University of Santo Tomas
Faculty of Civil Law
LEGAL AND
JUDICIALETHICS
Questions Asked More Than Once
QuAMTO 2021
QuAMTO is a compilation of past bar questions with answers as suggested by the UPLC and other
distinct luminaries in the academe, and updated by the UST Academics Committee to fit for the
2021 Bar Exams.
Bar questions are arranged per topic in accordance with the bar syllabus released by the Supreme
Court and were selected based on their occurrence on past bar examinations from 1987 to 2019.
ACADEMICS COMMITTEE
MARIA FRANCES FAYE R. GUTIERREZ
JOHN EDWARD F. FRONDA
ANGEL ISAH M. ROMERO
KIRBY ANNE C. RENIA
KAREN ABBIE C. ASPIRAS
JOSE CHRISTIAN ANTHONY I. PINZON
NATHAN RAPHAEL D.L. AGUSTIN
MARIA FRANCES FAYE R. GUTIERREZ
SECRETARY GENERAL
EXECUTIVE COMMITTEE
LAYOUT AND DESIGN
QuAMTO COMMITTEE MEMBERS
HANNAH CAMILLE N. LACAP
HANNAH MAE MEDES
ALEXANDRA NICOLE SUGAY
ANDREA CABATU
DANICE GAN
ATTY. EMMA RUBY J. AGUILAR
ATTY. AL CONRAD B. ESPALDON
ADVISERS
OUR DEEPEST APPRECIATION TO OUR
MENTORS AND INSPIRATION
JUDGE OSCAR B. PIMENTEL
ATTY. ISAIAH O. ASUNCION III
JUDGE PHILIP A. AGUINALDO
JUDGE PEDRO T. DABU, JR.
JUSTICE AMY L. JAVIER
ATTY. FERDINAND JOSEPH
DECHAVEZ
JUSTICE MYRA G. FERNANDEZ
JUDGE EDGARDO BELLOSILLO
ATTY. ELGIN MICHAEL C. PEREZ
JUDGE MADONNA C. ECHIVERRI
ATTY. ARNOLD E. CACHO
DEAN RODEL A. TATON
JUDGE NOLI C. DIAZ
ATTY. JAY-R C. IPAC
JUSTICE GEORGINA D. HIDALGO
ATTY. ARSENIK PAGADUAN
DEAN JOSE I. DELA RAMA, JR.
ATTY. GLEN R. LUANSING
ATTY. EMMA RUBY J. AGUILAR
DEAN GEZZEZ GIEZI G. GRANADO
ATTY. MARIAN JOANNE K. COPUA
JUDGE KATLYN ANNE AGUILARBILGERA
JUDGE JESUSA LAPUZ-GAUDIANO
JUDGE EMILY CYNTHIA WEE
ATTY. LOURDES ANIFEL CASPE
ATTY. BENIGNO G. PAR, JR.
JUDGE LEILANI MARIE D.
GRIMARES
For being our guideposts in understanding
the intricate sphere of Legal and Judicial Ethics.
-Academics Committee 2021
QuAMTO (1987-2019)
Q: Evelyn, Luisa. Myra, Josefina, Pamela and
Rose are bona fide members of the Philippine
bar. They agree to form a close corporation to
be named LEGALCARE the principal purpose of
which is “to provide clients legal services,
research and advice as well as trial advocacy for
a fee." The services shall be rendered not only
by these enterprising pioneers of LEGALCARE
but also by lawyers to be employed by the
projected corporation on a regular monthly
salary basis.
LEGAL AND JUDICIAL ETHICS QUAMTO
LEGAL ETHICS
Q: What do you understand by Legal Ethics?
Discuss its importance and state its sources.
A: Legal ethics is that branch of moral science
which treats of the duties that an attorney owes to
the court, to his client, to his colleagues, in the
profession, and to society.
May LEGALCARE be legally incorporated?
Discuss fully. (1995 BAR)
The sources of legal ethics are the Constitution, the
Rules of Court, some particular provisions of
statutes, the Code of Professional Responsibility
and Judicial decisions.
A: A corporation cannot engage in the practice of
law even by hiring lawyers to perform legal work.
It has been held that only a natural person can
engage in the practice of law. A lawyer is burdened
with peculiar duties and responsibilities. A
corporation cannot take an oath of office, be an
officer of the court or subjected to court discipline:
it cannot engage in law practice directly, it cannot
evade the requirements by employing competent
lawyers to practice for it (Matter of Cooperative Law
Co., N.Y. 579). Hence, LEGALCARE cannot be legally
incorporated because the principal purpose
involves the practice of law.
Legal ethics is important in order to maintain a high
moral standard for the lawyer in performing his
duties as an officer of the court, his duties to his
client, to the members of the legal profession as
well as to society. Lawyers wield so much power
and influence in society. Unless their acts are
regulated by high norms of ethical conduct, they are
likely to abuse them.
__________________________________________________________
PRACTICE OF LAW (RULE 138)
_________________________________________________________
Practice of law is a privilege, not a right
Definition of the practice of law
Q: Is the practice of law a right or a privilege?
Discuss fully. (1995 BAR)
Q: Atty. Yabang was suspended as a member of
the Bar for a period of one (1) year. During the
period of suspension, he was permitted by his
law firm to continue working in their office,
drafting and preparing pleadings and other
legal documents, but was not allowed to come
into direct contact with the firms’ clients. Atty.
Yabang was subsequently sued for illegal
practice of law. Would the case prosper?
Explain. (2005 BAR)
A: The practice of law is basically a privilege
because it is limited to persons of good moral
character with special qualifications duly
ascertained and certified (5 Am. Jur. 270). Thus,
only those persons are allowed to practice law, who
by reason of attainments previously acquired
through education and study, have been recognized
by the courts as possessing profound knowledge of
legal science. Attorneys are the court’s
constituency - to aid it in the administration of
justice. (Dodge v. State, 38 NE 745)
A: The Supreme Court has defined the practice of
law as any activity in or out of court, which requires
the application of law, legal principle, practice or
procedure and calls for legal knowledge, training
and experience (Cayetano vs. Monsod, 201 SCRA 210
[1991]). Based on this definition, the acts of Atty.
Yabang of preparing pleadings and other legal
documents would constitute practice of law. More
so, if his activities are for the benefit of his law firm,
because the employment of a law firm is the
employment of all the members thereof. The case
against him will prosper.
Law as a profession, not a business or trade
Q: You are the managing partner of a law firm. A
new foreign airline company, recently granted
rights by the Civil
Aeronautics Board at the
NAIA, is scouting for a law firm which could
handle its cases in the Philippines and provide
legal services to the company and its personnel.
After discussing with you the extent of the legal
services your law firm is prepared to render,
the general manager gives you a letter-proposal
from another law firm in which its time-billing
rates and professional fees for various legal
services are indicated. You are asked to submit
a similar letter-proposal stating your firm's
proposed fees.
ALTERNATIVE ANSWER:
The traditional concept of practice of law requires
the existence of a lawyer-client relationship as a
requisite. Pursuant to this concept, inasmuch as
Atty. Yabang was not allowed by his law firm to
come into direct contact with the firm’s clients
during the period of his suspension, he cannot be
considered as having engaged in illegal practice of
law. The case against him will not prosper.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
The airline company's general manager also
tells you that, if your proposed fees would at
least be 25 per cent lower than those proposed
by the other firm, you will get the company's
legal business. How would you react to the
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Legal and Judicial Ethics
suggestion? (1997 BAR)
advertisement because they are likely to create an
unjustified expectation about the results the lawyer
can achieve or implies that the lawyer can achieve
results by improper means. (ABA Model Rule 7.1.b)
A: I will emphasize to the General Manager that the
practice of law is a profession and not a trade.
Consequently, I will not propose a lower fee just for
the sake of competing with another firm. Because
such practice smacks of commercialism. Moreover,
Rule 2. 04 of the Code of Professional Responsibility
provides that a lawyer shall not charge rates lower
than those customarily prescribed unless the
circumstances so warrant. I will charge fees that
will be reasonable under the circumstances.
Q: Cite some of the characteristics of the legal
profession which distinguish it from business.
(2015 BAR)
A: The primary characteristics which distinguish
the legal profession from a business are:
1.
Q: As a new lawyer, Attorney Novato started
with a practice limited to small claims cases,
legal counseling, and notarization of
documents. He put up a solo practice law office
and was assisted by his wife who served as his
secretary/helper. He used a makeshift hut in a
vacant lot near the local courts and a local
transport regulatory agency. With this strategic
location, he enjoyed heavy patronage assisting
walk-in clients in the preparation and filing of
pleadings and in the preparation and
notarization of contracts and documents, and
charges a reasonable fee for the service. He
draws electric power from an extension wire
connected to an adjoining small restaurant. He
put up a shingle that reads: “Atty. Novato,
Specialist in Small Claims, Fastest in
Notarization; the Be stand Cheapest in Copier
Services.”
2.
3.
4.
a duty of public service of which emolument is
a by-product and in which one may attain the
highest eminence without making much
money;
a relation as officer of the court to the
administration of justice involving thorough
sincerity, integrity and reliability;
a relation to client in the highest degree
fiduciary;
A relation to colleagues characterized by
candor, fairness and unwillingness to resort to
current business methods of advertising and
encroachment on their, or dealing directly
with their clients. (In Re Sycip, 92 SCRA 1)
Qualifications for admission to the Bar
Q: Upon learning from newspaper reports that
bar candidate Vic Pugote passed the bar
examinations. Miss Adorable immediately
lodged a complaint with the Supreme Court,
praying that Vic Pugote be disallowed from
taking the oath as a member of the Philippine
Bar because he was maintaining illicit sexual
relations with several women other than his
lawfully wedded spouse. However, from
unexplained reasons, he succeeded to take his
oath as a lawyer. Later, when confronted with
Miss Adorable’s complaint formally, Pugote
moved for its dismissal on the ground that it is
already moot and academic. Should Miss
Adorable’s complaint be dismissed or not?
Explain briefly. (2004 BAR)
Is Atty. Novato’s manner of carrying out his
professional practice –i.e., mixing business with
the practice of law, announcing his activities via
a shingle and locating his office as abovedescribed – in keeping with appropriate ethical
and professional practice? (2013 BAR)
A: NO. Atty. Novato’s manner of carrying out his
professional practice is not in keeping with
appropriate ethical and professional practice. He
has degraded the law profession, which may result
to loss of respect to lawyers as a whole.
The use of a makeshift hut standing alone would
create the impression that the lawyer does not have
a permanent address which is required to be stated
in all pleadings he signs as well as required to be
shown in documents he notarizes.
A: It should not be dismissed. Her charge involves
a matter of good moral character which is not only
a requisite for admission to the Bar, but also a
continuing condition for remaining a member of
the Bar. As such, the admission of Vic Pugote to the
Bar does not render the question moot and
academic.
His shingle shows that he has considered the law
profession as a business. He should have a separate
shingle for his copier services business.
Q: Miguel Jactar, a fourth-year law student,
drove his vehicle recklessly and hit the rear
bumper of SimplicioMedroso’s vehicle. Instead
of stopping, Jactar accelerated and sped away.
Medroso pursued Jactar and caught up with
him at an intersection. In their confrontation,
Jactar dared Medroso to sue, bragged about his
connections with the courts, and even uttered
veiled threats against Medroso. During the
police investigation that followed, Medroso
learned that Jactar was reviewing for the Bar
examinations.
When he included in his shingle the phrases
“Specialist in Small Claims” and “Fastest in
Notarization,”he has transgressed the rule that a
lawyer in making known his legal services shall use
only dignified information or statement of facts.
(Code of Professional Responsibility, Canon 3)
So also the norm that a lawyer shall not use or
permit the use of any misleading, undignified, selflaudatory or unfair statement or claim regarding
his qualifications or legal services. (Ibid., Canon 3,
Rule 3.01)
Under these facts, list and justify the potential
objections that can be made against Jactar’s
admission to the practice of law. (2013 BAR)
The use of the phrases “Specialist in Small
Claims”and “Fastest in Notarization”is misleading
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QuAMTO (1987-2019)
A: The potential objection that can be made against
Jactar’s admission to the practice of law is the
absence of good moral character. (Rules of Court,
Rule 138, Sec. 2)
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.
Jactar’s bragging about his connection with the
courts and uttering veiled threats against Medroso
are indications of his lack of good moral character.
His acts are contrary to justice, honesty, modesty or
good morals (In Re Basa, 41 Phil. 276). He has acted
in a manner that has violated the private and social
duties which a man owes to his fellowmen, or to
society in general, contrary to the accepted and
customary rule of right and duty between man and
man. (Tak Ng v. Republic, G.R. No. L-13017, 106 Phil.
730, December 23, 1959)
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.
NOTE: Any answer which explains the nature of
absence of good moral character should be given
full credit.
Atty. Carlos and Atty. Cristina raised the defense
that the acts complained of took place before
they were admitted to the bar. Rule. (2018 BAR)
Q: Prior to his admission to the freshman year
in a reputable law school, bar examinee A was
charged before the Municipal Trial Court with
damage to property through reckless
imprudence for accidentally sideswiping a
parked jeepney. The case was amicably settled
with A agreeing to pay the claim of the jeepney
owner for P1,000.00. In his application to take
the 1997 Bar Examinations, A did not disclose
the above incident. Is he qualified to take the
Bar Examinations? (1997, 2005 BAR)
A: It is not important that the acts complained of
were committed before they were admitted to the
bar. The possession of good moral character is both
a condition precedent for admission to the bar and
a continuing condition to remain a member of the
legal profession. In the case of Garrido v. Garrido,
involving the same facts, the Supreme Court held as
follows:
“Admission to the bar does not preclude a
subsequent judicial inquiry, upon proper
complaint, into any question concerning the mental
or moral fitness of the respondent before he
became a lawyer. Admission to the practice only
creates the rebuttable presumption that the
applicant has all the qualifications to become a
lawyer, this may be refuted by clear and convincing
evidence to the contrary even after admission to
the Bar.” (A.C. No. 6593, February 4, 2010)
A: Rule 7.01 of the Code of Professional
Responsibility provides that “a lawyer shall be
answerable for knowingly making a false statement
or suppressing a material fact in connection with
his application for admission to the bar”. In the case
of In Re: Ramon Galang, 66 SCRA 245, the
respondent repeatedly omitted to make mention of
the fact that there was a pending criminal case for
slight physical injuries against him in all four (4)
applications for admission to take the bar
examinations. He was found to have fraudulently
concealed and withheld such fact from the Supreme
Court and committed perjury. The Supreme Court
cited the rule that “the concealment of an attorney
in his application to take the bar examinations of
the fact that he had been charged with, or indicted
for, an alleged crime, is a ground for revocation of
his license to practice law.”
APPEARANCE OF NON-LAWYERS
Law student practice rule (Rule 188-A) and
Revised Law Student Practice Rule (A.M. No. 1903-24-SC)
The Revised Rule is an amendment to the existing
provisions of Rule 138-A of the Rules of Court. A
salient feature of the Revised Rule is that a law
student must now be certified to be able to engage
in the limited practice of law.
A’s failure to disclose that he had been charged with
damage to property through reckless imprudence
in his application for admission to the bar
examinations disqualifies him. It does not matter
that the offense charged does not involve moral
turpitude or has been amicably settled. When the
applicant concealed a charge of a crime against him
but which crime does not involve moral turpitude,
this concealment nevertheless, will be taken
against him. It is the fact of concealment and not the
commission of the crime itself that makes him
morally unfit to become a lawyer. (In Re: Ramon
Galang, A.C. No. 1163, August 29, 1975)
NOTE: This rule shall take effect at the start of the
Academic Year 2020-2021 following its publication
in two (2) newspapers of general circulation.
Under Section 3 of the Revised Rule, a law student
shall apply for and secure a Level 1 or 2
Certification, as the case may be, in order to be
permitted to engage in any of the activities under
the Clinical Legal Education Program of a law
school. The basic distinction between the two levels
involve the minimum academic requirement the
law student has successfully completed: for Level 1
Q: Carlos contracted two marriages: the first
was with Consuelo, whom he left in the
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
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BAR OPERATIONS
Legal and Judicial Ethics
Certification – first-year law courses, while for
Level 2 Certification – third-year law courses.
Non-lawyers in courts
Q: Generally, only those who are members of
the bar can appear in court. Are there
exceptions to this rule? Explain (1996 BAR)
Q: Enumerate the instances when a law student
may appear in court as counsel for a litigant.
(2006 BAR)
A:
a.
b.
c.
d.
e.
f.
A: The exceptions to the rule that only those who
are members of the bar can appear in court are the
following:
Under the Student Practice Rule, a law student
who has successfully completed his third year
of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school’s clinical legal education program
approved by the Supreme court, may appear
without compensation in any civil, criminal or
administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law
school, under the direct supervision and
control of a member of the Integrated Bar of
the Philippines if he appears in a Regional Trial
Court, and without such supervision if he
appears in an inferior court (Bar Matter 730,
June 10, 1997);
When he appears as an agent or friend of a
litigant in an inferior court (Sec. 34, Rule 138,
Revised Rules of Court);
When he is authorized by law to appear for the
Government of the Philippines (Sec. 33, Rule
138, Revised Rules of Court);
In remote municipalities where members of
the bar are not available, the judge of an
inferior court may appoint a non-lawyer who
is a resident the province and of good repute
for probity and ability, to aid the defendant in
his defense (Sec. 4, Rule 116, Revised Rules of
Court);
A law student may appear before the National
Labor Relations Commission or any Labor
Arbiter if (a) he represents himself, as a party
to the case, (b) he represents an organization
or its members with written authorization
from them, or (c) he is a duly-accredited
member of any legal aid office duly recognized
by the Department of Justice or the Integrated
Bar of the Philippines in cases referred to by
the latter (Art. 222, Labor Code; Kanlaon
Construction Enterprises Co., Inc. v. NLRC, 279
SCRA 337 [1997]); and
Under the Cadastral Act, a non-lawyer may
represent a claimant before the Cadastral
Court (Sec. 8, Act No.2250).
a.
In the municipal trial court, a party may
conduct his litigation in person or with the aid
of an agent or friend (Sec. 34. Rule 138).
b. In any other court, a party may conduct his
litigation personally (Id.)
c. In criminal proceedings before a municipal
trial court in a locality where a duly licensed
member of the bar is not available, the court
may in its discretion admit or assign a person,
resident of the province and of good repute
for probity and ability, to aid the defendant in
his defense, although the person so assigned
is not a duly authorized member of the bar
(Sec. 4. Rule 116).
d. Any official or other person appointed or
designated in accordance with law to appear
for the Government of the Philippines shall
have all the rights of a duly authorized
member of the bar to appear in any case in
which said government has an interest direct
or indirect (Sec. 33. Rule 138).
e. A senior law student who is enrolled in a
recognized law school’s clinical education
program approved by the Supreme Court may
appear
before
any
court
without
compensation to represent indigent clients
accepted by the Legal Clinic of the law school
(Rule 138-A).
f. Non-lawyers may appear before the NLRC or
any Labor Arbiter if they represent
themselves or their labor organization or
members thereof (Art. 222, Labor Code).
a) Under the Cadastral Act, a non-lawyer can
rep-resent a claimant before the Cadastral
Court (Sec. 9. Act. 2259).
Q: A, a mere high school graduate, with the aid
of a friend who is a college undergraduate,
filed a complaint for recovery of a sum of
money in the amount of Four Thousand (P4,
000.00) Pesos in the Metropolitan Trial Court
of his town. The Clerk of Court told A that his
complaint might be dismissed for insufficiency
as to form because neither he nor his friend
who is assisting him is a lawyer. Is the Clerk of
Court, correct? (1999 BAR)
Q: What is the student practice rule? (2009
BAR)
A: The Student Practice Rule (Rule 138-A) is the
Rule authorizing a law student who has
successfully completed his 3rd year of the regular
four-year prescribed law curriculum and is
enrolled in a recognized law school’s clinical legal
education program approved by the Supreme
Court, to appear without compensation in any civil,
criminal or administrative case before any trial
court, tribunal or board or officer, to represent
indigent clients accepted by the legal clinic of the
law school, under the direct supervision and
control of a member of the IBP accredited by the
law school.
A: The Clerk of Court is not correct. In the Justice
of the Peace courts (now known as Municipal Trial
Court or Municipal Circuit Trial Courts or
Metropolitan Trial Court), a party may conduct his
litigation in person, with the aid of an agent or
friend appointed by him for that purpose, or with
the aid of an attorney (Sec. 34, Rule 138, Rules of
Court)
Q: A, a law graduate but has not passed the bar
examination, filed a Complaint in the Regional
Trial Court for recovery of Fifty Thousand (P50,
000.00) Pesos owed him by B. At the hearing of
the case after Answer was filed, A appeared by
4
QuAMTO (1987-2019)
himself alone and without counsel to prosecute
his case. The defendant pointed out to the Court
that A was not a member of the bar and
suggested that for his own protection, A should
engage the services of a counsel duly accredited
as a member of the Bar. The Judge intimated his
willingness to reset the hearing of the case to
another day to enable plaintiff to engage the
services of counsel. Plaintiff replied he could
manage to prosecute his own case, it being but
a simple case for collection of sum of money. If
you were the Judge, will you allow A to continue
prosecuting his case by himself alone? (1999
BAR)
Atty. Fernandez from the practice of law for
gross immorality. He asked the Municipal
Circuit Trial Court Judge of his town if he can be
appointed counsel de officio for Tony, a
childhood friend who is accused of theft. The
Judge refused because Atty. Fernandez’s name
appears in the Supreme Court’s List of
Suspended Lawyers. Atty. Fernandez then
inquired if he can appear as a friend for Tony to
defend him. If you were the judge, will you
authorize him to appear in your court as a
friend for Tony?
B. Supposing Tony is a defendant in a civil case
for collection of sum of money before the same
court, can Atty. Fernandez appear for him to
conduct his litigation? (2006 BAR)
A: Section 34, Rule 138 of the Rules of Court
provides that in a Regional Trial Court, a party may
conduct his litigation personally or by aid of an
attorney, and his appearance must be either
personal or by a duly authorized member of the
bar. Hence, if I were the Judge, I will allow A to
continue prosecuting his case alone, but I will warn
him about the risks involved in his doing so
because of his lack of knowledge of law and legal
procedure.
A:
A. I will not authorize him to appear as a friend of
Tony. The accused in a criminal case is entitled
to be represented by legal counsel, and only a
lawyer can be appointed as counsel de officio.
Although a municipal trial court may appoint a
person of good refute to aid the accused as
counsel de officio in his defense, this is
applicable only where members of the bar are
not present (Sec. 4, Rule 116, Revised Rules of
Court). Necessarily, the friend referred to one
who is not a lawyer. Atty. Fernandez is a lawyer
but under indefinite suspension. He should not
be allowed to practice law even as a counsel de
officio.
ALTERNATIVE ANSWERS:
a. If I were the Judge, I will not allow A to
prosecute his case. Although he is a law
graduate, it does not appear that he is familiar
with procedural law, having filed the case with
the RTC which has no jurisdiction over the case
in view of the amount involved. The judge is
duty bound to see to it that there is no
miscarriage of justice.
b. No. I shall dismiss the case for lack of
jurisdiction because the amount of P50.000.00
is within the jurisdictional ambit of the
Municipal Trial Court. Consequently, A could
not continue prosecuting the case.
B. Even if Tony is a defendant in a civil case, Atty.
Fernandez cannot be allowed to appear for him
to conduct his litigation; otherwise, the judge
will be violating Canon 9 of the Code of
Professional Responsibility which provides
that "a lawyer shall not, directly or indirectly,
assist in the unauthorized practice of law.
Non-lawyers in administrative tribunals
ALTERNATIVE ANSWERS TO 1 AND 2:
Q: Raul Catapang, a law graduate and vicepresident for labor relations of XYZ Labor
Union,
entered
his
appearance
as
representative of a member of the union before
the Labor Arbiter in a case for illegal dismissal,
unpaid wages and overtime pay. Counsel for the
Company objected to Raul’s appearance and
moved for his disqualification on the ground
that he is not a lawyer. If you were the Labor
Arbiter, how would you resolve the motion?
Why? (2002 BAR)
YES, if Atty. Fernandez was appointed by Tony.
Even if Atty. Fernandez was suspended indefinitely,
he may appear as an. agent or friend of Tony, the
party litigant in the Municipal Trial Court, if Tony
appoints him to conduct his case. (Sec. 34, Rule 138,
Revised Rules of Court, Cantimbuhan v. Cruz, Jr., 126
SCRA 190 [1983])
Q: Atty. E entered his appearance as counsel for
defendant F in a case pending before the
Regional Trial Court. F later complained that he
did not authorize Atty. E to appear for him. F
moved that the court suspend Atty. E from the
practice of law. May the judge grant the motion?
Explain. (2000 BAR)
A: I will deny the motion to disqualify Raul. Article
222 of the Labor Code authorizes non- lawyers to
appear before the National Labor Relations
Commission or any Labor Arbiter in representation
of their organization or members thereof.
A: The judge may grant the motion. Unauthorized
appearance is a ground for suspension or
disbarment (Sec. 27, Rule 138, Rules of Court)
SANCTIONS FOR PRACTICE OR
APPEARANCE WITHOUT AUTHORITY
ALTERNATIVE ANSWER:
Lawyers without authority
It depends. A lawyer’s appearance for a party
without the authority of the latter must be willful,
Q:
A. The Supreme Court suspended indefinitely
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
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BAR OPERATIONS
Legal and Judicial Ethics
corrupt or contumacious in order that he may be
held administratively liable therefor. But if he has
acted in good faith, the complaint for suspension
will fail. (Garrido v. Qutsumbing, 28 SCRA 614, 1969)
BAR)
A: YES, his father-in-law may represent him in
court. Under the Local Government Code (R.A.
7160), members of the Sanggunian may engage in
the practice of law, except in the following:
PUBLIC OFFICIALS AND
THE PRACTICE OF LAW
1.
Prohibition or disqualification of former
government attorneys
Q: Atty. Herminio de Pano is a former
Prosecutor of the City of Manila who
established his own law office after taking
advantage of the Early Retirement Law. He was
approached by Estrella Cabigao to act as private
prosecutor in an estafa case in which she is the
complainant. It appears that said estafa case
was investigated by Atty. de Panowhen he was
still a Prosecutor. Should Atty. de Pano accept
employment as private prosecutor in said
estafa case? Explain. (1992 BAR)
2.
3.
4.
A: Atty. de Pano should not accept the employment
as private prosecutor as he will be violating Canon
6, Rule 6.03 of the Code of Professional
Responsibility which provides that a lawyer shall
not, after leaving government service, accept
employment in connection with any matter in
which he had intervened while in said service.
they shall not appear as counsel before any
court in any civil case wherein a local
government unit or any office, agency or
instrumentality of the government is the
adverse party;
they shall not appear as counsel in any criminal
case wherein an officer or employee of the
national or local government is accused of an
offense committed in relation to his office;
they shall not collect any fee for their
appearance in administrative proceedings
including the local government unit of which
he is an official; and
they shall not use property and personnel of
the Government except when the Sanggunian
member concerned is defending the interests
of the government. In this case, the town
mayor was indicted for homicide through
reckless imprudence, an offense that is not
related to his office.
Q: In a civil case before the Regional Trial Court
between Mercy Sanchez and Cora Delano,
Sanchez engaged the services of the Reyes Cruz
& Santos Law Offices. Delano moved for the
disqualification of the Reyes Cruz & Santos Law
Offices on the ground that Atty. Cruz is an
incumbent senator. Rule on the motion with
reasons. (1990 BAR)
Q: Lawyer U, a retired Tanodbayan prosecutor,
now in the private practice of law entered his
appearance for and in behalf of an accused in a
case
before
the
Sandiganbayan.
The
prosecution moved for his disqualification on
the ground that he had earlier appeared for the
prosecution in the case and is knowledgeable
about the prosecution's evidence, both
documentary and testimonial. U contended
that he merely appeared at the arraignment on
behalf of the prosecutor assigned to the case
who was absent at the time. Decide. (1991 BAR)
A: As a judge, I will require that the name of Atty.
Cruz, an incumbent Senator, be dropped from any
pleading filed in court or from any oral appearance
for the law firm by any other member of the law
firm, and should the law firm refuse, I will
disqualify the law firm. My reasons are as follows:
Article VI, Sec. 14 of the 1987 Constitution provides
that “no Senator or Member of the House of
Representatives may personally appear as counsel
before any court of Justice or before the Electoral
Tribunals,
or
quasi-judicial
and
other
administrative bodies." What is prohibited is
personal appearance of the Senator Atty. Cruz, and
for as long as the Senator does not personally
appear in court for Mercy Sanchez, the prohibition
does not apply. Personal appearance includes not
only arguing or attending a hearing of a case in
court but also the signing of a pleading and filing it
in court. Hence, the Senator should not allow his
name to appear in pleadings filed in court by itself
or as part of a law firm name, such as Reyes Cruz
and Santos Law Offices, under the signature of
another lawyer in the law firm, nor should he allow
the firm name with his name therein to appear as
counsel through another lawyer, without
indirectly violating the constitutional restriction,
because the signature of an agent amounts to a
signing by the Senator through another lawyer is in
effect his appearance, the office of attorney being
originally one of agency, and because the Senator
cannot do indirectly what the Constitution
prohibits directly.
A: Lawyer U should be disqualified from entering
his appearance in this case even only for
arraignment of the accused. His appearance is
deemed to be appearing for conflicting interest.
ALTERNATIVE ANSWER:
Canon 36 provides that a lawyer, having once held
public office or having been in public employ,
should not, after his retirement, accept
employment in connection with any matter he has
investigated or passed upon while in such office or
employ. The contention of U that he merely
appeared at the arraignment on behalf of the
absent prosecutor, is not enough. As a former
Tanod-bayan prosecutor, he certainly had occasion
to obtain knowledge about the prosecution’s
evidence.
Public officials who cannot practice law or can
practice law with restrictions
Q: A town mayor was indicted for homicide
through reckless imprudence arising from a
vehicular accident. May his father-in-law who is
a lawyer and a Sangguniang Panlalawigan
member represent him in court? Reason. (2000
6
QuAMTO (1987-2019)
The lawyer actually appearing for Mercy Sanchez
should drop the name of Atty. Cruz from any
pleading or from any oral appearance in court,
otherwise the law firm could be disqualified.
Moreover, Rule 6.02 of the Code of Professional
Responsibility prohibits a lawyer in government
from using his public position to promote or
advance his private interests, and the Senator’s
name appearing in pleadings or in appearances by
other lawyers in the law firm may be misconstrued
as indirectly influencing the judge to decide the
case in favor of the law firm’s client, which can only
be avoided by dropping the name of the Senator
from the firm name whenever it appears in court.
role of the State’s lawyer in nullification of marriage
cases is that of protector of the institution of
marriage (Art 48, Family Code). “The task of
protecting marriage as an inviolable social
institution requires vigilant and zealous
participation and not mere pro forma compliance"
(Malcampo-Sin v. Sin, 355 SCRA 285 [2001]). This
role could not be left to the- private counsels who
have been engaged to protect the private interests
of the parties.
LAWYER’S OATH
Q: The Lawyer’s Oath is a source of obligation
and its violation is a ground for suspension,
disbarment, or other disciplinary action. State
in substance the Lawyer’s Oath. (2018, 2015,
2009 BAR)
ALTERNATIVE ANSWERS:
a.
b.
The motion to disqualify the Reyes Cruz and
Santos Law Offices may not prosper as Article
VI, Section 14 of the Constitution prohibits a
Senator or Member of the House of
Representatives to personally appear as
counsel in any court of justice. If Attorney Cruz
who is a Senator personally appears, he may
be disqualified.
I will deny the motion. The Constitution
prohibits personal appearance by a member
of Congress before the Courts but does not
totally prohibit law practice. As long as the
Senator does not personally or physically
appear in court, there is no disqualification.
A:
“I,________________________________,
having
been
permitted to continue in the practice of law in the
Philippines, do solemnly swear that I recognize the
supreme authority of the Republic of the
Philippines; I will support its Constitution and obey
the law as well as the legal orders of the duly
constituted authorities therein; I will do no
falsehood, nor consent to the doing of any in court;
I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, nor give aid nor
consent to the same; I will delay no man for money
or malice, and will conduct myself as a lawyer
according to the best of my knowledge and
discretion with all good fidelity as well to the courts
as to my clients; and I impose upon myself this
voluntary obligation without any mental
reservation or purpose of evasion. So, help me
God.”
Lawyers who are authorized to represent
government
Q: From the viewpoint of legal ethics, why
should it be mandatory that the public
prosecutor be present at the trial of a criminal
case despite the presence of a private
prosecutor? (2001 BAR)
Q: Section 20, Rule 138 of the Rules of Court
enumerates nine (9) duties of attorneys. Give at
least three (3) of them. (2000, 2007 BAR)
A: The public prosecutor must be present at the
trial of the criminal case despite the presence of a
private prosecutor in order to see to it that the
interest of the State is well- guarded and protected,
should the private prosecutor be found lacking in
competence in prosecuting the case. Moreover, the
primary duty of a public prosecutor is not to convict
but to see to it that justice is done (Rule 6.01, Code
of Professional Responsibility). A private prosecutor
would be naturally interested only in the conviction
of the accused.
A: Under Section 20, Rule 138, it is the duty of an
attorney:
1.
2.
3.
Q: Prosecutor Coronel entered his appearance
on behalf of the State before a Family Court in a
case for declaration of nullity of marriage, but
he failed to appear in all the subsequent
proceedings. When required by the Department
of Justice to explain, he argued that the parties
in the case were ably represented by their
respective counsels and that his time would be
better employed in more substantial
prosecutorial functions, such as investigations,
inquests and appearances in court hearings. Is
Atty. Coronel’s explanation tenable? (2017,
2006 BAR)
4.
5.
6.
A: Atty. Coronel’s explanation is not tenable. The
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
7
To maintain allegiance to the Republic of the
Philippines;
To maintain the respect due to the courts of
justice and judicial officers;
To counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law;
To employ, for the purpose of maintaining the
causes confided to him such means only as are
consistent with truth and honor, and never
seek to mislead the judge or any Judicial
officer by an artifice or false statement of fact
or law;
To maintain inviolate the confidence, and at
every peril to himself, to preserve the secret of
his client, and to accept no compensation in
connection with his client’s business except
from him with his knowledge and approval;
To abstain from all offensive personality, and
to advance no fact prejudicial to the honor or
UST
BAR OPERATIONS
Legal and Judicial Ethics
7.
8.
9.
reputation of a party or witness, unless
required by the justice of the cause with which
he is charged;
Not to encourage either the commencement or
the continuance of an action or proceeding or
delay any man’s cause, from any corrupt
motive or interest;
Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed; and
The defense of a person accused of crime, by
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.
positions. The signatures of Atty. Doblar on the
pleadings for Eva and for Marla, constitute a
certificate by him that he has read the pleadings;
that to the best of his knowledge, information and
belief there is good ground to support them; and
that the pleadings were not interposed for delay
(Rules of Court, Rule 7, Sec. 3, 2nd par.)
Atty. Doblar could not claim he has complied with
the foregoing requirement because he could not
take a stand for Eva that is contrary to that taken
for Marla. His theory for Eva clearly contradicts
his theory for Marla. He has violated his
professional responsibility mandated under the
Rules of Court.
He has likewise violated the ethical responsibility
that his appearance in court should be deemed
equivalent to an assertion on his honor that in his
opinion his client’s case is one proper for judicial
determination (Canons of Professional Ethics,
Canon 30, 2nd par., last sentence)
Q: State the duties of a lawyer imposed by the
Lawyer’s oath (2016 BAR)
A: The following are the duties of a lawyer imposed
by the lawyer’s oath:
To maintain allegiance to the Republic of the
Philippines;
2. To support its Constitution;
3. To obey the laws as well as the legal orders of
the duly constituted authorities;
4. To do no falsehood nor consent to the doing of
the same in any court;
5. Not to wittingly or willingly promote or sue
any groundless, false or unlawful suit nor to
give nor to consent to the doing of the same;
6. To delay no man for money or malice;
7. To conduct himself as a lawyer according to
the best of his knowledge and discretion, with
all good fidelity to the courts as to his clients;
and
8. To impose upon himself that voluntary
obligation without any mental reservation or
purpose of evasion.
_________________________________________________________
In counseling on the contradictory positions, Atty.
Doblar has likewise counseled or abetted activities
aimed at defiance of the law or at lessening
confidence in the legal system (Code of Professional
Responsibility, Canon 1, Rule 1.02) because
conflicting opinions may result arising from an
interpretation of the same law.
1.
Atty. Doblar could not seek refuge under the
umbrella that what he has done was in protection
of his clients. This is so because a lawyer’s duty is
not to his client but to the administration of justice.
To that end, his client’s success is wholly
subordinate. His conduct ought to and must always
be scrupulously observant of the law and ethics
(Ernesto Pineda, LEGAL AND JUDICIAL ETHICS, 211
[1999], citing Maglasang v. People, G.R. No. 90083,
October 4, 1990)
Any means, not honorable, fair and honest, which
is resorted to by the lawyer, even in the pursuit of
his devotion to his client’s cause, is condemnable
and unethical. (Ibid.)
The Code of Professional Responsibility
________________________________________________________
TO SOCIETY (CANONS 1-6)
Q: Atty. Asilo, a lawyer and a notary public,
notarized a document already prepared by
spouses Roger and Luisa when they
approached him. It is stated in the document to
Roger and Luisa formally agreed to live
separately from each other and either one can
have a live-in partner with full consent of the
other. What is the liability of Atty. Asilo, if any?
(1998 BAR)
Q: Atty. Doblar represents Eva in a contract suit
against Olga. He is also defending Marla in a
substantially identical contract suit filed by
Emma. In behalf of Eva, Atty. Doblar claims that
the statute of limitations runs from the time of
the breach of the contract. In the action against
Marla, Atty. Doblar now argues the reverse
position – i.e. that the statute of limitation does
not run until one year after discovery of the
breach.
A: Atty. Asilo may be held administratively liable
for violating Rule 1.02 of the Code of Professional
Responsibility - a lawyer shall not counsel or abet
activities aimed defiance of the law or at lessening
confidence in the leg system. An agreement
between two spouses to live separately from each
other and either one could have a live-in partner
with full consent of the other, is contrary to law and
morals. The r atification by a notary public who is
a lawyer of in illegal or immoral contract or
document constitutes malpractice or gross
misconduct in office. He should at least refrain
from its consummation. (In Re Santiago, 70 Phil.
661 Panganiban v. Borromeo; 58 Phil. 367, In re
Both cases are assigned to Judge Elrey.
Although not the sole issue in the two cases, the
statute of limitations issue is critical in both.
Is there an ethical/professional responsibility
problem in this situation? If a problem exists,
what are its implications or potential
consequences? (2013 BAR)
A: Yes. There is an ethical/professional
responsibility problem that results from the
actuation of Atty. Doblar in arguing the reverse
8
QuAMTO (1987-2019)
Bucana, 72 SCRA 14)
contains the lawyer’s law office and legal specialty,
even if his office is located in his friend’s store.
What makes it more objectionable is the statement
of his supposed legal specialty. It is highly
unethical for an attorney to advertise his talents or
skill as a merchant.
Q: Atty. XX rented a house of his cousin JJ on a
month-to-months basis. He left for a 6- month
study in Japan without paying his rentals and
electric bills while he was away despite JJ’s
repeated demands.
Q: A Justice of the Supreme Court, while reading
a newspaper one weekend, saw the following
advertisement:
Upon his return to the Philippines, Atty. XX still
failed to settle his rental arrearages and
electric bills, drawing JJ to file an
administrative complaint against Atty. XX.
ANNULMENT OF
MARRIAGE
Competent
Lawyer
Reasonable Fee
Call 221-2221
Atty. XX contended that his non-payment
rentals and bills to his cousin is a personal
matter which has no bearing on his profession
as a lawyer and, therefore, he did not violate
the Code of Professional Responsibility. Is Atty.
XX’s contention in order? Explain. (2010 BAR)
The following session day, the Justice called the
attention of his colleagues and the Bar
Confidant was directed to verify the
advertisement. It turned out that the number
belongs to Attorney X, who was then directed to
explain to the court why he should not be
disciplinarily dealt with for the improper
advertisement. Attorney X, in his answer,
averred that (1) the advertisement was not
improper because his name was not mentioned
in the ad; and (2) he could not be subjected to
disciplinary action because there was no
complaint against him. Rule on Attorney X’s
contention. (2017, 2003, 1998 BAR)
A: NO. In a case involving the same facts, the
Supreme Court held that having incurred just
debts, a lawyer has a moral duty and legal
responsibility to settle them when they become
due. “Verily, lawyers must at all times faithfully
perform their duties to society, to the bar, to the
court and to their clients. As part of their duties,
they must promptly pay their financial
obligations.” (Wilson Cham v. Atty. Eva Pata-Moya,
556 SCRA 1, 2008)
True, honest, fair, dignified and objective
information on legal services
A: The advertisement is improper because it is a
solicitation of legal business and is tantamount to
self-praise by claiming to be a “competent lawyer”.
The fact that his name is not mentioned does not
make the advertisement proper. His identity can be
easily determined by calling the telephone number
stated. In the case of Ulep v. Legal Clinic, Inc., 223
SCRA 378, the Supreme Court found a similar
advertisement to be improper is spite of the fact
that the name of a lawyer was also not mentioned.
Q: A lone law practitioner Bartolome D. Carton,
who inherited the law office from his deceased
father Antonio C. Carton, carries these
names:“Carton& Carton Law Office.” Is that
permissible or objectionable? Explain. (2001,
1996, 1994 BAR)
A: Rule 3.02 of the Code of Professional
Responsibility provides as follows: “In the choice
of a firm name, no false, misleading or assumed
name shall be used; the continued use of the name
of deceased partner is permissible provided that
the firm indicates in all its communications that
the partner is deceased.” Since Atty. Antonio C.
Carton is a solo practitioner, it is improper for him
to use the firm name “Carton & Carton Law Office”,
which indicates that he is and/or was in
partnership with his father. Even if he indicates in
all his communication that his father is already
dead, the use of the firm name is still misleading
because his father was never his partner before. A
lawyer is not authorized to use in his practice of
profession a name other than the one inscribed in
the Roll of Attorneys.
Q: Facing disciplinary charges for advertising
as a lawyer, Atty. A argues that although the
calling card of his businessman friend indicates
his law office and his legal specialty, the law
office is located in his friend’s store. Decide.
(2001 BAR)
A complaint is not necessary to initiate disciplinary
action against a lawyer. In Sec. 1, Rule 139-B of the
Rules of Court, disciplinary action against a lawyer
may be initiated by the Supreme Court motu
proprio.
Q:
Determine
whether
the
following
advertisements by an attorney are ethical or
unethical. Write “Ethical” or “Unethical”, as the
case may be, opposite each letter and explain.
A calling card, 2x2 in size, bearing his
name in bold print, office, residence and email address, telephone and
facsimile numbers.
b. A business card, 3’’x4’’ in size, indicating
the aforementioned data with his photo,
1’’x1’’ in size.
c. A pictorial press release in a broadsheet
newspaper made by the attorney showing
him being congratulated by the president
of a client corporation for winning a multimillion damage suit against the company
in the Supreme Court.
d. The same press release made in a tabloid
a.
A: This appears to be a circumvention of the
prohibition on improper advertising. There is no
valid reason why the lawyer’s businessman friend
should be handling out calling cards which
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
9
UST
BAR OPERATIONS
Legal and Judicial Ethics
e.
by the attorney’s client.
A small announcement that the attorney is
giving free legal advice on November 30,
2017 published in Balita, a tabloid in
Filipino. (2017, 2002 BAR)
factual and true. Canon 27 of the Code of
Professional Ethics states that “memberships
and offices in bar associations and committees
thereof” may be included in a lawyer’s
advertisement. The statement that he gives free
consultation,
mediation
and
court
representation services is for the purpose of
promoting the IBP Legal Aid Committee.
A:
a. Ethical – A lawyer, in making known his legal
services shall use only true, honest, fair,
dignified and objective information or
statement of facts (Code of Professional
Responsibility, Canon 3). For solicitation to be
proper, it must be compatible with the dignity
of the legal profession. If made in a modest and
decorous manner, it would bring no injury to
the lawyer or to the bar (Warvelle, Legal Ethics,
p.55).
b. Unethical – The size of the card and the
inclusion of the lawyer’s photo in it smacks of
commercialism. It is highly unethical for an
attorney to advertise his talents or skill as a
merchant.
c. Unethical – A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for,
publicity to attract legal business (Code of
Professional Responsibility, Rule 3.04). A lawyer
should not resort to indirect advertisements
such as a pictorial press release in a newspaper
to attract legal business.
d. Ethical – A lawyer cannot be held liable for the
action of his client, provided he had no
knowledge of the client’s act. However, it would
be unethical if the lawyer knew of the client’s
intention to publish but nonetheless failed to
prevent it.
e. Ethical– The proffer of free legal services to the
indigent, even when broadcast over the radio or
tendered through circulation of printed matter
to the general public, offends no ethical rule.
The rule prescribing advertising or solicitation
of business is aimed at commercialization of the
profession and has to do with the effort to
obtain remunerative business. It was never
aimed at a situation in which a group of lawyers
announce that they are willing to devote some
of their time and energy to the interests of
indigent citizens (Agpalo, Legal and Judicial
Ethics, 8th Ed., p. 123).
b. Suppose the sign reads:
ATTY. REDENTOR A. WALANG-TALO
Attorney and Counsel-at-Law
General Practitioner
(Accepts pro bono cases pursuant
to the IBP Legal Aid Program)
Does the posting constitute
solicitation?
(2016 BAR)
A: On the other hand, this advertisement is for the
benefit of the lawyer alone and constitutes
solicitation.
ALTERNATIVE ANSWER:
This does not constitute solicitation. The lawyer
does not claim to be a specialist, but only a
“general practitioner.” The statement that he
accepts pro bono cases is not for the purpose of
promoting his “business’’, as” pro bono” means
“for free.”
TO THE LEGAL PROFESSION
GAL PROFESSION
INTEGRATED BAR OF THE PHILIPPINES
(RULE 139-A)
Membership and dues
Q: Not paying the annual IBP dues. (2008 BAR)
A: It is the duty of every lawyer to support the
activities of the Integrated Bar of the Philippines
(Canon 7, CPR). Default in payment of IBP dues for
six months shall warrant suspension of
membership to the Integrated Bar, and default to
make such payment for one year shall be a ground
for the removal of the delinquent member from the
Roll of Attorneys. (In Re Atty. Marcial Edillon, 84
SCRA 554 [1978])
Q: A sign was posted at the building where the
law office of Atty. Redentor Walang-Talo is
located. The sign reads:
Q: In a complaint filed before the Integrated
Bar of the Philippines (IBP) against Atty. Cirilo
Celis, a senior citizen, it was shown that: a) he
failed to pay his IBP dues for six (6) years; b) he
indicated uniformly in his pleadings for three
(3) consecutive years “IBP Muntinlupa OR No.
12345” as proof of payment of his IBP fees; and
c) he did not indicate any Professional Tax
Receipt number. to prove payment of his
professional dues.
ATTY. REDENTOR A. WALANG-TALO
Chairman, IBP Legal Aid
Committee Makati City IBP
Chapter
Free conciliation, mediation
and court representation
Suite 210, Galaxy Building, J.P.
Rizal Street,
Makati City
In his defense, Atty. Celis alleged that he is only
engaged in a “limited” law practice, and his
principal occupation, as disclosed in his income
tax return, is that of a farmer of a 30-hectare
orchard and pineapple farm in Camarines Sur.
He also claimed that he believed in good faith
a. Does the posting constitute solicitation?
A: There is nothing wrong with the
advertisement. The statement that he is the
chairman of the IBP Legal Aid Committee is
10
QuAMTO (1987-2019)
that, as a senior citizen, he was exempt from
payment of taxes, such as income tax, under
Republic Act No. 7432 which grants senior
citizens “exemption from the payment of
individual income taxes provided that their
annual taxable income does not exceed the
poverty level as determined by the NEDA for
that year.”
Kuripot insisted that he did not violate the Code
of Professional Responsibility, since his
obligation to the bank was personal in nature
and had no relation to his being a lawyer.Is Atty.
Kuripot correct? Explain your answer. (2017,
2005 BAR)
A: NO. Atty. Kuripot is not correct. A lawyer should
act according to the standards of the legal
profession even in his personal acts. A lawyer shall
not engage in conduct that adversely affects his
fitness to practice law, nor shall he, whether in
public or private life, behave in a scandalous
manner to the discredit of the legal profession.
(Code of Professional Responsibility, Rule 7.03)
As a member of the IBP Board of Governors,
decide on the following:
(a) the validity of his claim that, being engaged
in a limited practice of law and being a senior
citizen who is exempt from the payment of
taxes, he is not required to pay his IBP and
professional dues
Q: Sonia, who is engaged in the lending
business, extended to Atty. Roberto a loan of
P50, 000.00 with interest of P25, 000.00 to be
paid not later than May 20, 2016. To secure the
loan, Atty. Roberto signed a promissory note
and issued a postdated check. Before the due
date, Atty. Roberto requested Sonia to defer the
deposit of the check. When Atty. Roberto still
failed to pay, Sonia deposited the check which
was dishonored. Atty. Roberto ignored the
notice of dishonor and refused to pay.
(b) the obligations, if any, under the Rules of
Court and the Code of Professional
Responsibility that Atty. Celis may have
violated. (2018 BAR)
A: (a) In accordance with Sections 9 and 10, Rule
139-A, Atty. Celis can engage in the practice of law
only by paying his IBP dues, and it does not matter
that his practice is “limited”. While it is true that
R.A. No. 7432, Sec. 4 grants senior citizen
exemption from the payment of individual income
taxes, provided that their annual taxable income
does not exceed the poverty level as determined by
the National Economic and Development Authority
(NEDA) for that year, the exemption does not
include payment of membership or association
dues, which is not a tax. (Santos, Jr. vs. Llamas, A.C.
No. 4749, 322 SCRA 529, January 20, 2000)
Did Roberto commit any violation of the
CPR? Explain.
b. Can he be held civilly liable to Sonia in an
administrative case for suspension or
disbarment? (2016 BAR)
a.
A:
a. Atty. Roberto committed a violation of Canon 1
Rule 1.01, Canon 7 and Rule 7.03 in issuing a
bouncing check. He should very well know that
the issuance of a bouncing check is an unlawful
act, a crime involving moral turpitude. (Co v.
Bernardino, A.C. No. 3919, January 28, 1998)
(b) Canon 7, Code of Professional Responsibility – A
lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the
activities of the integrated Bar.
Sec. 9, Rule 139–A, Rules of Court. “Every member of
the Integrated Bar shall pay such annual dues as the
Board of Governors shall determine with the
approval of the Supreme Court.”
b. NO. The sole issue in an administrative case is
the determination of whether or not a lawyer
is still fit to continue being a lawyer. The
Supreme Court will not order the return of
money which is not intimately related to a
lawyer-client relationship. (Wong v. Moya, A.C.
6972, October 17, 2008; Sps. Concepcion v. Atty.
De La Rosa, A.C. No. 10681, Feb. 3, 2015)
Sec. 10, Rule 139-A, Rules of Court – “Subject to the
provision of Section 12 of this Rule, default in the
payment of annual dues for six months shall
warrant suspension of members in the Integrated
Bar, and default in such payment for one year shall
be a ground for removal of the name of the
delinquent member from the Roll of Attorneys.”
Courtesy, fairness and
professional colleagues
candor
towards
Q: Atty. Kuripot was one of Town Bank's valued
clients. In recognition of his loyalty to the bank,
he was issued a gold credit card with a credit
limit of P250,000.00. After two months, Atty.
Kuripot exceeded his credit limit, and refused
to pay the monthly charges as they fell due.
Aside from a collection suit, Town Bank also
filed a disbarment case against Atty. Kuripot.
Q: After the pre-trial Atty. Hans Hilado, 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.
In his comment on the disbarment case, Atty.
Realizing that she was prejudiced, Doris Dy
Upholding the dignity and integrity of the
profession
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
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Legal and Judicial Ethics
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.
the Code of Professional Responsibility which
provide as follows:
“Canon 9. A lawyer shall not directly or indirectly
assist in the unauthorized practice of law.”
“Rule 9.01. A lawyer shall not delegate to any
unauthorized person the performance of any task
which by law may only be performed by a member
of the bar in good standing.”
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. (1995 BAR)
Q: Atty. B is a newly admitted member of the
Philippine Bar. As a means to manage his heavy
case load, Atty. B delegated the preparation and
signing of all motions for extension of time to
his secretary, Ms. D. On the signature page of
every motion, the following would appear:
A: 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.
"Ms. D for B Law Office"
X, one of Atty. B's clients expressed concern
over such practice. Atty. B reassured him that
the same is completely permissible as lawyers
are allowed to devise means to efficiently
manage their workload. Besides, Ms. D is acting
under his full knowledge and authority.
No assistance in unauthorized practice of law
Does the practice of Atty. B of having his
motions for extension of time signed by Ms. D
constitute any violation of the Code of
Professional Responsibility? Explain. (2019
BAR)
Q: You had just taken your oath as a lawyer. The
secretary to the president of a big university
offered to get you as the official notary public of
the school. She explained that a lot of students
lose their Identification Cards and are required
to secure an affidavit of loss before they can be
issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students
lose their Identification Cards every month.
However, the secretary wants you to give her
one-half of your earnings therefrom.Will you
agree to the arrangement? Explain. (2017, 2005
BAR)
A: YES, Atty. B’s practice of having his secretary
sign his motions for extensions of time constitutes
a violation of Rule 9.01 of Canon 9 of the Code of
Professional Responsibility. The Supreme Court
held that the preparation and signing of a pleading
constitute legal work involving the practice of law
and the same is reserved for members of the legal
profession.
Atty. B’s authority and duty to sign pleadings are
personal to him and he may not delegate the
signing of a pleading to a non-lawyer. By signing a
pleading, a counsel certifies that he has read the
same, that there is good ground to support it to the
best of his knowledge, information and belief, and
that it is not interposed for delay. Hence, it is the
counsel alone who can certify these matters and
give legal effect to the document. (Tapay and Rustia
v. Atty. Bancolo, A.C. No. 9604, March 20, 2013)
A: NO, I will not agree. Rule 9.02 of the Code of
Professional Responsibility provides that “a lawyer
shall not divide or stipulate to divide a fee for legal
service with persons not licensed to practice law".
The secretary, not being a lawyer, is not licensed to
practice law and not entitled to a share of the fees
for legal services rendered, particularly in
notarizing affidavits.
Q: Atty. Monica Santos-Cruz registered the firm
name “Santos-Cruz Law Office” with the
Department of Trade and Industry as a single
proprietorship. In her stationery, she printed
the names of her husband and a friend who are
both non-lawyers as her senior partners in light
of their investments in the firm. She allowed
her husband to give out calling cards bearing
his name as senior partner of the firm and to
appear in courts to move for postponements.
Did Atty. Santos-Cruz violate the Code of
Professional Responsibility? Why? (2010 BAR)
Q: Dr. Cielo is a well-known medical doctor
specializing in cosmetic surgery. Dr. Cielo,
together with a team of doctors, performed a
surgical buttocks enhancement procedure in
her clinic on Ms. Cossette Concio (Concio).
Unfortunately, after a couple of years, the
implant introduced during the enhancement
procedure caused infection and Concio became
seriously ill.
Concio filed a criminal action for medical
malpractice against Dr. Cielo which was
eventually dismissed for failure to prove that
Dr. Cielo was negligent. Concio was represented
in this action by Atty. Cogie Ciguerra (Ciguerra).
After they lost the medical malpractice case,
Ciguerra started writing a series of posts on his
Facebook (FB) account containing insulting and
A: YES, she did. In the case of Cambaliza v.
Cristobal-Tenorio (434 SCRA 288 [2004]), which
involves the same facts, the Supreme Court held
that a lawyer who allows a non-member of the Bar
to misrepresent himself as a lawyer and to practice
law, is guilty of violating Canon 9 and Rule 9.01 of
12
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verbally abusive language against Dr. Cielo.
Among others, Ciguerra called Dr. Cielo a quack
doctor, “reyna ng kaplastikan at kapalpakan”,
and accused her of maintaining a payola or
extra-legal budget to pay off prosecutors and
judges in order to win her cases. He also called
on patients to boycott the clinic of Dr. Cielo.
lawyer owes candor, fairness and good faith to the
court. Rule 10.02 of the Code of Professional
Conduct expressly provides that a lawyer shall not
knowingly misquote or misrepresent the contents
of a paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
has been proved. To cite an argument of one of the
parties as a ratio decidendiof a Supreme Court
decision shows, at least, lack of diligence on the part
of Atty. A. (Commission on Election v. Noynay, 292
SCRA 254)
Dr. Cielo filed a disbarment case against
Ciguerra for posting on his FB account, sexist,
vulgar, and obscene comments, and language
disrespectful of women in his FB posts.
Ciguerra’s defense is that his FB posts were
private remarks on his private FB account and
only meant to be shared among his FB friends,
and Dr. Cielo was not part of them. He also
claimed that the disbarment case was filed in
violation of his constitutionally-guaranteed
right to privacy. The Court, however, found that
Ciguerra’s FB account did not have privacy
settings.
Q: Atty. Billy, a young associate in a mediumsized law firm, was in a rush to meet the
deadline for filing his appellant’s brief. He used
the internet for legal research by typing
keywords on his favorite search engine, which
led him to many websites containing text of
Philippine jurisprudence. None of these sites
was owned or maintained by the Supreme
Court. He found a case believed to be directly
applicable to his client’s cause, so he copied the
text of the decision from the blog of another law
firm, and pasted the text to the document he
was working on. The formatting of the text he
had copied was lost when he pasted it to the
document, and he could not distinguish
anymore, which portions were the actual
findings or rulings of the Supreme Court, and
which were quoted portions from the other
sources that were used in the body of the
decision. Since his deadline was fast
approaching, he decided to just make it appear
as if every word he quoted was part of the ruling
of the Court, thinking that it would not be
discovered.
Can Ciguerra be disbarred for the series of posts
in his FB account against Dr. Cielo? (2018 BAR)
A: YES. The Supreme Court, first of all debunked the
respondent lawyer’s defense of privacy by pointing
out that he failed to prove that he used the privacy
tools of Facebook to limit his messages to his
“friend”. Even if he did so there is no guarantee that
his friends will not pass on his messages to their
friends.
With regard to the defense of freedom of speech,
the Supreme Court ruled:
“Time and again, it has been held that the freedom
of speech and of expression, like all constitutional
freedoms, is not absolute. While the freedom of
expression and the right of speech and of the press
are among the most zealously protected rights in
the Constitution, every person exercising them, as
the Civil Code stresses, is obliged to act with justice,
give everyone his due, and observe honesty and
good faith. As such, the constitutional right of
freedom of expression may not be availed of to
broadcast lies, half-truths, insult others, destroy
their names, reputation of bringing them into
disrepute.” (Ma. Victoria G. Belo-Henares v. Atty.
Roberto “Argee” C. Guevarra, A.C. No. 1394,
December 1, 2016)
Atty. Billy’s opponent, Atty. Ally, a very
conscientious former editor of her school’s law
journal, noticed many discrepancies in Atty.
Billy’s supposed quotations from the Supreme
Court decision when she read the text of the
case from her copy of the Philippine Reports.
Atty. Billy failed to reproduce the punctuation
marks and font sizes used by the Court. Worse,
he quoted the arguments of one party as
presented in the case, which arguments
happened to be favorable to his position, and
not the ruling or reasoning of the Court, but this
distinction was not apparent in his brief.
Appalled, she filed a complaint against him.
TO THE COURTS
Candor, fairness and good faith towards the
courts
Did Atty. Billy fail in his duty as a lawyer?
What rules did he violate, if any?
b. How should lawyer quote a Supreme Court
decision? (2015, 1994 BAR)
a.
Q: In a pending labor case, Atty. A filed a
Position Paper on behalf of his client, citing a
Supreme Court case and quoting a portion of
the decision therein which he stated reflected
the ratio decidendi. However, what he quoted
was not actually the Supreme Court ruling but
the argument of one of the parties to the case.
May Atty. A be faulted administratively?
Explain. (2000 BAR)
A:
a. Atty. Billy has violated Canon 10, Rules 10.01
and 10.02 of the Code of Professional
Responsibility (CPR) which provide as follows:
CANON 10. A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE COURT.
A: YES. Hhe may be faulted administratively. A
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
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Legal and Judicial Ethics
must conduct themselves with great propriety
and their behavior must be beyond reproach
anywhere and at all times, whether they are
dealing with their clients or the public at large.
Any errant behavior on the part of a lawyer
and/or a judge, whether in their public or
private activities, which tends to show said
lawyer or judge deficient in moral character,
honesty, probity or good demeanor, is sufficient
to warrant suspension or disbarment. (Re:
Republic v. Sereno, A.M. No. 18-06-01-SC, July 17,
2018)
Rule 10.01. A lawyer shall not do any falsehood,
nor consent to the doing of any in court; nor
shall he mislead or allow the Court to be misled
by any artifice.
Rule 10.02. A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of the
opposing counsel, or the text of a decision or
authority, or knowingly cite a law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has
not been proved.
Q: Atty. Luna Tek maintains an account in the
social media network called Twitter and has
1,000 followers there, including fellow lawyers
and some clients. Her Twitter account is public
so even her non-followers could see and read
her posts, which are called tweets. She
oftentimes takes to Twitter to vent about her
daily sources of stress like traffic or to comment
about current events.
b. They should be verbatim reproductions of the
Supreme Court’s decisions, down to the last
word and punctuation mark. (Insular Life
Assurance Co., Ltd., Employees Association v.
Insular Life Assurance Co., Ltd., G.R. No. L-25291,
January 30, 1971, 37 SCRA 244)
Respect for the courts and judicial officers
She also tweets her disagreement and disgust
with the decisions of the Supreme Court by
insulting and blatantly cursing the individual
Justices and the Court as an institution.
Q: Pending resolution of a high-profile case
against him, Justice K uttered, in a public forum
hosted by a local Integrated Bar of the
Philippines chapter, his comments on the
perceived bias of the court against him, as well
as on the issues raised by the complainants, his
defenses, and the commentaries published by
some local newsmen in relation to the case.
This is only one instance of his many
appearances in different gatherings of such
nature in order to defend his public image.
a.
Does Atty. Luna Tek act in a manner
consistent with the Code of Professional
Responsibility? Explain the reasons for
your answer.
b. Describe the relationship between a
lawyer and the courts. (2015 BAR)
A:
(a) Did Justice K, in his capacity as a lawyer,
commit any violation of the Code of
Professional Responsibility? If so, what rule did
Justice K violate? Explain.
(b) Arguing that he should be treated as any
other ordinary litigant in the said case, may
Justice K validly claim that his comments were
made in a purely private capacity and hence,
not subject to administrative sanction? Explain.
(2019 BAR)
a.
Atty. Luna did not act in a manner consistent
with the Code of Professional Responsibility
(CPR). Canon 11 of the Code provides that “a
lawyer shall observe and maintain the
respect due to the courts and to judicial
officers and should insist on similar conduct
with others.” As an officer of the court, a
lawyer should set the example in
maintaining a respectful attitude towards
the court. Moreover, he should abstain from
offensive language in criticizing the courts.
Atty. Luna Tek violated this rule in insulting
and blatantly cursing the individual Justices
and the Supreme Court in her tweets.
Lawyers are expected to carry their ethical
responsibilities with them in cyberspace.
(Lorenzana v. Judge Ma. Cecilia L. Austria,
A.M. No. RTJ-09-2200, April 2, 2014)
b.
A lawyer is an officer of the court. As such, he
is much a part of the machinery of justice as
a judge is. The judge depends on the lawyer
for the proper performance of his judicial
duties. Thus, Canon 10 enjoins a lawyer to be
candid with the courts; Canon 11 requires
him to show respect to judicial officers; and
Canon 12 urges him to exert every effort and
consider it his duty to assist in the speedy
and efficient administration of justice.
A:
a.
b.
YES. Justice K violated Canon 13, Rule 13.02
and Canon 11 of the Code of Professional
Responsibility. His public statements tend to
influence the public and the Members of the
Court, and to attack the dignity and authority of
the institution. By raising comments on the
perceived bias of the court against him, his
statements went beyond the supposed
arguments and contentions contained in his
and the complainant’s pleadings. His public
utterances do not only tend to arouse public
opinion on the matter but such speeches and
interviews given by Justice K in different
forums indisputably tend to tarnish the Court's
integrity and unfairly attribute false motives
against its Members. (Re: Republic v. Sereno,
A.M. No. 18-06-01-SC, July 17, 2018)
NO. Justice K may not validly claim that his
comments are not subject to administrative
sanction because they were made in a purely
private capacity as a party-litigant. Lawyers
Q: Cacai, a law student, filed an administrative
complaint against RTC Judge Casimiro Conde,
her professor in law school, based on the
following allegations:
14
QuAMTO (1987-2019)
(a) In a school convocation where Judge Conde was
the guest speaker, Judge Conde openly disagreed
and criticized a recently-decided Supreme Court
decision and even stressed that the decision of the
Supreme Court in that case was a serious violation
of the Constitution.
brother as a drug addict (in his class discussion).
While the Code of Judicial Conduct recognizes the
right of judges to freedom of expression, this
freedom should be exercised in a manner that
would preserve the dignity, independence and
respect for himself and judiciary as a whole. A
magistrate should not descend to the level of a
sharp-tongued, ill-mannered petty tyrant by
uttering harsh words, snide remarks and sarcastic
comments.
(b) In his class discussions, Judge Conde named
Cacai’s mother, an MTC judge, as one of the judges
involved in a marriage scam. At that time, the case
against her mother was still pending. Judge Conde
also included in his class discussion Cacai’s
brother whom he referred to as a “court-noted
drug addict.”
Judge Conde can be held administratively liable
even though his improper comments were made in
his class discussions because ethical conduct is
expected of him as a judge not only in the
performance of his judicial duties, but in his
professional and private activities as well. A judge,
in order to promote public confidence in the
integrity and impartiality of the judiciary, must
behave with propriety at all times. A judge’s official
life cannot be detached or separated from his
personal existence. Judge Conde also violated the
subjudice rule which restricts comments and
disclosures pertaining to judicial proceedings in
order to avoid obstructing the administration of
justice. At the time Judge Conde discussed the
marriage scam, the case was still pending. (Tormis
v Paredes, A.M. No. RTJ-13- 2366, February 4, 2015)
Cacai asserted that the acts of Judge Conde were
open displays of insensitivity, impropriety, and
lack of delicadeza bordering on oppressive and
abusive conduct. She also alleged that Judge Conde
acted with absolute disrespect for the Court and
violated the “subjudice rule” when he discussed
the marriage scam involving her mother because,
at that time, the case was still pending.
In his defense, Judge Conde argued that the case he
discussed in the school convocation was already of
public knowledge and had been published after it
had become final. He also said it was part of his
academic freedom to openly discuss and criticize a
decision of the Court since it was already decided
with finality, was patently erroneous, and clearly a
violation of the Constitution. With respect to
discussions in class about Cacai’s mother, he said
that the marriage scam where her mother was
charged scandalized the Judiciary and became
public knowledge when the Office of the Court
Administrator held a press conference on the
matter and, that as a citizen, he could comment
thereon in the exercise of his rights to freedom of
speech and expression. He also asserted that his
discussions in both fora could not be the subject of
an administrative complaint because they were
not done in the performance of his judicial duties.
Q: Atty. Y, in his Motion for Reconsideration of
the Decision rendered by the National Labor
Relations Commission (NLRC), alleged that
there was connivance of the NLRC
Commissioners with Atty. X for monetary
considerations in arriving at the questioned
Decision. He insulted the Commissioners for
their ineptness in appreciating the facts as
borne by the evidence presented.
Atty. X files an administrative complaint
against Atty. Y for using abusive language.
Atty. Y posits that as lawyer for the downtrodden laborers, he is entitled to express his
righteous anger against the Commissioners for
having cheated them; that his allegations in the
Motion for Reconsideration are absolutely
privileged; and that proscription against the
use of abusive language does not cover
pleadings filed with the NLRC, as it is not a
court, nor are any of its Commissioners Justice
or Judges.
Rule on each of the charges raised by Cacai, and the
corresponding defenses raised by Judge Conde.
(2018 BAR)
A:
(a) The New Code of Judicial Conduct provides that
judges, like any other citizens, are entitled to freedom
of expressions, belief, association and assembly, but in
exercising such right, they shall always conduct
themselves in such a manner as to preserve the dignity
of the judicial office and the impartiality of the
judiciary. Judge Conde, however, should not have
criticized in public the Supreme Court decision as a
serious violation of the Constitution. He should have
avoided any discussion in order to preserve the
traditional non-involvement of the judiciary in public
discussion of controversial issues. (In re: Query of the
MTC Lawyers of Zamboanga del Norte, A.M. No. 86-113690)
Is Atty. Y administratively liable under the Code
of Professional Responsibility? Explain. (2010
BAR)
A: Atty. Y “has clearly violated Canons 8 and 11 of
the Code of Professional Responsibility and is
administratively liable. A lawyer shall not in his
professional dealings, use language which is
abusive, offense or otherwise improper” (Rule 8.01,
CPR). A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before
the courts (Rule 11.03, CPR).
(b) Judge Conde is guilty of conduct unbecoming of
a judge in using intemperate language and
unnecessary comments tending to project Cacai’s
mother as a corrupt and ignorant judge and her
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
In the case of Johnny Ng v. Atty. Benjamin C. Alar
(507 SCRA 465 [2006]), which involves the same
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Legal and Judicial Ethics
facts, the Supreme Court held that the argument
that the NLRC is not a court, is unavailing. The
lawyers remains a member of the Bar, an “oathbound servant of the law, whose first duty is not to
his client but to the administration of justice and
whose conduct ought to be and must be
scrupulously observant of the law and ethics.”
litigants and witnesses, but also to the public in
general, which necessarily includes the media, in
order to avoid prejudging the issue, influencing the
court, or obstructing the administration of justice.
A violation of this rule may render one liable for
indirect contempt under Sec. 3(d), Rule 71 of the
Rules of Court. The specific rationale for the sub
judice rule is that courts, in the decision of issues of
fact and law should be immune from every
extraneous influence; those facts should be decided
upon evidence produced in court; and that the
determination of such facts should be uninfluenced
by bias, prejudice or sympathies. (Marantan v.
Diokno, 716 SCRA 164, Feb. 12, 2014) After a case is
decided, however, the decision is open to criticism,
subject only to the condition that all such criticism
shall be bona fide, and shall not spill over the walls
of decency and propriety.
The Supreme Court also held that the argument
that labor practitioners are entitled to some
latitude of righteous anger is unavailing. It does not
deter the Court from exercising its supervisory
authority over lawyers who misbehave or fail to
live up to that standard expected of them as
members of the bar.
Q: Mercado publicly criticized the Supreme
Court for having rendered what he called an
unjust judgment, even as he ridiculed the
members of the Court by direct insults and
vituperative innuendoes. Asked to explain why
he should not be punished for his clearly
contemptuous statements; Atty. Mercado sets
up the defense that his statements were uttered
after the litigation had been finally terminated
and that he is entitled to criticize Judicial
actuations. Is Atty. Mercado's contention
tenable? Explain. (1993 BAR)
A wide chasm exists between fair criticism, on the
one hand, and abuse and slander of courts and the
judges thereof, on the other. Intemperate and
unfair criticism is a gross violation of the duty of
respect to courts. It is such a misconduct that
subjects a lawyer to disciplinary action (In Re
Almace, G.R. L-27654, February 18, 1970).
In this case, the published comment of Atty. Harold
was made after the decision of the Supreme Court
was rendered, but the same was not yet final. The
case was still pending. Hence, the publication of
such comment was inappropriate, and Atty. Harold
may be penalized for indirect contempt of court.
A: Atty. Mercado’s contention is not tenable. While
he is free to criticize the decision itself, he is not at
liberty to call said judgment an unjust judgment
and to ridicule the members of the court. It is one
thing to analyze and criticize the decision itself,
which is proper, and it is another thing to ridicule
the members of the court, which is wrong. The right
of a lawyer to comment on or criticize the decision
of a judge or his actuations is not unlimited. It is the
cardinal condition of all such criticism that it shall
be bona fide, and shall not spill over the walls of
decency and propriety. A wide chasm exists
between fair criticism, on the one hand, and abuse
and slander of courts and judges on the other. A
publication in or outside the court tending to
impede, obstruct, embarrass or influence the
courts in administering Justice in a pending suit, or
to degrade the courts, destroy public confidence in
them or bring them in any way into disrepute,
whether or not there is a pending litigation,
transcends the limits of fair comment. Such
publication or intemperate and unfair criticism is a
gross violation of the lawyer’s duty to respect the
courts. It is a misconduct that subjects him to
disciplinary action.
ALTERNATIVE ANSWER:
Although the comment of Atty. Harold was made
while the case was technically pending, it was made
after a decision was rendered, and the comment
made is within the grounds of decency and
propriety. Hence, the lawyer does not deserve
punishment for the same.
Assistance in the speedy
administration of justice
and
efficient
Q: The Supreme Court issued a resolution in a
case pending before it, requiring the petitioner
to file, within ten (10) days from notice, a reply
to the respondent's comment. Attorney A,
representing the petitioner, failed to file the
reply despite the lapse of thirty (30) days from
receipt of the Court’s resolution. The Supreme
Court dismissed the petition for noncompliance with its resolution.
Q: Atty. Harold wrote in the Philippine Star his
view that the decision of the Supreme Court in a
big land case is incorrect and should be reexamined. The decision is not yet final. Atty.
Alfonso, the counsel for the winning party in
that case, filed a complaint for disbarment
against Atty. Harold for violation of sub judice
rule and Canon 11 of the CPR that a lawyer shall
observe and maintain respect due to the courts.
Explain the sub judice rule and rule on the
disbarment case. (2016 BAR)
Attorney
A
timely
moved
for
the
reconsideration of the dismissal of the petition,
claiming that his secretary, who was quite new
in the office, failed to remind him of the
deadline within which to file a reply. Resolve
Attorney A's motion. (2003 BAR)
A: Attorney A’s motion is not meritorious. He has
violated Rule 12.03 of the Code of Professional
Responsibility which provides that “a lawyer shall
not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an
explanation for his failure to do so”. His claim that
it was the fault of his secretary is not sufficient. He
A: The sub judice rule restricts comments and
disclosures pertaining to pending judicial
proceedings, not only by participants in the
pending case, members of the bar and bench,
16
QuAMTO (1987-2019)
cannot take refuge behind the inefficiency of his
secretary because the latter is not a guardian of the
lawyer’s responsibilities (Nidua v. Lazaro, 174 SCRA
581, 1989)
Judge Patron for having allowed himself to be used
as a “bridge” by Atty. Hermano, his fraternity
“brod”, to meet with Judge Apestado exhibited
judicial misconduct in the following manner:
Judges shall refrain from influencing in any manner
the outcome of litigation or dispute pending before
another court (Ibid., Canon 1, Sec. 3). Furthermore,
in allowing Atty. Hermano to take advantage of his
fraternity bond, Judge Patron allowed the prestige
of judicial office to advance the private interests of
others, conveyed or permitted hos fraternity “brod”
to convey the impression that he is in a special
position to influence the judge (Ibid., Canon 1, Sec 4,
2nd sentence)
Reliance on merits of his cause and avoidance of
any impropriety which tends to influence or
gives the appearance of influence upon the
courts
Q: Atty. Hermano requested his fraternity
brother, Judge Patron, to introduce him to Judge
Apestado, before whom he has a case that had
been pending for some time.
Judge Patron, a close friend of Judge Apestado,
acceded to the request, telling the latter that
Atty. Hermano is his fraternity “brod” and that
Atty. Hermano simply wanted to ask for advice
on how to expedite the resolution of his case.
They met, as arranged, in the fine dining
restaurant of a five-star hotel. Atty. Hermano
hosted the dinner.
The specific violations of Judge Apestado were
committed when he allowed himself to be
convinced by Judge Patron to have the dinner
meeting with Atty. Hermano to discuss how the
case may be expedited. In performing judicial
duties, judges shall be independent form judicial
colleagues in respect of decisions which the judge
is obliged to make independently (Ibid., Canon 1,
Sec. 2). Finally, in having dinner meeting with Atty.
Hermano who has a pending case with his sala,
Judge Apestado has exhibited an appearance of
impropriety in his activities. (Ibid., Canon 4, Sec 1)
Did Atty. Hermano, Judge Patron and Judge
Apestado commit any ethical/administrative
violation for which they can be held liable?
(2013 BAR)
Q: Atty. J requested Judge K to be a principal
sponsor at the wedding of his son. Atty. J met
Judge K a month before during the IBPsponsored reception to welcome Judge K into
the community, and having learned that Judge K
takes his breakfast at a coffee shop near his
(Judge K's) boarding house, Atty. J made it a
point to be at the coffee shop at about the time
that Judge K takes his breakfast. Comment on
Atty. J's acts. Do they violate the Code of
Professional Responsibility? (2000 BAR)
A: YES, the three (3) of them committed
ethical/administrative violations for which they
can be held liable. For hosting the dinner, Atty.
Hermano acted in contravention of ethical
standards. A lawyer should refrain from any
impropriety which tends to influence or give the
appearance of influencing the court (Code of
Professional Responsibility, Canon 13, Rule 13.01). A
lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating
familiarity with Judges (Ibid, Canon 13, Rule 13.01).
Marked attention and unusual hospitality on the
part of a lawyer to a judge, uncalled for by the
personal relations on the parties, subject both the
judge and the lawyer to misconstruction of motive
and should be avoided (Canons of Professional
Ethics, canon 3, 2nd par., 1st sentence). Even if the
purpose of the meeting was merely to “ask advice
on how to expedite the resolution of his case,” Atty.
Hermano still acted outside of the bounds of ethical
conduct. This is so because a lawyer deserves
rebuke and denunciation for any device or attempt
to gain from a judge a special personal
consideration or favor (Ibid., Canon 3, 2nd par., 2nd
sentence).
A: YES, his actions violate the Code of Professional
Responsibility. Canon 13 of the said Code provides
that a lawyer shall rely upon the merits of his cause
and refrain from any impropriety which tends to
influence, or gives the appearance of influencing
the court. Rule 13.01 of the same Code provides
that a lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity
for, cultivating familiarity with Judges. Atty. J
obviously sought opportunity for cultivating
familiarity with Judge K by being at the coffee shop
where the latter takes his breakfast, and is
extending extraordinary attention to the judge by
inviting him to be a principal sponsor at the
wedding of his son.
Both judge patron and Judge Apestado may be held
liable for having the dinner meeting with Atty.
Hermano. Judges shall ensure that not only is their
conduct above reproach, but that it is perceived to
be so in the view of a reasonable observer (New
Code of Conduct for the Philippine Judiciary, Canon 2,
Sec.1)
Q: After a study of the records and deciding that
plaintiff was entitled to a favorable judgment,
Judge Reyes requested Atty. Sta. Ana, counsel
for the plaintiff, to prepare the draft of the
decision. Judge Reyes then reviewed the draft
prepared by Atty. Sta. Ana and adopted it as his
decision for plaintiff. Judge Reyes saw nothing
unethical in this procedure as he would ask the
other party to do the same if it were the
prevailing party.
Judges shall avoid impropriety and the appearance
of impropriety in all of their activities (Ibid., Canon
4, Sec. 1). Their having dinner with Atty. Hermano,
a practicing lawyer, could be construed as
appearance of impropriety.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
Please comment on whether Judge Reyes'
17
UST
BAR OPERATIONS
Legal and Judicial Ethics
approach to decision-writing is ethical and
proper. (1994 BAR)
grace the parties of Rico, are they violating
the Code of Judicial Conduct? Explain.
(2010 BAR)
A: This procedure of Judge Reyes is unethical
because the judge is duty bound to study the case
himself; he must personally and directly prepare
his decisions and not delegate it to another person
especially a lawyer in the case (Section 1. Rule 36,
Rules of Court)
A:
a.
ALTERNATIVE ANSWER:
In the case of Lantoria vs. Bunyi, 209 SCRA 528, a
lawyer was suspended for preparing drafts of
decisions for a judge. The Supreme Court held that
this violated Canon No. 13 and Rule 13.01 of the
Code of Professional Responsibility which provide
that:
“CANON 13. – A lawyer shall rely upon the merits
of his case and refrain from any impropriety which
tends to influence, or gives the appearance of
influencing the court."
“Rule 13.01 – A lawyer should not extend
extraordinary attention or hospitality to nor seek
opportunity for cultivating familiarity with the
judge."
b.
Conversely, therefore, a judge should not ask
lawyers of parties to a case before him to draft his
decisions. “A judge should so behave at all times as
to promote public confidence in the integrity and
impartiality of the judiciary." (Rule 2.01, Code of
Judicial Conduct)
Q: Atty. A is offered professional engagement to
appear before Judge B who is A’s relative,
compadre and former office colleague. Is A
ethically compelled to refuse the engagement?
Why? (2001 BAR)
YES. A lawyer shall not extend extraordinary
attention or hospitality to, nor seek
opportunity for cultivating familiarity with
judges (Code of Professional Responsibility,
Rule 13.01). Moreover, he should refrain from
any impropriety which gives the appearance of
influencing the court (CPR, Canon 13). In
regularly playing golf with judges, Atty. Rico
will certainly raise the suspicion that they
discuss cases during the game, although they
actually do not. However, if Rico is known to be
a non-practicing lawyer, there is not much of
an ethical problem.
Members of the bench who grace the parties of
Atty. Rico would be guilty of violating Sec. 3,
Canon 4 of the New Code of Judicial Conduct for
the Philippine Judiciary which provides that
“judges shall, in their personal relations with
individual members of the legal profession
who practice regularly in their court, avoid
situations which might reasonably give rise to
the suspicion or appearance of favoritism or
partiality”. It has been held that “if a judge is
seen eating and drinking in public places with
a lawyer who has cases pending in his or her
sala, public suspicion may be aroused, thus
tending to erode the trust of litigants in the
impartiality of the judge” (Padilla v. Zantua,
237 SCRA 670). But if Atty. Rico is not a
practicing lawyer, such suspicion may not be
aroused.TO THE CLIENTS
TO THE CLIENTS
AVAILABILITY OF SERVICE WITHOUT
DISCRIMINATION
A: There is no ethical constraint against a lawyer
appearing before a judge who is a relative,
compadre or former office colleague as long as the
lawyer avoids giving the impression that he can
influence the judge. On the other hand, the judge is
required by the Code of Judicial Conduct not to take
part in any proceeding where his impartiality may
be reasonably questioned (Code of Judicial Conduct,
Rule 3.12). Among the grounds for mandatory
disqualification of the judge is if any of the lawyers
is a relative by consanguinity or affinity within the
fourth degree.
Services regardless of a person’s status
Q: M was criminally charged with violation of a
special law. He tried to engage the service of
Atty. N. Atty. N believed, however, that M is
guilty on account of which he declined. Would
it be ethical for Atty. N to decline? Explain.
(2000, 1996 BAR)
A: It would not be ethical for Atty. N to decline. Rule
14.01 of the Code of Professional Responsibility
provides that a lawyer shall not decline to
represent a person solely on account of the latter’s
race, sex, creed or status of life, or because of his
own opinion regarding the guilt of said person. It is
for the judge, not the lawyer, to decide the guilt of
the accused, who is presumed to be innocent until
his guilt is proved beyond reasonable doubt by
procedure recognized by law.
Q: Rico, an amiable, sociable lawyer, owns a
share in Marina Golf Club, easily one of the
more posh golf courses. He relishes hosting
parties for government officials and members
of the bench.
One day, he had a chance meeting with a judge
in the Intramuros golf course. The two readily
got along well and had since been regularly
playing golf together at the Marina Golf Club.
Q: Atty. DD’s services were engaged by Mr. BB
as defense counsel in a lawsuit. In the course of
the proceedings, Atty. DD discovered that Mr.
BB was an agnostic and a homosexual. By
reason thereof, Atty. DD filed a motion to
withdraw as counsel without Mr. BB’s express
consent. Is Atty. DD’s motion legally tenable?
Reason briefly. (2004 BAR)
If Atty. Rico does not discuss cases with
members of the bench during parties and
golf games, is he violating the Code of
Professional Responsibility? Explain.
b. How about the members of the bench who
a.
18
QuAMTO (1987-2019)
A: NO. Atty. DD’s motion is not legally tenable. He
has no valid cause to terminate his services. His
client, Mr. BB, being an agnostic and homosexual,
should not be deprived of his counsel’s
representation solely for that reason. A lawyer
shall not decline to represent a person solely on
account of the latter’s race, sex, creed or status of
life or because of his own opinion regarding the
guilt of said person (Code of Professional
Responsibility, Canon 14, Rule 14.01)
A: A counsel de oficio is a lawyer appointed by the
court to defend an indigent defendant in a criminal
case. The lawyer designated as counsel de officio
cannot charge the indigent litigant for his
professional services. In a sense, there is no
contract for legal services between him and the
defendant. In the absence of an express or implied
contract, there is no obligation to compensate.
Suing his client for attorney’s fees might also
involve a violation of the confidential nature of a
lawyer-client relationship.
Services as counsel de officio
Q: May a lawyer decline an appointment by the
court as counsel de oficio for an accused
because he believes, and is fully convinced that
the accused is guilty of the crime charged?
(1991 BAR)
Q: Atty. Vidal, a semi-retired Metro Manila law
practitioner, has a cattle ranch in the remote
municipality of Caranglan, Neuva Ecija. He
attends to his law office in Manila on Mondays,
Tuesdays and Wednesdays, and spends the
rest of the week in his cattle ranch riding
horses and castrating bulls. In a criminal case
pending before the Municipal Trial Court of
Caranglan, the only other licensed member of
the Bar is representing the private
complainant. The accused is a detention
prisoner. The judge wants to expedite
proceedings.
A: A lawyer may not decline an appointment as counsel
de oficio even if he is convinced that the accused is
guilty. It is his obligation to at least protect his rights.
He might even have him acquitted or at least reduce his
penalty depending on the evidence presented during
the trial.
Q: In a homicide case, Atty. M was appointed by the
Court as counsel de oficio for F, the accused. After
trial, F was acquitted. Atty. M sent F a bill for
attorney’s fees.
a.
a. Can F be compelled to pay? Explain.
b. Can F employ a counsel de parte to collaborate
with Atty. M, his counsel de oficio? Explain.
(1996 BAR)
What must the judge do to expedite
proceedings?
b. If Attorney Vidal is appointed to act as
counsel de oficio for the accused, could he
refuse by saying that in the province, he
does not want to do anything except ride
horses and castrate bulls? Explain. (1993
BAR)
A:
a. NO., F may not be compelled to pay attorney’s fees.
A counsel de officio is a lawyer appointed to render
professional services in favor of an indigent client.
In the absence of a law allowing compensation, he
cannot charge the indigent litigant for his
professional services. One of the obligations which
the lawyer assumed when he took his oath as a
lawyer is to render free legal services when
required by the law to do so. The Rules of Court
provides a token compensation for an attorney de
officio to be paid by the state.
b. He may do so, but if he can afford to employ a
counsel de parte, then he is no longer indigent and
will not need a counsel de officio. The latter can
withdraw as his counsel if he chooses to.
A:
a. The judge may appoint Atty. Vidal as counsel
de oficio in order to expedite the proceedings.
This is especially because the accused is a
detention prisoner who is presumed to be
indigent and cannot retain a paid counsel.
a. Atty. Vidal cannot validly refuse the
appointment as counsel de oficio. While it is
true that he stays in the province to rest
during the latter part of the week as lawyer he
must comply with his oath to assist in the
administration of justice. Precisely one of the
objectives of the Integrated Bar is to compel
all lawyers in the active practice of law to
comply with their obligation to assist the
courts in the administration of justice.
Q: Atty. Aguirre, as counsel de oficio for Boy
Batongbakal, was able to win an acquittal for
Boy who was charged with robbery in band. A
year later, Atty. Aguirre discovered that Boy in
fact had a lot of money which he had been
bragging was part of the loot in the crime for
which he was acquitted. Knowing that Boy
could no longer be prosecuted on the ground of
double jeopardy, Atty. Aguirre sent him a bill
for his services as his counsel de oficio.
Attorney’s Fees
Q: Carina was dismissed by her employer for
breach of trust and confidence, and for willful
violation of company rules and policies. She
filed an action for illegal dismissal claiming that
her termination was without legal basis. The
Labor Arbiter found that she was illegally
dismissed and awarded her the amount of Php
80 million. On appeal to the National Labor
Relations Commission (NLRC), the award was
reduced to PhP 40 million as separation pay,
plus PhP 5 million for the value of her stock
option plans which would have vested if she
were not illegally dismissed from her job.
Please give your reasoned comments on the ethical
considerations involved, if any, in the above case.
(1994 BAR)
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
19
UST
BAR OPERATIONS
Legal and Judicial Ethics
Unsatisfied with the NLRC’s decision, she
appealed to the Court of Appeals (CA) the
amount of monetary award granted by the
NLRC. She engaged the services of Casal, Casos
and Associates to handle her appeal. Her
retainer agreement with Casal, Casos and
Associates provided for contingent fees
equivalent to 10% of her claim for separation
pay and 10% of the value of stock options to be
awarded to her.
(d) May Carina’s employer, defendant in this
case, be held solidarily liable with Carina for the
payment of the attorneys’ fees of Carina’s
lawyers?
(e) May the intervenors collect legal interest in
addition to their attorneys’ fees? (2018 BAR)
A:
(a) YES. Rule 20.01 (h) of the Code of Professional
Responsibility provides the contingency or
certainty of compensation as one of the factors in
determining fair and reasonable fees. A contingent
fee is intended to enable a poor person to avail of
the services of a lawyer to protect his rights or
redress his grievances.
The CA decision was not favorable to Carina, so
she appealed the same to the Supreme Court
(the Court). While the case was pending appeal
with the Court, Carina entered into a
compromise agreement with her employer to
terminate the case upon payment to her of the
full amount of PhP 40 million, less the PhP 15
million previously paid to her by her employer.
Before the compromise agreement was
finalized, Carina terminated the services of
Casal, Casos and Associates and asked them to
withdraw from the case pending before the
Court. The parties negotiated the compromise
agreement without the participation of their
lawyers since the employer imposed the
condition that no lawyers should be involved in
the compromise negotiation. She, together with
her employer, then filed the Compromise
Agreement for approval by the Court, and
sought the termination of the case, with
prejudice.
(b) YES. A lawyer is as much entitled to the judicial
protection against injustice, imposition or fraud on
the part of the client, as the client against abuse on
the part of his counsel. Rule 16.03 of the Code of
Professional Responsibility permits the registration
of a lien although the lawyer concerned does not
finish the case successfully in favor of his client,
because “a lawyer who quits or is dismissed before
the completion of his task is as much entitled to
protection of the rule.” (Palanca vs. Pecson, G.R. Nos.
L-6334 and L-6346, February 25, 1954) He may
enforce his right to his fees by a separate action or
intervention in the same case he handled. The latter
recourse is the better practice since the judge is
already conversant with the nature and extent of
his services.
Casal, Casos and Associates filed a motion to
intervene in the case pending with the Court,
praying that Carina be ordered to pay them PhP
4 million, representing 10% of the amount
received by Carina from her employer in
settlement of the case, plus 6% legal interest
from the date of filing of the motion for
intervention, until fully paid. The intervenors
claimed that they were dismissed without
justifiable cause prior to the signing of the
compromise agreement for the reason that
Carina, their client, wanted to evade payment of
their legal fees. Carina claimed they were
dismissed because Attys. Casal and Casos, who
personally handled her case, had resigned from
the law firm to join the government, and
because of the negligence and failure of her
lawyers to attend to her case.
(c) When a client engages a law firm to represent
him, his contract is with a law firm and not with the
individual lawyers. The resignation, illness or
inability of some of their lawyers will not affect the
ability of the law firm to continue its services.
Certainly, it cannot be used to evade payment of
attorneys’ fees due to the law firm.
(d) If the evidence shows that the employer of
Carina imposed the “no lawyers in the negotiation
of the compromise agreement rule’ because of
connivance in evading payment of Carina’s lawyers,
then the defendant employer should be held
solidarily liable in the payment of attorneys’ fees to
Carina’s lawyers. When the other party to the case
is also guilty of fraud in the payment of legal fees,
he becomes a joint tortfeasor and should be held
solidarily liable with Carina. By participating in the
fraud, Carina’s employer also becomes liable even
if Casals, Casos and Associates was hired only to
represent Carina. (Malvar v. Kraft Foods, G.R. No.
183952, September 8, 2013)
In reply, the intervenors said that the
engagement was with the law firm and not with
individual lawyers. The law firm also presented
letters signed by their client commending them
for work done well in the case.
(a) May lawyers legally charge their clients
based on contingent fees?
(e) Legal interest cannot be imposed on attorney’s
fees. This is because even if parties are free to
stipulate the amount of attorney’s fees, the
payment of attorneys’ fees is different from
ordinary obligations and contracts. The Civil Code
provisions on payment of legal rate of interest in
the event of default apply only to ordinary
obligations and contracts. (Bach v. Ongkiko Kalaw
Manhit and Acorda Law Office, G.R. No. 160334,
September 11, 2006)
(b) Should Casal, Casos and Associates be
allowed to intervene in the case pending before
the Court in order to collect their fees from
Carina?
(c) Can Carina refuse to pay attorneys’ fees on
the ground that the lawyers who personally
handled her case had already resigned from the
law firm with which she had contracted?
Valid grounds for refusal to serve
20
QuAMTO (1987-2019)
Q: When may refusal of a counsel to act as
counsel de oficio be justified on grounds aside
from reasons of health, extensive travel abroad,
or similar reasons of urgency? Support your
answer. (2001 BAR)
Q: 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 the 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 Atty. C may not be called as 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
said 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? (1999 BAR)
A: Other justified grounds for refusal to act as
counsel de oficio are:
a. Too many de oficio cases assigned to the
lawyer (People v. Daeng, 49 SCRA 222);
b. Conflict of interest (Rule 14.03, CPR);
c. Lawyer is not in a position to carry out the
work effectively or competently (supra);
d. Lawyer is prohibited from practicing law by
reason of his public office which prohibits
appearances in court; and
e. Lawyer is preoccupied with too many cases
which will spell prejudice to the new clients.
Q: A is accused of robbery in a complaint filed
by B. A sought free legal assistance from the
Public Attorney’s Office (PAO) and Atty. C was
assigned to handle his case. After reviewing the
facts as stated in the complaint and as narrated
by A, Atty. C is convinced that A is guilty.
A: 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
A did 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 (Code of Professional
Responsibility, Rule 15.02). 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
(Rules of Court, Rule 130, Sec. 21 [b]). 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.
May Atty. C refuse to handle the defense of
A and ask to be relieved? Explain fully.
b. In problem (a), if the lawyer is counsel de
parte for the accused and he learns later
after accepting the case and while trial is
ongoing that his client was indeed the
perpetrator of the crime, may the lawyer
withdraw his appearance from the case?
Why or why not? (2014 BAR)
a.
A:
a.
b.
Rule 14.04 of the Code of Professional
Responsibility provides that a lawyer shall not
decline to represent a person solely on account
of his own opinion regarding the guilt of the
said person. It is not the duty of a lawyer to
determine whether the accused is guilty or not,
but the judge’s. Besides, in a criminal case, the
accused is presumed innocent, and he is
entitled to an acquittal unless his guilt is
proven beyond reasonable doubt. The role of
the lawyer is to see to it that his constitutional
right to due process is observed.
He may withdraw his appearance but in
accordance with procedure in Sec. 26, Rule 138
of the Rules of Court. Moreover, Rule 19.02 of
the Code of Professional Responsibility provides
that “a lawyer who has received information
that his client has, in the course of the
representation, perpetuated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which, he
shall terminate the relationship with such
client in accordance with the Rules of Court.”
Q: In the course of a drinking spree with Atty.
Holgado who has always been his counsel in
business deals, Simon bragged about his recent
sexual adventures with socialites known for
their expensive tastes. When Atty. Holgado
asked Simon how he manages to finance his
escapades, the latter answered that he has been
using the bank deposits of rich clients of Banco
Filipino where he works as manager. Is Simon’s
revelation to Atty. Holgado covered by the
Attorney-client privilege? (2006 BAR)
A: Simon’s revelation to Atty. Holgado is not
covered by the lawyer-client privilege. In the first
place, it was not made on account of a lawyer-client
relationship, that is, it was not made for the
purpose of seeking legal advice. In the second
place, it was not made in confidence (Mercado v.
Vitriolo, 459 SCRA 1). In the third place, the
attorney-client privilege does not cover
information concerning a crime or a fraud being
committed or proposed to be committed.
CANDOR, FAIRNESS AND
LOYALTY TO CLIENTS
Privileged communications
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
Q: Maria and Atty. Evangeline met each other
21
UST
BAR OPERATIONS
Legal and Judicial Ethics
and became good friends at zumba class. One
day, Maria approached Atty. Evangeline for
legal advice. It turned out that Maria, a nurse,
previously worked in the Middle East. So she
could more easily leave for work abroad, she
declared in all her documents that she was still
single. However, Maria was already married
with two children. Maria again had plans to
apply for work abroad but this time, wished to
have all her papers in order. Atty. Evangeline,
claiming that she was already overloaded with
other cases, referred Maria’s case to another
lawyer. Maria found it appalling that after Atty.
Evangeline had learned of her secrets, the latter
refused to handle her case.
to him by a prospective client.
Maria’s friendship with Atty. Evangeline
permanently turned sour after Maria filed an
administrative case against the latter for failing
to return borrowed jewelry.
(b) What is the duty of a lawyer when, in the
course of his representation, he discovers that
his client committed fraud upon a person or a
tribunal? (2019 BAR)
Atty. Evangeline, on the other hand, threatened
to charge Maria with a criminal case for
falsification of public documents, based on the
disclosures Maria had earlier made to Atty.
Evangeline.
A:
(a) NO the communication made by Mr. L to Atty. M
regarding the kickback he received is not presumed
to be confidential. Indeed, the relationship between
attorney and client is strictly personal and highly
confidential and fiduciary. However, matters
disclosed by a prospective client to a lawyer are
only presumed to be confidential when: 1) There is
a prospective attorney-client relationship and it is
by reason of this relationship that the client made
the communication; 2) The client made the
communication in confidence; and 3) The legal
advice must be sought from the attorney in his
professional capacity. The third requirement
means that the communication is not intended for
mere information, but for the purpose of seeking
legal advice from his attorney as to his rights or
obligations. (Jimenez v. Atty. Francisco, A.C. No.
10548, December 10, 2014; Mercado v. Vitriolo, A.C.
No. 5108, May 26, 2005)
Q: Mr. L sought legal advice from his lawyer,
Atty. M, regarding the possibility of annulling
his marriage. In the course of their
conversation, Mr. L mentioned that he would be
able to immediately pay Atty. M's legal fees
because he received a huge kickback from a
favored supplier in relation to his work as a
member of his Municipality's Bids and Awards
Committee.
(a) Is the communication made by Mr. L to Atty.
M regarding the kickback he received
presumed to be confidential? Explain.
Was the consultation of Maria with Atty.
Evangeline considered privilege? (2015 BAR)
A: The consultation of Maria with Atty. Evangeline
is considered privileged. The moment the
complainant approached the then receptive
respondent to seek legal advice, a veritable lawyerclient relationship evolved between the two. Such
relationship imposes upon the lawyer certain
restrictions circumscribed by the ethics of the
profession. Among the burdens of the relationship
is that which enjoins the lawyer to keep inviolate
confidential information acquired or revealed
during legal consultations. The fact that one is, at
the end of the day not inclined to handle the client’s
case is hardly of consequence. Of little moment too,
is the fact that no formal professional engagement
follows consultation. Nor will it make any
difference, that no contract whatsoever was
executed by the parties to memorialize the
relationship. (Hadjula v. Madianda, A.C. No. 6711,
July 3, 2007)
In the instant case, the communication regarding
the kickback was merely mentioned by Mr. L for the
purpose of informing Atty. M that he would be able
to immediately pay the latter's legal fees, and not
for the purpose of obtaining his legal advice
regarding the annulment case he was planning to
file.
Thus, although there is a prospective attorneyclient relationship between them and the
communication was made in confidence, the
information was not given for the purpose of
seeking legal advice and therefore not covered by
the rule on privileged communication.
Q: Assuming that the meeting between Pedro
Tigas and Atty. Chloe in Jollibee Restaurant
occurred after the killing of Pepeng Taga, and in
that meeting Pedro Tigas expressly admitted to
Atty. Chloe, in strict confidence as his lawyer,
that he had shot Pepeng Taga. Is Atty. Chloe
ethically bound to reveal the admission of
Pedro Tigas to the police investigator what
Pedro Tigas had stated to her at the Jollibee
Restaurant? Explain your answer. (2017 BAR)
A: NO. Atty. Chloe is not ethically bound to reveal
the admission of Pedro Tigas to the police
investigator. The lawyer-client privilege extends to
revelations of crimes already committed. The law
in fact encourages a client to make a full disclosure
of the circumstances relating to the crime for which
he is or may be charged. Rule 15.02 of the Code of
Professional Responsibility provides that a lawyer
shall be bound by the rule on privilege
communication in respect of all matters disclosed
(b) Under Rule 19.02 of the CPR, the lawyer has the
duty to order his client to rectify such fraud. If the
client refuses to do so, the lawyer shall terminate
his relationship with said client in accordance with
the Rules of Court.
Conflict of Interest
Q: St. Ivan’s Hospital, Inc. (St. Ivan’s) and allied
Construction Co. (Allied) separately retained
the legal services of Tomas and Benedicto Law
Offices. St. Ivan’s engaged the service of Allied
for the construction of a new building but failed
to pay the contract price after the completion of
22
QuAMTO (1987-2019)
the works. A complaint for sum of money was
filed by Atty. Budoy, a former associate of
Tomas and Benedicto Law Offices, on behalf of
Allied against St. Ivan’s. St. Ivans, lost the case
and was held liable to Allied.
84 Phil. 571)
Thereafter, St. Ivan’s filed a disbarment
complaint against Atty. Budoy. It claimed that
while Atty. Budo has established his own law
office, an arrangement was made whereby
Tomas and Benedicto Law Offices assign cases
for him to handle, and that it can be assumed
that Tomas and Benedicto Law Offices
collaborate with Atty. Budo in the cases
referred to him, creating a conflict of interest.
Rule on the complaint with reasons. (2016 BAR)
A: A lawyer is prohibited from representing
conflicting interests. There is conflict of interests
within the context of the rule when, on behalf of
client, it is the lawyer’s duty to contend for that
which his duty to another client requires him to
oppose. Another test is whether the acceptance of a
new lawyer-client relation will prevent a lawyer
from discharging fully his duty of undivided fidelity
and loyalty to another client or invite suspicion of
unfaithfulness or double-dealing in the
performance thereof.
Q: Explain your understanding of “Conflict of
Interests” under the Code of professional
Responsibility. (2009, 1997, 1993 BAR)
A: I will rule in favor of St. Ivan’s and against Atty.
Budoy. St. Ivan’s was a client of Tomas and
Benedicto Law Offices, of which Atty. Budoy was an
associate attorney. As such, St. Ivan’s was also his
client, because of the p rinciple that when a party
hires a law firm, he hires all the lawyers therein.
Moreover, Atty. Budoy was in a position to know
the information transmitted by St. Ivan’s to the
firm. “There is conflict of interest if the acceptance
of a new retainer will require the lawyer to perform
a act which will injuriously affect his new client in
any matter in which he represents him, and also
whether he will be called upon in his new relation
to use against his first client any knowledge
acquired during their relation” (Hornilla v. Salunat,
453 Phil. 108, July 01, 2003).
It is improper for a lawyer to appear as counsel for
one party against his present client even in a totally
unrelated case. With regard to former client, the
traditional rule is to distinguish between related
and unrelated cases. A lawyer may not represent a
subsequent client against former client in a
controversy that is related, directly or indirectly, to
the subject matter of the previous litigation in
which he appeared for the former client, otherwise,
he may. However, in the case of Rosacia vs. Atty.B.
Bulalacao, 248 SCRA 665, the Supreme Court ruled
that a lawyer may not accept a case against a former
client, even on an unrelated matter.
The Court reiterates that an attorney owes loyalty
to his client not in the case in which he has
represented him but also after the relation of
attorney and client has terminated as it is not good
practice to permit afterwards to defend in another
case other person against his former client under
the pretext that the other case. It behooves
respondent not only to keep inviolate the client’s
confidence but also to avoid the appearance of
treachery and double- dealing for only then can
litigants be encouraged to entrust their secrets to
their attorneys which is of paramount importance
in the administration of justice.
“As such, a lawyer is prohibited from representing
new clients whose interests oppose those of a
former client in any manner, whether or not they
are parties in the same action or on totally
unrelated cases. The prohibition is founded on the
principles of public policy and good taste” (Anglo v.
Atty. Valencia, A.C. No. 10567, Feb. 25, 2015).
Q: Mrs. F, a young matron, was referred to you
for legal advice by your good friend in
connection with the matron’s jewelry business.
She related to you the facts regarding a sale on
consignment of pieces of jewelry to someone
she did not name or identify. Since she was
referred to you by a close friend, you did not bill
her for the consultation. Neither did she offer to
compensate you. Six months later, Mrs. G, the
wife of the general manager of a client company
of your law firm, asked you to defend her in a
criminal case for estafa filed by Mrs. F. Would
you agree to handle her case? (1997 BAR)
Q: Atty. Belle Montes is a former partner in the
Rosales Law Office which is representing
Corporation X before the Securities and
Exchange Commission. Atty. Montes who is now
practicing on his own, entered her appearance
as counsel for Corporation Y in a suit between
said corporation and Corporation X. Atty.
Montes claims that since she did not personally
handle the case of Corporation X when she was
still with the Rosales Law Office, she will not be
representing conflicting interests. Is such
argument valid? Explain. (1992 BAR)
A: First, I will inquire if the case for estafa filed by
Mrs. F against the wife of the general manager is
the same matter concerning which Mrs. F consulted
me six months before. If it is a same matter, I will
not be able to handle the case for the general
manager’s wife, because of a conflict of interests.
When Mrs. F consulted me and I give her
professional advice, a lawyer- client relationship
was created between us, regardless of the fact that
I was not compensated for it. It would involve a
conflict of interests if I will handle the case for the
opposite party on the same matter. (Hilado v. David,
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
A: Atty. Belle Montes will be deemed to be appearing
for conflicting interests if she appears for
Corporation Y against Corporation X.
This question is similar to the case of Philippine
Blooming Mills vs. Court of Appeals. In said case, the
Philippine Blooming Mills was the retainer of the
ACCRA Law Office. Three lawyers of the ACCRA Law
Office separated from said law firm and established
23
UST
BAR OPERATIONS
Legal and Judicial Ethics
their own law office. The three lawyers were
disqualified from appearing for a corporation
against the Philippine Blooming Mills.
been scheduled. Would you accept the offer?
(1997 BAR)
A: It depends. If the criminal case for homicide
through reckless imprudence is against Mr. “H”, I
cannot accept the same for that will involve a conflict
of interest, although it is an unrelated case.
The rule which prohibits appearing for conflicting
interests applies to law firms. The employment of
one member of a law firm is considered as an
employment of the law firm and that the
employment of a law firm is equivalent to a retainer
of the members thereof.
But if it will not involve Mr. “H”, I can accept the
same. However, to avoid suspicion and
misunderstanding, it would be better if I inform Mr.
“H” about the offer and secure his conformity to my
handling the same. t is unprofessional for a lawyer to
represent conflicting interests, except by express
consent of all concerned given after full disclosure of
the fact (Canons of Professional Ethics, Canon 6). A
lawyer cannot accept a case against a present client
either in the same case or in a totally unrelated case.
Q: R is a retained counsel of ABC Bank- Ermita
Branch. One day, his balik bayan compadre, B,
consulted him about his unclaimed deposits
with the said branch of ABC Bank, which the
bank had refused to give to him claiming that the
account had become dormant. R agreed to file a
case against the bank with the Regional Trial
Court (RTC) of Manila. B lost the case, but upon
the advice of R, he no longer appealed the
decision. B later discovered that R was the
retained counsel of ABC Bank-Ermita Branch.
Does B have any remedy? Discuss the legal and
ethical implications of the problem. (2014 BAR)
Q: 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. Cruz’s employment in the
bank, engaged Atty. Cruz’s services as a lawyer in
a case that was filed by Pilipinas Bank for
collection of sums 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.
What do you think of what Atty. Cruz did? Is there
a valid an legal basis to discipline him? (2006,
1999 BAR)
A: Atty. R clearly violated the rule against
representing conflicting interests (Rule 15.03, Code
of Professional Responsibility). B may file an action to
set aside the judgment on the theory that if a lawyer
is disqualified from appearing as counsel for a party
on account of conflict of interests, he is presumed to
have impropriety and prejudicially advised and
represented the party in the conduct of the litigation
from beginning to end. He may also file an action for
damages against Atty. R, aside from an
administrative complaint due to his misconduct. He
was prejudiced by the adverse decision against him,
which he no longer appealed upon the advice of Atty.
R.
Q: You are the counsel for the estate of a
deceased person. Your wife is a practicing
Certified Public Accountant. She was asked by
her client to prepare and submit an itemized
claim against the estate you are representing.
She asks for your advice on the legal propriety of
her client’s claim. What advice would you give
her? Explain. (2003 BAR)
A: 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.
A: I would advise her that it will be improper for her
to handle her client’s claim against the estate. As a
counsel for the estate, it is my duty to preserve the
estate. Her client’s claim seeks to reduce the said
estate. If she will handle such claim, I can be
suspected of representing conflicting interests. The
interests of the estate and of its creditors are adverse
to each other (Nakpil v. Valdez, 288 SCRA 75). Even if
she is a different person, the fact that she is my wife
will still give rise to the impression that we are acting
as one.
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. Cedo, 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. This
constitutes malpractice for which Atty. Cruz can be
disciplined.
Q: You are the lawyer of Mr.”H”, the plaintiff, in a
civil case for rescission of contract. The
prospects for an amicable settlement look
bright. Impressed by your ability, Mr. “I”, the
defendant, would like very much to retain you as
his defense counsel in a criminal case for
homicide through reckless imprudence.
Q: Huey Company and Dewey Corporation are
both retainer clients of Atty. Anama. He is the
Corporate Secretary of Huey Company. He
represents Dewey Corporation in three
pending litigation cases. Dewey Corporation
wants to file a civil case against Huey Company
and has requested Atty. Anama to handle the
case. What are the options available to Atty.
Anama? Explain your answer. (1993 BAR)
Mr. “I” wants you to forthwith enter your
appearance, the arraignment already having
24
QuAMTO (1987-2019)
A: The options available to Atty. Anama are:
consequence, Atty. Derecho terminated their
relationship and withdrew from the case. Was
Atty. Derecho right in terminating their
relationship and withdrawing from the case?
How about the fact that he had already accepted
a sizeable retainer’s fee from his client? Discuss
fully. (1995 BAR)
1. To decline to accept the case because to do so
will constitute representing conflicting
interests. It is unethical for a lawyer to
represent a client in a case against another
client in the said case.
2. To accept to file the case against Huey Company,
after full disclosure to both retained clients and
upon their express and written consent. The
written consent may free him from the charge of
representing conflicting interests, because
written consent amounts to a release by the
clients of the lawyer’s obligation not to
represent conflicting interests.
A: Atty. Derecho was right in terminating the
lawyer-client relationship and withdrawing from
the case. Rule 22.01 of the Code of Professional
Responsibility provides that a lawyer may withdraw
his services when the client pursues an illegal or
immoral course of conduct in connection with the
matter he is handling, or when the client insists that
the lawyer pursue conduct violative of the canons
and rules. Rule 15.07 provides that a lawyer shall
impress upon his client compliance with the laws
and the principles of fairness. While he owes his
client warm zeal, it should always be within the
bounds of the law (Code of Professional
Responsibility, Canon 19). The fact that Atty.
Derecho had already accepted a sizeable retainer’s
fee should make no difference on his decision to
withdraw. Moreover, he may retain the fees he has
already received, his withdrawal being justified
(Pineda, Legal & Judicial Ethics, 1994 edition, p. 223),
unless the same is unconscionable.
Q: Atty. Japzon, a former partner of XXX law
firm, is representing Kapuso Corporation in a
civil case against Kapamilya Corporation whose
legal counsel is XXX law firm. Atty. Japzon
claims that she never handled the case of
Kapamilya Corporation when she was still with
XXX law firm. Is there a conflict of interests?
Explain. (2005 BAR)
A: There is a conflict of interests when a lawyer
represents inconsistent interests. This rule covers
not
only
cases
in
which
confidential
communications have been confided, but also those
in which no confidence has been bestowed or will
be used.
Q: What are the three (3) tests to determine
conflict of interest for practicing lawyers?
Explain each briefly. (2009 BAR)
A:
Also, there is conflict of interests if the new retainer
will require the attorney to perform an act which
will injuriously affect his first client in any matter
in which he represents him and also whether he
will be called upon in his new relation to use against
his first client any knowledge acquired through
their connection (Santos vs. Beltran, 418 SCRA 17).
Since Atty. Japzon was a partner of the XXX law firm
which has Kapamilya Corporation as its client, she
cannot handle a case against it as such will involve
conflict of interests.
1.
2.
3.
The employment of a law firm is equivalent to the
retainer of the members thereof. It does not matter
if Atty. Japzon never handled a case of the
Kapamilya Corporation when she was still with the
XXX law firm.
Representation with zeal within legal bounds
CLIENT’S MONEYS AND PROPERTIES
Q: Winnie retained the services of Atty. Derecho
to file a collection case against Carmen. Winnie
paid Atty. Derecho a sizeable retainer’s fee
which the latter accepted. Later, in the process
of determining the amount of debt to be
collected from Carmen, Atty. Derecho noticed
that of the total claim of 8.5 million, certain
invoices covering 3.5 million appeared to be
irregular. Winnie while admitting the
irregularity assures her lawyer that there
would be no problem as Carmen was by nature
negligent in keeping her records and would not
notice the mistakes anyway. Atty. Derecho tried
to convince Winnie to exclude the amount of
3.5 million but Winnie refused. As a
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
When in representation of one client, a lawyer
is required to fight for an issue or claim, but is
also duty bound to oppose it for another client;
When the acceptance of the new retainer will
require an attorney to perform an act that may
injuriously affect the first client or when called
upon in a new relation to use against the first
client any knowledge acquired through their
professional connection; and
When the acceptance of a new relation would
prevent the full discharge of an attorney’s duty
to give undivided fidelity and loyalty to the
client or would invite suspicion of
unfaithfulness or double-dealing in the
performance of that duty. (Northwestern
University v. Arquillo, 415 SCRA 513, 2005)
Fiduciary relationship
Q: A lawyer charged his client P10, 000.00 for
filing fees pertaining to the complaint he filed
in court. He actually spent only P1, 001.01. He
did not account the balance. May his client
charge him for misconduct as a member of the
Philippine bar? Explain your answer. (1990
BAR)
A: The client may charge his lawyer with
misconduct for not accounting for the balance on
P9, 000.00. It is well-settled that where the client
gives his lawyer money for a specific purpose, such
25
UST
BAR OPERATIONS
Legal and Judicial Ethics
as to pay the docket fees for the filing of an action
in court, so much of the money not used for the
purpose belongs to the client and the lawyer holds
in it trust for him. And it is the lawyer’s duty to
promptly account for all money received from his
client. For this reason, the lawyer’s failure to
account for the balance of the money not spent for
filing fees will render him liable for
misappropriation, which is a ground for
disbarment.
to give the money to her (C). C thus filed a case
against the barangay captain who at once
remitted the amount of P2,000.00 to C. May the
barangay captain be faulted administratively?
Explain. (2000 BAR)
A: YES. The Code of Professional Responsibility
applies to lawyers who are in the government
service. As a general rule, a lawyer who holds a
government office may not be disciplined as a
member of the bar for misconduct in the discharge
of his office as a government official. However, if
that misconduct as a government official is of such
character as to affect his qualification as a lawyer
or to show moral delinquency, then he may be
disciplined as a member of the bar on such ground
(Dinsay v. Ctoco, 264 SCRA 703 [1996]). In the case
of Penticostes v. Ibanez, 304 SCRA 281 [1999], a
barangay captain who failed to remit for several
months the amount given to him for payment of an
obligation, was found to have violated the Code of
Professional Conduct.
Client’s moneys and properties; Fidelity to
client’s cause
Q: C engaged the services of attorney D
concerning various mortgage contracts entered
into by her husband from whom she is
separated fearful that her real estate
properties will be foreclosed and of impending
suits for sums of money against her. Attorney D
advised C to give him her land titles covering
her lots so he could sell them to enable her to
pay her creditors. He then persuaded her to
execute deeds of sale in his favor without any
monetary or valuable consideration, to which C
agreed on condition that he would sell the lots
and from the proceeds pay her creditors. Later
on, C came to know that attorney D did not sell
her lots but instead paid her creditors with his
own funds and had her land titles registered in
his name. Did attorney D violate the Code of
Professional Responsibility? Explain. (2009,
2007 BAR)
Q: Marlyn, a widow engaged the services of Atty.
Romanito in order to avert the foreclosure of
several parcels of land mortgaged by her late
husband to several creditors. Atty. Romanito
advised the widow to execute in his favor deeds
of sale over the properties, so that he could sell
them and generate funds to pay her creditors.
The widow agreed. Atty. Romanito did not sell
the properties, but paid the mortgage creditors
with his own funds, and had the land titles
registered in his name. Atty. Romanito
succeeds in averting the foreclosure. Is he
administratively liable? Reasons. (2009 BAR)
A: The decision of the Supreme Court in the
case of Hernandez v. Go (450 SCRA 1) is squarely
applicable to this problem. Under the same set
of facts, the Supreme Court held the lawyer to
have violated Canons 16 and 17 of the Code of
Professional Responsibility, which provide as
follows:
A: YES, Atty. Romanito is administratively liable.
The basic facts in this case are the same as the facts
in Hernandez v. Go (450 SCRA 1 [2005]), where the
Supreme Court found the lawyer to have violated
Canons 16 and 17 of the Code of Professional
Responsibility, and disbarred him. The Supreme
Court held that a lawyer’s acts of acquiring for
himself the lots entrusted to him by his client are,
by any standard, acts constituting gross
misconduct. The lawyer in that case was disbarred.
Canon 16. A lawyer shall hold in trust all moneys
and properties of his client hat may come into his
possession.
Canon 17. A lawyer owes fidelity to the cause of his
client and he shall be mindful of the trust and
confidence reposed in him.
FIDELITY TO CLIENT’S CAUSE
The Supreme Court further held that the lawyer
concerned has engaged in deceitful, dishonest,
unlawful and grossly immoral acts, which might
lessen the trust and confidence reposed by the
public in the fidelity, honesty, and integrity of the
legal profession, consequently, the Court disbarred
him.
Competence and diligence
a.
Adequate protection
Q: X was indicted for murder. As he had no
counsel on arraignment, the trial court
appointed Atty. A as his counsel de oficio. When
Atty. A asked X what was his stand, X said he was
guilty. X thereupon pleaded guilty. Trial was
thereafter conducted. When the turn of the
defense to present evidence came, Atty. A
manifested that he was not presenting any and
that he was submitting the case for decision,
praying that X’s plea be considered mitigating.
Did Atty. A’s assistance or conduct approximate
the competence and diligence which the Code of
Professional Responsibility expected of him?
Explain. (2000 BAR)
Delivery of Funds
Q: D was charged with estafa by C before the
barangay for misappropriating the proceeds of
sale of jewelry on commission. In settlement of
the case, D turned over to the barangay captain,
a lawyer, the amount of P2,000.00 with the
request that the barangay captain turn over the
money to C. Several months passed without C
being advised of the status of her complaint. C
contacted D who informed her that she (D) had
long before turned over the amount of P2,
000.00 to the barangay captain who undertook
A: NO. It is the duty of defense counsel when his
26
QuAMTO (1987-2019)
client desires to enter a plea of guilty to fully
acquaint himself with the facts and surrounding
circumstances of the case, advise his client of his
constitutional rights and the full import of a plea of
guilty, see to it that the prescribed procedure is
observed, present evidence, including possible
mitigating circumstances, so that the precise
degree of his client's culpability is established and
the appropriate penalty is imposed, and thus leave
no room for doubt that there was a mistake or
misunderstanding as to the nature of the charges to
which his client has pleaded guilty. Atty. A has
fallen short of this required conduct.
by the mistake of his counsel.
b. On account of his mistake, is counsel liable
to his client for damages? Explain. (2002
BAR)
A:
a.
b. Negligence
Q: Nene approached Atty. Nilo and asked him if
it was alright to buy a piece of land which
Maneng was selling. What was shown by
Maneng to Nene was an Original Certificate of
Title with many annotations and old patches, to
which Nene expressed suspicion. However,
Atty. Nilo, desirous of pushing through with the
transaction because of the high notarial fee
promised to him, told Nene that the title was
alright and that she should not worry since he is
an attorney and that he knew Maneng well. He
notarized the Deed of Sale and Nene paid
Maneng P 108,000.00. It turned out that
Maneng had previously sold the same property
to another person. For the injustice done to
Nene, may Atty. Nilo be disciplined? (1998 BAR)
b.
c.
Collaborating counsel
Q: May a client hire additional counsel as
collaborating counsel over and above the
objection of the original counsel? (2014, 1989
BAR)
A: YES. Atty. Nilo is guilty of gross neglince in
protecting the interest of his client. A lawyer shall
not neglect a legal matter entrusted to him and his
negligence in connection therewith shall render
him liable (Rule 18.03, Code of Professional
Responsibility). Worse, he was negligent because he
placed his own interest in receiving a high notarial
fee over and above the interest of his client. In the
case of Nadayag v. Grageda, 237 SCRA 202, which
involves similar facts, the Supreme Court held that
the lawyer "should have been conscientious in
seeing to it that justice permeated every aspect of a
transaction for which his services had been
engaged, in conformity with the avowed duties of a
worthy member of the Bar."
A: YES, the client is entitled to have as many
lawyers as he can afford. Professional courtesy,
however, demands that a lawyer retained as a
collaborating counsel should at least communicate
with the original counsel and should at least
communicate with the original counsel before
entering his appearance. On the part of the original
counsel, he should not look at the employment of a
collaborating counsel as a loss of confidence in
him.
Q: Atty. A objects to the collaboration of Atty. B
as proposed by Client C in a pending case. How
would A, B and C handle the situation? (2001
BAR)
Q: May a lawyer be held liable for damages by
his client for the lawyer’s failure to file the
necessary pleadings to prosecute the client’s
case and as a result of which the client suffered
damages? (2014 BAR)
A: A, B, and C may handle the situation in the
following manner:
a. "A" can offer to withdraw his services. Rule
22.01(c) of the Code of Professional
Responsibility allows a lawyer to withdraw his
services if his inability to work with co-counsel
will not promote the best interest of his client.
Here, by objecting to the collaboration of Atty.
B, Atty. A foresees his inability to work with the
former. “A” may with withdraw to give his client
a free hand in protecting his interest.
b. "B" should refuse to accept the case, otherwise,
he may be encroaching on the professional
employment of another lawyer. A lawyer
should decline association as colleague if it is
A: YES, he may be held liable. Rule 18.03 of the Code
of Professional Responsibility provides that “a
lawyer shall not neglect a legal matter entrusted to
him, and his negligence in connection therewith
shall render him liable.” But attorney-client
relationship, want of reasonable care and diligence,
and injury sustained by the client as the proximate
result thereof, are the prerequisites to the
maintenance of an action for damages against a
lawyer.
Q:
a. State the rule on whether a client is bound
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
A client is bound by the mistakes of his lawyer
[Cabales v. fiery, 94 SCRA 374 (1979); Valerio v.
Secretary of Agriculture, 7 SCRA 719(1963)].
However, when the lawyer has practically sold
his client down the river or when the
negligence is so gross that the client was
deprived of due process, the client is not
bound by the negligence of the lawyer [PHHC
v. Tiongco, 12 SCRA 471(1964); San Miguel
Corp. v. Laguesma, 236 SCRA 595(1994)]
A lawyer shall not neglect a legal matter
entrusted to him and his negligence in
connection therewith shall make him liable
(Rule
18.03,
Code
of
Professional
Responsibility). A client who suffers prejudice
by reason of his counsel’s inexcusable
negligence in the discharge of his duty may file
an action for damages against him. However,
there must be a showing that had the lawyer
exercised due diligence, the client under the
facts and the law would have succeeded in
recovering from the adverse party or in
resisting the claim of the latter.
27
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Legal and Judicial Ethics
objectionable to the original counsel, but if the
lawyer first retained is relieved, another may
come into the case (Canon 7, Canons of
Professional Ethics).
c. "C" the client must choose only one of the
lawyers. If he wants Atty. B as his lawyer, he
should formally terminate the services of "A" so
"B" can formally enter his appearance in the
case.
learned during the professional engagement is
when such confidential information is used to
defend the lawyer. (Rule 21.01, Canon 21, Code of
Professional Responsibility) The disclosures made
by Atty. Miriam does fall within the aforesaid
exceptions because the statements made in the
counter-affidavit are irrelevant to her defense in
the criminal case filed against her for violation of
the Bouncing Checks Law.
Q: Atty. Miriam rents her office space in a
building owned by Winston. Eventually, Atty.
Miriam became Winston's regular legal
counsel. Because of their good relationship,
Atty. Miriam did not hesitate to borrow money
from Winston. Atty. Miriam issued postdated
checks covering the interest of her loans.
Unfortunately, Atty. Miriam failed to pay her
obligations to Winston. Her postdated checks
with Winston also bounced. Hence, he filed a
criminal case for violation of the Bouncing
Checks Law against her.
REPRESENTATION WITH ZEAL
WITHIN LEGAL BOUNDS
Use of fair and honest means
Q: Under Canon 19 of the Code of Professional
Responsibility, "a lawyer shall represent his
client with zeal within the bounds of the law."
How far, in general terms, may a lawyer go in
advocating, supporting and defending the
cause of his client in a criminal case filed
against the latter? (2003, 1997 BAR)
In her counter-affidavit, Atty. Miriam averred
that Winston was "a businessman who is
engaged in the real estate business, trading and
buy and sell of deficiency taxed imported cars,
shark loans and other shady deals and has
many cases pending in court."
A: The right to counsel must be more than just the
presence of a lawyer in the courtroom or the mere
propounding of standard questions and objections.
The right to counsel means that the accused is
simply accorded legal assistance extended by a
counsel who commits himself to the cause of the
defense and acts accordingly. The right assumes an
active involvement by the lawyer in the
proceedings, particularly at the trial of the case, his
bearing constantly in mind the basic rights of the
accused, his being well-versed on the case, and his
knowing the fundamental procedure, essential
laws and existing jurisprudence. The right of an
accused to counsel finds substance in the
performance by the lawyer of his sworn duty of
fidelity to his client. Tersely put, it means an
efficient and truly decisive legal assistance and not
a simple perfunctory representation. (People v.
Bemas, 306 SCRA 293 [1999], cited in People v. Sta.
Teresa, 354 SCRA 697 [2001]). However, a lawyer
shall employ only honorable and honest means in
the maintenance of his client’s cause. (Section 20,
Rule 128)
Hurt by the allegations, Winston filed a
disbarment complaint against Atty. Miriam
arguing that her allegations in the counteraffidavit constituted a breach of their
confidential lawyer-client relationship.
Discuss whether or not the disclosures in Atty.
Miriam's counter-affidavit constitute a breach
of fidelity towards her client. (2017 BAR)
A: The disclosures in Atty. Miriam’s affidavit does
not constitute a breach of fidelity towards her
client Winston. Canon 21, Rule 21.01 of the Code of
Professional Responsibility provides that a lawyer
shall not reveal the confidences or secrets of his
clients except when “necessary to defend himself,
his employee or associates or by judicial action.” By
filing a complaint against his attorney, a client
waives the attorney-client privilege in favor of his
lawyer who may disclose or use so much of his
client’s confidences as may be necessary to protect
himself. In Genato v. Silapan, the Court held that the
privilege against disclosure of confidential
communications or information is limited only to
communications which are legitimately and
properly within the scope of a lawful employment
of a lawyer; it does not extend to those made in
contemplation of a crime or perpetuation of a
fraud. However, the disclosures in Atty. Miriam’s
counter-affidavit do not seem to be necessary to
protect herself in the criminal case filed against
her. (Genato vs. Atty. Silapan, A.C. No. 4078, July 14,
2003)
Client’s fraud
Q: Atty. A discovered his client's fraud against
the adverse party. What steps should he take so
that his client will secure only that which is
legally and justly due him? (2001 BAR)
A: A lawyer who has received information that his
client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same,
and failing which he shall terminate the
relationship with such client in accordance with
the Rules of Court (Rule 19.02, Code of Professional
Conduct).
Attorney’s Fees
Alternative Answer:
a. Contingency fee arrangements
A: The disclosures made by Atty. Miriam
constitutes a breach of fidelity towards her client,
Winston. While it is true that an exception to the
confidentiality rule, or an instance where the
lawyer could divulge the secrets of his client
Q: For services to be rendered by Atty. Hamilton
as counsel for Gener in a civil case involving the
recovery of the ownership and possession of a
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QuAMTO (1987-2019)
parcel of land with an area of 5,000 square
meters, the two of them agreed on a success fee
for Atty. Hamilton of P50,000.00 plus 500
square meters of the land. The trial court
ultimately rendered judgment in favor of
Gener, and the judgment became final and
executory. After receiving P50,000.00, Atty.
Hamilton demanded the transfer to him of the
promised 500 square meters of the land.
Meanwhile, the spouses Rivera filed on
November 10, 2014 before the RTC a case for
quieting of title against the spouses Manuel,
docketed as Civil Case No. 2222. The spouses
Manuel, again through Atty. Enriquez, filed a
motion to dismiss Civil Case No. 2222 on the
ground of res judicata given the final judgment
in Civil Case No. 1111.
Pending the resolution of the motion to dismiss
in Civil Case No. 2222, the RTC granted on
February 9, 2015 the motion for issuance of a
writ of execution in Civil Case No. 1111 and
placed the spouses Manuel in possession of the
land. Atty. Enriquez, based on a purported oral
agreement with the spouses Manuel, laid claim
to ½ of the land, measuring 100,000.00 square
meters with market value of P1,750,000.00, as
his attorney’s fees.
Instead of complying, Gener brought an
administrative complaint charging Atty.
Hamilton with violation of the Code of
Professional Responsibility and Art. 1491(5) of
the Civil Code for demanding the delivery of a
portion of the land subject of the litigation.
Is Atty. Hamilton liable under the Code of
Professional Responsibility and the Civil Code?
Explain your answer. (2017, 2010 BAR)
Atty. Enriquez caused the subdivision of the
land in two equal portions and entered into the
half he appropriated for himself. Based on the
professional and ethical standards for lawyers,
may Atty. Enriquez claim ½ of the land as his
contingency fee? Why? (2015 BAR)
A: NO. Atty. Hamilton is not liable for violation of
the Code of Professional Responsibility and the
Civil Code. The agreement on a success fee of
P50,000.00 and 500 sq. m. of the land involved in
the case is valid. The parties entered into a
contingent fee contract that is allowed under Canon
20, Rules 20.01 of the Code of Professional
Responsibility and Canon 13 of the Code of
Professional Ethics.
A: Atty. Enriquez may not claim ½ of the land as
his contingency fee. In the first place, a lawyer
cannot charge his client a contingent fee or a
percentage of the amount recovered as his fees in
the absence of an express contract to that effect
(Corpus v. Court of Appeals, G.R. No. L-40424, June
30, 1980, 98 SCRA 424). There is no such contract
in this case. As a matter of fact, the claim of a
purported oral agreement for a contingency fee of
½ of the land is contradicted by the allegation in
the Complaint in Civil Case No. 1111 for a
contingency fee of P200,000.00 only.
A contract for a contingent fee is not covered by
Article 1491 because the transfer or assignment of
the property in litigation takes effect only after the
finality of a favorable judgment. (Director of Lands
v. Ababa, G.R. No. L-26096 February 27, 1979)
Q: The spouses Manuel were the registered
owners of a parcel of land measuring about
200,000 square meters. On May 4, 2008, the
spouses Manuel sold the land for P3,500,000.00
to the spouses Rivera who were issued a
certificate of title for said land in their names.
Because the spouses Rivera failed to pay the
balance of the purchase price for the land, the
spouses Manuel, through Atty. Enriquez,
instituted an action on March 18, 2010 before
the Regional Trial Court (RTC) for sum of money
and/or annulment of sale, docketed as Civil
Case No. 1111. The complaint in Civil Case No.
1111 specifically alleged that Atty. Enriquez
would be paid P200,000.00 as attorney’s fees on
contingent basis. The RTC subsequently
promulgated its decision upholding the sale of
the land to the spouses Rivera. Atty. Enriquez
timely filed an appeal on behalf of the spouses
Manuel before the Court of Appeals. The
appellate court found for the spouses Manuel,
declared the sale of the land to the spouses
Rivera null and void, and ordered the
cancellation of the spouses Rivera’s certificate
of title for the land. The Supreme Court
dismissed the spouses Rivera’s appeal for lack
of merit. With the finality of judgment in Civil
Case No. 1111 on October 20, 2014, Atty.
Enriquez filed a motion for the issuance of a
writ of execution.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
Moreover, the amount claimed as contingent fee
appears to be excessive and unreasonable. The
issue involved in the case was simple and did not
require extensive skill, effort and research on the
part of Atty. Enriquez.
Furthermore, Atty. Enriquez caused the division of
the land and appropriate one half thereof, pending
resolution of the motion to dismiss in Civil Case No.
2222. This constitutes a violation of Article 1491 of
the New Civil Code, because the case in which the
property is involved has not yet been terminated.
(The Conjugal Partnership of the Spouse Cadavedo
v. Victorino T. Lacaya, G.R. No. 173188, January 15,
2014)
Q: Atty. CJ handled the case for plaintiff GE
against defendant XY in an action for damages.
Judgment was rendered for plaintiff GE. When
a writ of execution was issued, the sheriff
levied on a 400 square meter lot of defendant
XY. Pursuant to their contingent fee contract,
plaintiff GE executed a deed of assignment in
favor of Atty. CJ of one-half of the lot. Atty. CJ
accepted the assignment.
Is the contract for contingent fee valid?
Explain. (2002 BAR)
29
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Legal and Judicial Ethics
20.01 (f) of the CPR. A much higher compensation is
allowed as contingent fees in consideration of the
risk that the lawyer will get nothing if the suit fails.
In several cases, the Supreme Court has indicated
that a contingent fee of 30% of the money or
property that may be recovered is reasonable.
Moreover, although the developer settled the case,
it was after the case was decided by the Regional
Trial Court in favor of Chester, which shows that
Atty. Laarni has already rendered service to the
client.
A: Contract for contingent fee is a contract wherein
the attorney’s fee, usually a percentage of what
may be recovered in the action, is made to depend
upon the success of the lawyer in enforcing or
defending his client’s right. It is a valid contract,
unlike a champertous contract which is invalid
because the lawyer undertakes to shoulder the
expenses of the litigation. However, the amount of
the fee agreed upon may be reduced by the courts
if it should be unconscionable. Fifty percent (50%)
of what the client might recover may or may not be
unconscionable depending on the factors to be
considered in determining the reasonableness of
an attorney's fee.
ALTERNATIVE ANSWER:
Chester’s refusal to pay Atty. Laarni P150 million as
attorney’s fees on the ground that it is excessive, is
justified. In the case of Sesbreno v. Court of Appeals
(245 SCRA 30 [1995]), the Supreme Court held that
“contingent fee contracts are under the supervision
and close scrutiny of the court in order that clients
may be protected from unjust charges” and that “its
validity depends on a large measure on the
reasonableness of the stipulated fees under the
circumstances of each case.” Also, “stipulated
attorney’s fees are unconscionable whenever the
amount is by far so disproportionate compared to
the value of the services rendered as to amount to
fraud perpetuated against the client.” Considering
the circumstances that the case was decided by
settlement of the property developer, the
attorney’s fee of P150 Million would be
unconscionable.
Q: 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? (1999 BAR)
A: NO. Atty. A may not correctly agree to such an
agreement.
Such an arrangement would constitute a
champertous 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, 182
SCRA 151). A champertous 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.
b.
Attorney’s Liens
Q: M engaged the services of Atty. D to
prosecute his annulment of marriage case in
the Regional Trial Court (RTC). After a longdrawn trial, Atty. D was able to secure a
favourable judgment from the court.
Unfortunately, M failed to pay in full the
stipulated attorney’s fees of Atty. D. How can
Atty. D collect his fees from M? Discuss fully.
(2014 BAR)
A: He can allot his fees either by filing a motion in
the annulment of marriage case that he handled,
and to order M to pay the same, or he can file a
separate action for the recovery of his attorney’s
fees. Of the two, the first is preferable because the
judge in the annulment case will be in a better
position to evaluate the amount and value of his
services. In the meantime, he may avail of the
retaining lien, which is to retain the moneys and
properties of M in his possession until he is paid for
his services, or a charging lien, which is to charge
the money judgment in the case for the payment of
his fees.
Q: Chester asked Laarni to handle his claim to a
sizeable parcel of land in Quezon City against a
well-known property developer on a
contingent fee basis. Laarni asked for 15% of
the land that may be recovered or 15% of
whatever monetary settlement that may be
received from the property developer as her
only fee contingent upon securing a favorable
final judgment or compromise settlement.
Chester signed the contingent fee agreement.
Q: Define an attorney's retaining lien. (2000,
1998 BAR)
Assume the property developer settled the case
after the case was decided by the Regional Trial
Court in favor of Chester for P1 Billion. Chester
refused to pay Laarni PI50 Million on the
ground that it is excessive. Is the refusal
justified? Explain. (2008 BAR)
A: A retaining lien is the right of an attorney to
retain the funds, documents, and papers of his
client which have lawfully come into his possession
until his lawful fees and disbursements have been
paid, and to apply such funds to the satisfaction
thereof. (Sec. 37, Rule 138, Rules of Court)
A: The refusal of Chester to pay is unjustified. A
contingent fee is impliedly sanctioned by Rule
Q: Upon being replaced by Justice C, Atty. B, the
30
QuAMTO (1987-2019)
former counsel of the parents of the victims of
the OZONE Disco tragedy, was directed to
forward all the documents in his possession to
Justice C. Atty. B refused, demanding full
compensation pursuant to their written
contract. Sensing that a favorable Judgment was
forthcoming, Atty. B filed a motion in court
relative to his attorney’s fees, furnishing his
former clients with copies thereof.
the annulment of the sale of a piece of land.
Assume the vendee obtained a summary
judgment against the vendor. Would the
counsel for the defendant vendee be entitled to
enforce a charging lien? Explain. (2008 BAR)
A: A charging lien, to be enforceable as security for
payment of attorney’s fees, requires as a condition
sine qua nona judgment for money and execution
in pursuance of such judgment secured in the main
action by the attorney in favor of his client
(Metropolitan Bankv. Court of Appeals,181 SCRA 367
[1990]). A summary judgment against the vendor in
this case only means that his complaint was
dismissed. This is not a judgment for payment of
money; hence, a charging lien cannot attach.
However, if the judgment should include a money
judgment in favor of the vendee on his
counterclaim, a charging lien can properly be
enforced.
Is Atty. B legally and ethically correct in
refusing to turn over the documents and in
filing the motion? Explain. (1998 BAR)
A: Atty. B is legally and ethically correct in refusing
to turn over the documents. He is entitled to a
retaining lien which gives him the right to retain the
funds, documents and papers of his client which
have lawfully come to his possession until his
lawful fees and disbursement have been paid (Sec.
37, Rule 138. Rules of Court. Rule 16.03, Code of
Professional Responsibility). Likewise, he is legally
and ethically correct in filing a motion in court
relative to his fees. He is entitled to a charging lien
upon all judgments for the payment of money, and
executions issued in pursuance of such judgments,
which he has secured in a litigation of his client,
from and after the time when the records of the
court rendering such judgment or issuing such
execution (Ibid.)
Q: Differentiate “retaining lien” from “charging
lien” (2016 BAR)
A: A retaining lien gives the lawyer the right to
retain the funds, documents and papers of the
client which have lawfully come into his
possession, until his lawful fees and disbursements
have been paid. A charging lien is a lien upon all
judgments for payment of sum of money and
executions thereof, to ensure payment of his fees
and disbursements in the said case.
Q: Harold secured the services of Atty. Jarencio
to collect from various debtors. Accordingly.
Atty. Jarencio filed collection cases against the
debtors of Harold and in fact obtained favorable
Judgments in some. Atty. Jarencio demanded
from Harold his attorney’s fees pursuant to
their agreement but Harold refused. When one
of the defendants paid his indebtedness of
20,000.00 through Atty. Jarencio, the latter
refused to turn over the money to Harold;
instead, Atty. Jarencio applied the amount to his
attorney’s fees having in mind the provisions of
the Civil Code on legal compensation or set-off
to justify his act.
A retaining lien is a passive lien; the lawyer is not
required to perform any act except to hold on to the
client’s funds, documents and papers, until his fees
and disbursements are paid. A charging lien is an
active lien; the lawyer is required to file a motion in
court, with copy served on the adverse party, to
have a statement of his claim to such fees and
disbursements charged or attached to the decision
in such case and executions thereof.
A retaining lien is general lien; it may be
resorted to in order to secure payment of the
lawyer’s fees in all the cases he has handled and
services he has rendered to the client. A
charging lien is a special lien; it can be utilized
for the purpose of collecting only the unpaid
fees and disbursements of the lawyer in the
case where the judgment for a sum of money
may be secured.
Was Atty. Jarencio correct in refusing to turn
over to his client the amount he collected?
Discuss fully. (1995 BAR)
A: A lawyer has a retaining lien which entitled him
to retain possession of a client’s document, m oney
or other property which come into the hands of the
attorney professionally, until the general balance
due him for professional services is paid. Under
Rule 138, Section 37 of the Rules of Court, the
attorney cannot be compelled to surrender the
documents in his possession without prior proof
that his fees have been duly satisfied.
c. Fees and controversies with clients
(Quantum Meruit)
Q:
a. Explain the doctrine of quantum meruit
in determining the amount of attorney’s
fees.
b. Identify the factors to be considered in
determining attorney’s fees on a
quantum meruit basis. (2018, 2015,
2014, 2007, 1998 BAR)
However, Atty. Jarencio here cannot appropriate
the sum of 20,000.00. If there is a dispute between
him and Harold as to the amount of the fees that he
can collect, he must file an action for the recovery
of his fee or record a charging lien so that the court
can fix the amount to which he is entitled.
A:
a. Quantum meruit means as much as the
Q: The vendor filed a case against the vendee for
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
31
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Legal and Judicial Ethics
services of a lawyer are worth. Recovery of
attorney’s fees on the basis of quantum
meruit is authorized when:
A: This is a champertous fee agreement because
Atty. B agreed to defray all the expenses of the
action and will be paid only if he is successful in
recovering A’s property. Atty. B cannot enforce it
because it is contrary to public policy and the ethics
of the legal profession. The remedy of A is to file an
action to have the agreement declared null and
void, or simply to refuse to pay attorney’s fees to
Atty. B on the basis of the said agreement. On the
other hand, Atty. B will still be entitled to collect
attorney’s fees on a quantum meruit basis. He may
bring an action to collect such fees.
1. There is no express contract for the
payment of attorney’s fees;
2. Although there is a contract, the fees
stipulated are found unconscionable
by the court;
3. The contract is void due to formal
defects of execution;
4. The lawyer was not able to finish the
case for justifiable cause;
5. The lawyer and the client disregard the
contract for attorney’s fees; and
6. The client dismissed his counsel or the
latter withdrew, for valid reasons.
Q: Discuss the propriety of a lawyer filing a suit
against his client concerning his fees. (1998
BAR)
A: Rule 20.04 of the Code of Professional
Responsibility provides that “a lawyer shall avoid
controversies with his clients concerning his
compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.” The
legal profession is not a money- making trade but a
form of public service. Lawyers should avoid giving
the impression that they are mercenary (Perez v.
Scottish Union and National Insurance Co., 76 Phil.
325). It might even turn out to be unproductive for
him for potential clients are likely to avoid a lawyer
with a reputation of suing his clients.
b. The factors are those set in Rule 20.01 of the
Code of Professional Responsibility (CPR),
as follows:
1. the time spent and the extent of the
services rendered or required;
2. the novelty and difficulty of the
questions involved;
3. the importance of the subject matter;
4. the skill demanded;
5. the probability of losing other
employment as a result of acceptance of
the proffered case;
6. the customary charges for similar
services and the schedule of fees of the
IBP chapter to which he belongs;
7. the amount involved in the controversy
and the benefits resulting to the client
from the service;
8. the contingency or certainty of
compensation;
d. Concepts of Attorney’s fees
Extraordinary concept
Q: A real estate company, elated over the
decision in a case regarding a dispute over a
personal matter between its top sales
representative and his neighbor, gifted Atty. O,
who represented its sales representative in the
litigation, with a 240- square-meter lot in its
newly developed subdivision. The case handled
by Atty. O had nothing to do with the sales
representative in the litigation, with a 240
square-meter lot in its newly developed
subdivision. The case handled by Atty. O had
nothing to do with the sales representative's
work for the real estate company. The latter's
offer of the lot, which Atty. O accepted, was in
consideration of its sales representative’s
being the firm's Number One salesman. Was
there a breach of the Code of Professional
Responsibility by Atty. O when he accepts the
240 square- meter lot? (1997 BAR)
9. the character of the employment,
whether occasional or established; and
10. the professional standing of the lawyer.
Q: Define champerty. (2017, 2000 BAR)
A: Champerty is any agreement by a lawyer to
conduct the litigation in his own account, to pay the
expenses thereof or to save his client therefrom
and to receive as his fee a portion of the proceeds
of the judgment. It is contrary to public policy as it
violates the fiduciary relationship between the
lawyer and his client. (Spouses Cadavedo v. Lacaya,
G.R. No. 173188, January 15, 2014)
Q: A inherited a parcel of land situated in
Batasan Hills which is occupied by informal
settlers. He wants to eject the occupants, but he
has no financial means to pursue the ejectment
case. He contracted the services of Atty. B, who
agreed to defray all the expenses of the suit on
the condition that he will be paid one-half (1/2)
of the property to be recovered as his
compensation.
A: Rule 20.03 of the Code of Professional
Responsibility provides that a lawyer shall not,
without the full knowledge and consent of the
client, accept any fee, reward, costs, commission,
interests, rebate of forwarding allowance or other
compensation whatsoever related to his
professional employment from anyone other than
the client.
There should be no room for suspicion on the part
of the client that his lawyer is receiving
compensation in connection with the case from
third persons with hostile interests (Report of IBP
Committee, p. 112). Even if the secret compensation
comes from a friendly person, if the act is
discovered, it is bound to create dissension in the
What is the kind of attorney’s fees? Can Atty. B
enforce this contract against A? What are the
respective remedies relative to the collection of
attorney’s fees, if any, of A and Atty. B against
each other? (2014, 2010, 1988 BAR)
32
QuAMTO (1987-2019)
client-lawyer relationship. Worse, the lawyer will
be able to enrich himself by receiving more than
what is due him as attorney’s fees. (Pineda. Legal &
Judicial Ethics, 1995 ed. p. 243)
Prohibited disclosures and use
Q:
A. Brando & Luzon Law Office had a retainer
agreement with Gregory, a businessman
with shady connections. Gregory was
recently charged in the RTC in Manila with
money laundering in relation to an illegal
drugs syndicate using Cable Co., his holding
company, as its money-laundering conduit.
The members of the Brando & Luzon Law
Office assigned to handle Gregory's account,
including yourself, were implicated in the
money laundering case for their role in the
incorporation of Cable Co. and in the active
management of its business affairs. In a bid
to fortify the case against Gregory and the
others, the public prosecutor approaches
you (as the least guilty person who will
qualify for a discharge as a state witness)
and offers to make you a state witness.
Should you accept the offer? Explain your
answer.
B. Under the facts of the preceding question,
assume that you had resigned from the
Brando & Luzon Law Office prior to the filing
of the money laundering case against
Gregory and the others, and that you were
not implicated in the case. However, you had
assisted in handling the Cobra Co. account
during your time with the law firm. Cobra Co.
was largely owned by Cable Co.
ALTERNATIVE ANSWER:
The gift of the real estate company does not come
from the adverse party, hence, there is no violation
of the lawyer is duty of loyalty to his clients. The
property given was not his client's property
involved in the litigation. Hence, it does not violate
Article 1491 of the Civil Code. The lawyer's
acceptance of the gift is proper. However, it would
be better if he informs his client.
Q: Deciding a case for malicious prosecution,
Judge Sales awarded attorney's fees and
expenses of litigation, in addition to exemplary
damages, to the plaintiff.
a. Did the judge act within his discretion in
awarding attorney's fees
b. As counsel for the plaintiff, are you entitled
to receive the attorney's fees thus awarded
in addition to your stipulated legal fees?
(1994 BAR)
A:
a. A party may recover attorney's fees in cases of
malicious prosecution against him in an action
for damages against the party responsible
therefore (Art. 2208 (3), Civil Code). But he must
prove not only that he was acquitted in the
criminal action, but that the person who
charged him knowingly made a false statement
of facts to induce the prosecutor to prosecute or
that the institution of the criminal action was
prompted by a sinister design to vex or
humiliate him and to cast upon him dishonor
and disgrace.
b. NO. Attorney’s fees in the concept or as an item
of damages is an indemnity for damages
sustained by the client, and belongs to him.
The public prosecutor handling the case
against Gregory and the others asks you, as a
former member of the Brando & Luzon Law
Office, to help strengthen the case for the
Government, and hints that you may be
implicated in the case if you do not
cooperate. What is your legal and ethical
course of action? Explain your answer.
(2017, 2013 BAR)
A:
A. NO. The information acquired involving the
criminal case against Gregory is covered by the
privileged communications rule. Rule 15.02 of
the Code of Professional Responsibility
provides that “A lawyer shall be bound by the
rule on privilege communication in respect of
matters disclosed to him by a prospective
client.” There being a lawyer-client relationship
between the parties, the lawyer cannot serve as
a state witness and disclose the information
obtained from his client.
Q: A, after taking his oath as a lawyer in 1985,
was maliciously charged with the crime of
seduction by Amor, his former girlfriend. Her
parents instigated the filing of the case. A
appeared for and defended himself. In the
decision acquitting him, the court explicitly
stated that he was a victim of malicious
prosecution. A then filed a complaint for
damages and attorneys against Amor and her
parents. A likewise appeared for himself in
the case. Can her recover attorney’s fees?
(1991 BAR)
B. Decline to testify against the defendants and to
provide evidence in the case as the attorneyclient privilege lasts even beyond the
termination of the relationship.
A: NO. Attorney A is not entitled to attorney's fees.
He may, however, be entitled to attorney’s fees in
the form of damages upon proof of bad faith of the
defendant and a definite ruling be made by the
court on the claim.
The duty of a lawyer to preserve his client’s
secrets and confidence outlasts the termination
of the attorney-client relationship, and
continues even after the client’s death.
(Mercado v. Vitriolo, A.C. No. 5108, May 26, 2005)
PRESERVATION OF
CLIENT’S CONFIDENCES
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
33
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BAR OPERATIONS
Legal and Judicial Ethics
Q: 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.
confessed that he killed the victim in cold
blood. Vicente also said that when he takes the
witness stand, he will deny having done so. Is
Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge (a) that his client is
guilty? (2009 BAR)
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? (1999 BAR)
Disclosure, when allowed
A: Atty. Romualdo cannot reveal to the judge that
Vicente is guilty. He is bound to keep what Vicente
told him in confidence, because that is an
admission of a crime already committed.
Q: When Atty. Romualdo interviewed his client,
Vicente, who is accused of murder, the latter
confessed that he killed the victim in cold
blood. Vicente also said that when he takes the
witness stand, he will deny having done so. Is
Atty. Romualdo obliged, under his oath as
lawyer, to inform the judge that (b) his client
will commit perjury on the witness stand?
Explain. (2009 BAR)
A: Atty. Romualdo can reveal to the judge that
Vicente will commit perjury on the witness stand.
This is already a revelation of a crime still to be
committed, and that lies outside the mantle of
privileged communication.
A: 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
A did 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], Rule 130, 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.
Q: Atty. Serafin Roto is the Corporate Secretary
of a construction corporation that has secured
a multi-million infrastructure project from the
government. In the course of his duties as
corporate secretary, he learned from the
company president that the corporation had
resorted to bribery to secure the project and
had falsified records to cut implementing costs
after the award of the project.
The government filed a civil action to annul the
infrastructure contract and has subpoenaed
Atty. Roto to testify against the company
president and the corporation regarding the
bribery. Atty. Roto moved to quash the
subpoena, asserting that lawyer- client
privilege prevents him from testifying against
the president and the corporation.
COMMENT: There seems to be a typographical
error in the last sentence which refers to Atty. A.
Perhaps, the examiner intended to refer to simply
A or to his counsel Atty.D. It is recommended that
the use by the candidate of Atty. A should not
detract from the appreciation of his answer.
Resolve the motion to quash. (2013 BAR)
Q: Christine was appointed counsel de oficio for
Zuma, who was accused of raping his own
daughter. Zuma pleaded not guilty but
thereafter privately admitted to Christine that
he did commit the crime charged. Can Christine
disclose the admission of Zuma to the court?
Why or why not? (2008 BAR)
A: Motion denied. The motion should be denied
because Atty. Roto did not learn of the bribery and
falsification in connection with a lawyer- client
relation. Being a corporate secretary does not
create
a
lawyer-client
relation
because
membership to the Bar is not a requirement to
perform the functions of a corporate secretary.
Consequently, Atty. Roto does not owe any
obligation of confidentiality to the corporation.
A: Christine cannot disclose the admission of Zuma
to the Court. If she does so, she will violate her
obligation to preserve confidences or secrets of her
client (Canon 21, Rule 21.02, CPR). The privileged
communication between lawyer and client may be
used as a shield to defend crimes already
committed.
Atty. Roto may be compelled to testify. As an officer
of the court, a “lawyer shall exert every effort and
consider it his duty to assist in the speedy and
efficient administration of justice” (Code of
Professional
Responsibility,
Canon
12).
Furthermore, “a lawyer owes candor, fairness and
good faith to the court.” (Ibid., Canon 10)
Q: When Atty. Romualdo interviewed his client,
Vicente, who is accused of murder, the latter
ALTERNATIVE ANSWER:
34
QuAMTO (1987-2019)
Motion Granted. It is true that being a corporate
secretary does not necessarily constitute a lawyerclient relationship. However, Atty. Roto may be
considered in the practice of law if part of his duties
as a corporate secretary is to give legal advice to or
prepares legal documents for the corporation.
Thus, a lawyer-client relationship may have been
constituted between Atty. Roto and the
corporation. Consequently, it is his duty as an
attorney “to maintain inviolate the confidence, and
at every peril to himself, to preserve the secrets of
his client.” (Rules of Court, Rule 138, Sec. 20, par. E,
paraphrasing and arrangement supplied)
a. What are the legal and moral obligations of
Atty. Carlos Malillin to his client and to the
authorities, under the given circumstances?
b. Should the planned “accident” take place and
the only witness for the prosecution be killed
as a result, is Atty. Carlos Malillin under any
obligation to disclose to the authorities the
plan that his client had mentioned to him as
above mentioned? Reasons. (1988, 1987
BAR)
A:
a. Attorney Malillin has the moral and legal
obligation to advise the army officer not to
execute his plan. If the accused army officer does
not abide by his advise, Atty. Malillin should
withdraw from the case.
b. Atty. Malillin has the obligation to testify in said
case if he is called upon by the Court to do so.
The obligation of the lawyer to keep the secrets
of his client obtained in the course of his
employment covers only lawful purposes.
Atty. Roto learned from the company president of
the bribery and falsification, while Atty. Roto was in
the course of his performance of his duties as
corporate secretary. Thus, he could not be
examined on that matter without the consent of his
client. [Ibid., Rule 130, Sec. 24(b)]
Q: 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.
Withdrawal of services
Q: Give three instances when a lawyer is
allowed to withdraw his/her services. (2015,
1997, 1988 BAR)
a. What are the moral and legal obligations of
an attorney to the mayor and to the
authorities?
b. 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? (1998 BAR)
A: (Any three of the following:)
1.
2.
A:
3.
a. 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.
b. 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,
notwithstanding 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.
4.
5.
6.
7.
Q: B hired Atty. Z to file a replevin case against
C for an agreed acceptance fee of P30,000.00
which was evidenced by a written contract.
After the complaint was filed by Atty. Z, B
terminated his services and hired a new lawyer
for the same amount of attorney’s fees. How
much attorney’s fees is Atty. Z entitled? (2014
BAR)
Q: In a prosecution for murder against a ranking
army officer, the latter engaged the services of
Atty. Carlos Malilin, a well- known trial lawyer,
to whom the officer in one of their conferences
disclosed a plan to “eliminate” or “salvage”—
i.e., kill or otherwise cause to disappear— the
only witness, a fellow military officer, through a
contrived traffic or highway accident.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
When the client pursues an illegal or immoral
course of conduct in connection with the
matter he is handling;
When the client insists that the lawyer
pursue conduct violative of these canons and
rules;
When his inability to work with co-counsel
will not promote the best interest of the
client;
When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;
When the client deliberately fails to pay the
fees for the services or fails to comply with
the retainer agreement;
When the lawyer is elected or appointed to a
public office;
Other similar cases.
A: Atty. Z is entitled to the entire amount of the
attorney’s fees agreed upon because his services
were terminated by the client without just cause.
(Sec. 26, Rule 138, Rules of Court)
Q: Atty. Bravo represents Carlos Negar (an
insurance agent for Dormir Insurance Co.) in a
suit filed by insurance claimant Andy Limot
35
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BAR OPERATIONS
Legal and Judicial Ethics
who also sued Dormir Insurance. The insurance
policy requires the insured/claimant to give a
written notice to the insurance company or its
agent within 60 days from the occurrence of the
loss.
Under the given facts, is the defense lawyer
legally justified in seeking withdrawal from the
case? Why or why not? Reason briefly. (2004
BAR)
A: YES, he is justified. Under Rule 22.01 of the Code
of Professional Responsibility, a lawyer may
withdraw his services "if the client insists that the
lawyer pursue conduct violative of these canons
and rules". The insistence of the client that the
lawyer present witnesses whom he personally
knows to have been perjured, will expose him to
criminal and civil liability and violate his duty of
candor, fairness and good faith to the court.
Limot testified during the trial that he had
mailed the notice of the loss to the insurance
agent, but admitted that he lost the registry
receipt so that he did not have any
documentary evidence of the fact of mailing
and of the timeliness of the mailed notice.
Dormir Insurance denied liability, contending
that the timely notice had not been given either
to the company or its agent. Atty. Bravo’s client,
agent Negar, testified and confirmed that he
never received any notice.
Q: Atty. Jessa was the counsel for Mr. Nolan, a
cantankerous millionaire, in the latter's
personal case. Soon after the case was
submitted for decision, Mr. Nolan withdrew the
files from Atty. Jessa and informed her that he
was engaging another lawyer. On that same
day, a copy of the decision in the case was
received by Atty. Jessa but she did not do
anything anymore with the decision. She did
not also file a withdrawal of her appearance.
Mr. Nolan's new counsel did not file any notice
of his appearance. By the time Mr. Nolan found
out about the adverse decision, his period to
appeal had lapsed. Was the service of the
decision on Atty. Jessa still effective? Explain
your answer. (2017, 2012 BAR)
A few days after Negar testified, he admitted to
Atty, Bravo that he had lied when he denied
receipt of Limot’s notice, he did receive the
notice by mail but immediately shredded it to
defeat Limot’s claim.
If you were Atty. Bravo, what would you do in
light of your client’s disclosure that he perjured
himself when he testified? (2013 BAR)
A: If I were Atty. Bravo I shall promptly call upon
Carlo Negar, my client, to rectify his perjured
testimony by recanting the same before the court.
A: YES. The service of decision to Atty. Jessa is still
effective. Atty. Jessa is still considered the counsel
of record until his withdrawal of appearance has
been actually filed and granted.
Should he refuse or fail to do so I shall then
terminate my relationship with him (Code of
Professional Responsibility, Canon 19, Rule 19.02)
stating that with his having committed perjury he
pursued an illegal conduct in connection with the
case (Ibid., Canon 22, Rule 22.01). Since my client
Limot refuses to forego the advantage thus unjustly
gained as a result of his perjury, I should promptly
inform the injured person or his counsel, so that
they may take the appropriate steps. (Canons of
Professional Ethics, Canon 41)
Q: State the rule on (a) the right of the client to
dismiss his lawyer and (b) the prerogative of a
lawyer to withdraw as counsel. (2018,
1998,1994, 1989 BAR)
A:
a. A client has the right to dismiss his lawyer at any
time, with or without just cause. The existence
or non-existence of just cause is material only
for determining the right of the lawyer to
compensation for services rendered. The
client's right to terminate the lawyer's services
springs from the strictly personal and highly
confidential nature of the relationship between
the lawyer and the client. Once the client loses
confidence in his lawyer, he has the right to
dismiss him.
b. On the other hand, the lawyer does not have an
unqualified right to withdraw as counsel. As an
officer of the court, he may not withdraw or be
permitted to withdraw as counsel if such
withdrawal will work injustice to a client or
frustrate the ends of justice. A lawyer may
withdraw at any time with his client's written
consent. Without such consent, he may
withdraw his services only for good cause and
upon notice appropriate in the circumstances
(Canon 22, Code of Professional Responsibility).
Finally, as part of my duty to do no falsehood, nor
consent to the doing of any in court (Code of
Professional Responsibility, Canon 10, Rule 10.01,
and the Attorney’s oath). I shall file a manifestation
with the court attaching thereto the notice of
termination as Limot’s counsel.
Q: On the eve of the initial hearing for the
reception of evidence for the defense, the
defendant and his counsel had a conference
where the client directed the lawyer to present
as principal defense witnesses two persons
whose testimonies were personally known to
the lawyer to have been perjured. The lawyer
informed his client that he refused to go along
with the unwarranted course of action
proposed by the defendant. But the client
insisted on his directive, or else he would not
pay the agreed attorney’s fees.
When the case was called for hearing the next
morning, the lawyer forthwith moved in open
court that he be relieved as counsel for the
defendant. Both the defendant and the
plaintiff’s counsel objected to the motion.
Duties of lawyers in case of death of parties
represented
Q: The plaintiff died during the pendency of the
case in the RTC. If you were the counsel of the
36
QuAMTO (1987-2019)
plaintiff, what is the last duty you need to
discharge on behalf of the late client before
your professional engagement for the case may
be deemed terminated? Explain briefly your
answer. (2017 BAR)
Q: A proceeding for disbarment is considered
sui generis, explain briefly, giving at least five
(5) reasons in support of your answer. (2002
BAR)
A:
A disbarment proceeding is sui generis or a class by
itself, because of the following reasons:
A: Where the claim is not extinguished due to the
death of my client, my last duty to him shall be to
inform the court in which his case is pending,
within thirty (30) days after such death, and to give
the name and address of his legal representative or
representatives. (1st par., Sec. 16, Rule 3, Rules of
Court)
_________________________________________________________
a. It is neither a civil nor a criminal
proceeding;
b. Double jeopardy cannot be availed of as a
defense;
c. can be initiated motu proprio by the
Supreme Court or by the IBP;
d. It can proceed regardless of interest or
lack of interest of the complainant;
e. It is imprescriptible;
f. It is confidential;
g. It is in itself due process.
SUSPENSION, DISBARMENT AND DISCIPLINE
OF LAWYERS (RULE 139-B, RULES OF COURT)
__________________________________________________________
NATURE AND CHARACTERISTICS OF
DISCIPLINARY ACTIONS AGAINST LAWYERS
Q: Alleging that Atty. Malibu seduced her when
she was only sixteen (16) years old, which
resulted in her pregnancy and the birth of a
baby girl, Miss Magayon filed a complaint for his
disbarment seven years after the alleged
seduction was committed.
Sui generis
Q: Is the defense of Atty. R in a disbarment
complaint for immorality filed by his paramour
P that P is in pari delicto material or a ground
for exoneration? Explain. (2010 BAR)
Atty. Malibu contended that, considering the
period of delay, the complaint filed against
him can no longer be entertained much less
prosecuted because the alleged offense has
already prescribed.
A: The defense of in pari delicto is immaterial in an
administrative case which is sui generis. The
administrative case is about the lawyer’s conduct,
not the woman’s (Mortel v. Aspiras, 100 Phil. 586
[1956]; Po Cham v. Pizarro, 467 SCRA 1 [2005];
Marjorie F. Samaniego v. Atty. Andrew V. Ferrer, 555
SCRA 1 [2008])
Is Atty. Malibu’s contention tenable or not?
Reason briefly. (2018, 2017, 2004 BAR)
A: NO. Atty. Malibu’s contention is not tenable.
The ordinary statute of limitations has no
application to disbarment proceedings. (Calo v.
Degamo, A.C. No. 516, June 27, 1967)
Q: Arabella filed a complaint for disbarment
against her estranged husband Atty. P on the
ground of immorality and use of illegal drugs.
After Arabella presented evidence and rested
her case before the Investigating Commissioner
of the IBP Committee on Bar Discipline, she filed
an Affidavit of Desistance and motion to dismiss
the complaint, she and her husband having
reconciled for the sake of their children.
Disciplinary proceedings against lawyers are sui
generis. They are neither civil nor criminal
proceedings. Its purpose is not to punish the
individual lawyer but to safeguard the
administration of justice by protecting the court
and the public from the misconduct of lawyers
and to remove from the profession of law persons
whose disregard of their oath of office proves
them unfit to continue discharging the trust
reposed in them as members of the bar. Unlike
ordinary proceedings, it is not subject to the
defense of prescription.
You are the Investigating Commissioner of the
IBP. Bearing in mind that the family is a social
institution which the State is duty- bound to
preserve, what will be your action on Arabella’s
motion to dismiss the complaint? (2010 BAR)
A: I would still deny the motion to dismiss. The
general rule is that “no investigation shall be
interrupted or terminated by reason of the
desistance, settlement, compromise, restitution,
withdrawal of the charges or failure of the
complainant to prosecute the same unless the
Supreme Court motu proprio or upon
recommendation of the IBP Board of Governors
determines that there is no compelling reason to
continue with the proceedings. An administrative
investigation of a lawyer is sui generis, neither a
civil nor criminal proceeding. An affidavit of
desistance has no place in it.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
Q: Alleging that Atty. Frank had seduced her
when she was only 16 years old, and that she
had given birth to a baby girl as a result,
Malen filed a complaint for his disbarment
seven years after the birth of the child
charging that he was a grossly immoral
person unworthy and unfit to continue in the
Legal Profession. In his comment, Atty. Frank
argued that the complaint for disbarment
should be dismissed because of prescription.
Explain whether or not Atty.
argument is justified. (2017 BAR)
37
Frank's
UST
BAR OPERATIONS
Legal and Judicial Ethics
A: Atty. Frank’s defense of prescription is not
justified. Disbarment is imprescriptible. In
addition, administrative proceedings against a
lawyer are sui generis, being neither civil nor
criminal action. The ordinary statutes of
limitation have no application to disbarment
proceedings. (Calo Jr. v. Degamo, A.C. No. 516,
1967) The purpose of such proceedings is not to
punish the individual lawyer but to safeguard the
administration of justice by protecting the court
and the public from the misconduct of lawyers
and to remove from the profession of law persons
whose disregard of their oath of office proves
them unfit to continue charging the trust reposed
in them as members of the bar.
proceedings here in the Philippines? (2018,
2014, 2006, 2002 BAR)
A: Atty. Forma may be disbarred in the Philippines
if the ground for his disbarment in New York is also
a ground for disbarment in this country. But he is
still entitled to due process of law, and the foreign
court’s judgment against him only constitutes
prima facie evidence of unethical conduct as a
lawyer. He is entitled to be given an opportunity to
defend himself in an investigation to be conducted
in accordance with Rule 139 of the Revised Rules
of Court (In Re: Suspension from the Practice of Law
in the Territory of Guam of Atty. Leon Maquera, B.M.
793, July 30, 2004; Velez v. De Vera, A.C. No. 6697,
July 25, 2006)
Q: C filed a verified administrative complaint
against Atty. D. In the course of the
investigation, C presented an affidavit of
desistance which she identified on the
witness stand. What course of action should
the investigator take? Explain. (2000 BAR)
Q: Cliff and Greta were law school sweethearts.
Cliff became a lawyer, but Greta dropped out.
One day, Cliff asked Greta to sign a marriage
contract. The following day, Cliff showed Greta
the document already signed by an alleged
solemnizing officer and two witnesses. Cliff
then told Greta that they were already married
and Greta consented to go on a honeymoon.
Thereafter, the couple cohabited and begot a
child. Two years later, Cliff left Greta and
married a Venezuelan beauty. Incensed, Greta
filed a disbarment complaint against Cliff. Will
the case prosper? Explain. (2009 BAR)
A: The investigator should continue with the
investigation. A disbarment proceeding is sui
generis, neither a civil nor criminal action. As such,
a desistance by the complainant is unimportant.
The case may proceed regardless of interest or lack
of interest of the complainant (Rayos-Ombac v.
Rayos, 285 SCRA 93 [1998]). If the evidence on
record warrants, the respondent may be
suspended or disbarred regardless of the
desistance of the complainant. Of course, if the
complainant refuses to testify and the charges
cannot then be substantiated, the court will have
no alternative but to dismiss the case.
A: The disbarment case will prosper. In the case of
Cabrera v. Agustin (106 Phil. 256 [1959]), a lawyer
who deceived a woman to believe that they were
already married after they had signed an
application for a marriage license, and afterwards
took advantage of her belief to satisfy his lust, until
she bore him a child, was considered by the
Supreme Court to be lacking in integrity and good
moral character to remain a member of the bar.
Grounds
Q: What are the grounds for disbarment or
suspension from office of an attorney? (2015
BAR)
Q: Atty. Walasunto has been a member of the
Philippine Bar for twenty (20) years but has
never plied his profession as a lawyer. His sole
means of livelihood is selling and buying real
estate. In one of his transactions as a real estate
broker, he issued a bouncing check. He was
criminally prosecuted and subsequently
convicted for violating B.P. Big. 22. In the
disbarment proceedings filed against him, Atty.
Walasunto contended that his conviction for
violation of B.P. Big. 22 was not a valid ground
for disciplinary action against a member of the
bar. He further argued that his act in issuing the
check was done in relation to his calling as a
real estate broker and not in relation to the
exercise of the profession of a lawyer.
A: Under Sec. 27, Rule 138, the grounds for
suspension or disbarment of a lawyer are “any
deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by reason
of conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required
to take before admission to practice, or for a willful
disobedience appearing as an attorney for a party
or to a cause without authority to do so.” The
practice of soliciting cases for the purposes of gain,
either personally or through paid agents or
brokers constitutes malpractice.
Q: Atty. Forma is a member of the Philippine
Bar. He went to New York City, took the New
York State Bar, and passed the same. He then
practiced in New York City. One of his American
clients filed a case for disbarment against him
for pocketing the money which was entrusted
to him as payment for the filing fee and other
incidental expenses of his damage suit. Atty.
Forma was later disbarred for dishonesty.
Disheartened, Atty. Forma came back to the
Philippines and practiced as a lawyer.
Are the contentions of Atty. Walasunto
meritorious or not? Reason. (2004, 1992 BAR)
A: NO. His contentions are not meritorious. In the
first place, a ground for disbarment is conviction of
a crime involving moral turpitude (Sec. 27, Rule 138,
Rules of Court), and the violation of B.P. 22 is
considered to be a crime involving moral turpitude
(People v. Tuanda, 181 SCRA 692 [1990]). In the
second place, Rule 7.03 of the Code of Professional
Responsibility provides that “a lawyer shall not
engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in
Will his disbarment in New York be used
against him for purposes of disbarment
38
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public or private life, behave in a scandalous
manner to the discredit of the legal profession.”
Additionally, Rule 1.01 of the same Code provides
that “a lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct."
a Regional Trial Court may suspend a lawyer from
the practice of law for any of the causes provided in
Section 27, until further action of the Supreme
Court. But it may not disbar him, for only the
Supreme Court can disbar a lawyer pursuant to its
constitutional power to admit persons to the
practice of law.
Q: The agreement between the estranged
husband and wife provided for, among others,
the liquidation of the conjugal partnership of
gains, custody of the children, and support for
the children. In the same agreement, the couple
waived the right to prosecute each other for
bigamy, adultery, concubinage and whatever
acts of infidelity. There was also a condonation
provision. The agreement was prepared and
notarized by a lawyer who was the best man at
the wedding. What are the liabilities, if any, of
this lawyer? Explain your answer. (1989 BAR)
Q: Atty. Hyde, a bachelor, practices law in the
Philippines. On long weekend, he dates
beautiful actresses in Hong Kong. Kristine, a
neighbor in the Philippines, filed with the
Supreme Court an administrative complaint
against the lawyer because of sex videos
uploaded through the internet showing Atty.
Hyde’s sordid dalliance with the actresses in
Hong Kong.
In his answer, Atty. Hyde (1) questions the legal
personality and interest of Kristine to institute
the complaint and (2) insists that he is a
bachelor and the sex videos relate to his private
life which is outside public scrutiny and have
nothing to do with his law practice.
A: The document executed by the spouses is
immoral and contrary to law. The lawyer who
drafted and notarized all said documents
committed malpractice and can be disbarred or
suspended. Although the principal duty of the
notary public is to ascertain the identity of the
parties and the voluntariness of the declaration, it
is nevertheless incumbent upon him to guard
against any illegal or immoral agreement.
Rule on the validity of Atty. Hyde’s defenses.
(2009 BAR)
A:
Proceedings
a. The legal personality and interest of Kristine
to initiate the complaint for disbarment is
immaterial. A disbarment proceeding is sui
generis, neither a civil nor a criminal
proceeding. Its sole purpose is to determine
whether or not a lawyer is still deserving to be
a member of the bar. In a real sense, Kristine
is not a plaintiff; hence, interest on her part is
not required.
Q: A disbarment complaint against a lawyer was
referred by the Supreme Court to a Judge of the
Regional Trial Court for investigation, report
and recommendation. On the date set for the
hearing of the complaint, the Judge had the case
called for trial in open court and proceeded to
receive evidence for the complainant. What
would you have done if you were the counsel for
the respondent-lawyer? Why? Reason briefly.
(2004 BAR)
b. Atty. Hyde’s second defense is untenable. His
duty not to engage in unlawful, dishonest,
immoral and deceitful conduct under Rule
1.01 of the CPR, as well as his duty not to
engage in scandalous conduct to the discredit
of the legal profession under Rule 7.03, is
applicable to his private as well as to his
professional life.
A: I would object to the holding of a trial in public.
Disciplinary proceedings against an attorney are
confidential in nature until its termination. The
professional success of a lawyer depends almost
entirely on his good reputation. If that is tarnished,
it is difficult to restore the same (Ibanez v. Vina, 107
SCRA 607 [1981]). To avoid the unnecessary ruin of
a lawyer’s name, disbarment proceedings are
directed to be confidential until their final
determination. (Sec. 18, Rule 139-B, Rules of Court)
Q: Y hired Attorney X to represent him in a
collection case he filed against Z. The parties
later on agreed to settle the case and Z turned
over to Attorney X the amount of P25,000.00
as partial settlement of his obligation.
Attorney X kept the money. Y, upon learning
of Attorney X’s action, filed a disbarment case
against the latter before the Supreme Court,
which in turn, referred the case to the
Integrated Bar of the Philippines for
investigation, report and recommendation.
Q: Atty. D was required by Judge H of the
Regional Trial Court (RTC) of Manila to show
cause why he should not be punished for
contempt of court for shouting invectives at the
opposing counsel and harassing his witness.
Assuming that there was sufficient cause or
ground, may Judge H suspend Atty. D from the
practice of law? If Judge H finds that the
actuations of Atty. D are grossly unethical and
unbecoming of a member of the bar, may Judge
H disbar Atty. D instead?
The IBP Commissioner tasked to investigate
the case reviewed all the pleadings submitted
by Y and Attorney X and their respective
witnesses, and promptly made a report
recommending that Attorney X be suspended
for six months. The IBP Board of Governors
adopted the recommendation of the
Explain your answer. (2014 BAR)
A: Under Section 28, Rule 138 of the Rules of Court,
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Investigating Commissioner. Attorney X
assailed his suspension on the ground of an
impingement on his right to due process. Is
Attorney X's contention sustainable? Explain.
(2003 BAR)
against his lawyer, Atty. Co, following the
latter’s
conviction
for
estafa
for
misappropriating funds belonging to his client
(Ben). While the proceedings for disbarment
was pending, the President granted absolute
pardon in favor of Atty. Co. Atty. Co. then,
moved for the dismissal of the disbarment case.
Should the motion be granted? (1998 BAR)
A: There is no impingement on Attorney X’s right
to due process. The IBP Commissioner tasked to
investigate the case reviewed all the pleadings of
the parties and their respective witnesses. This
implies that Atty. A was given an opportunity to
present his side. Due process has been satisfied.
This is especially true if the principle of res ipsa
loquitur is applicable. (However, it may be noted
that the IBP Board of Governors is not authorized
to impose the penalty of suspension).
A: An absolute pardon by the President is one that
operates to wipe out the conviction as well as the
offense itself. The grant thereof to a lawyer is a bar
to a proceeding for disbarment against him, if such
proceeding is based solely on the fact of such
conviction (In Re: Parcasion, 69 SCRA 336). But
where the proceeding to disbar is founded on the
professional misconduct involved in the
transaction which culminated in his conviction, the
effect of the pardon is only to relieve him of the
penal consequences of his act and does not operate
as a bar to the disbarment proceeding, inasmuch
as the criminal acts may nevertheless constitute
proof that the attorney does not possess good
moral character. (In Re: Lontoc, 43 Phil. 293)
Q: A engaged the services of Atty. B to defend
him in a case for collection of sum of money
that was brought against him in the Municipal
Trial Court by D. Despite notice of the
scheduled dates of hearing, Atty. B failed to
appear much less to inform A about it. The
case was decided against A. It was only when
the adverse judgment was being executed
against him that A learned he had lost the
case. When he went to see counsel, Atty. B put
up the excuse that he was busy attending to
his cases which were more important than
A's. Before whom can A seek redress against
Atty. B who apparently was negligent in
attending his case? (1999 BAR)
Q: A verified complaint for disbarment was
filed against Atty. Cruz who was accused of
misappropriating funds belonging to the
complaint. The matter was referred to the IBP
which forthwith conducted an investigation
through its local chapter. During the pendency
of the investigation, the complainant filed an
Affidavit of Desistance claiming that Atty. Cruz
had already reimbursed him for the funds
which he had accused him of unlawfully
spending for his own use. Atty. Cruz moved for
the dismissal of the complaint.
A: He may file a verified complaint against Atty. B,
asking that he be administratively disciplined, with
either the Supreme Court, the Board of Governors
of the Integrated Bar of the Philippines (IBP), or the
EBP Chapter to which Atty. B belongs. (Sec. 1, Rule
139-B)
As the hearing officer, how will you act on the
motion of Atty. Cruz? (1994 BAR)
ADDITIONAL ANSWER:
A: The desistance of a complaint in a disbarment
proceeding or his withdrawal of the charges against
a lawyer does not deprive the court of the authority
to proceed to determine the matter. Nor does it
necessary result in the dismissal of the complaint,
except when, as a consequence of withdrawal or
desistance, no evidence is adduced to prove the
charges. Since a disbarment proceeding is neither a
civil nor a criminal action but one presented solely
for public interest, the fact that the complainant
and the respondent have considered the case
closed, is unimportant.
He may also file a complaint against Atty. B before
a Regional Trial Court or Municipal Trial Court,
depending on the amount involved, for damages he
may have sustained due to the latter's negligence.
Q: When Atty. Aldrin received copy of the
decision of the Court of Appeals, he filed a
motion for reconsideration using intemperate
and disrespectful language with a subtle threat
that “knowingly rendering an unjust judgment
is punishable under the Revised Penal Code."
The Court of Appeals ordered him to explain
why he should not be cited in contempt of court.
Instead of complying, he submitted to the Court
of Appeals his Petition to Retire from the
practice of law which he immediately filed with
the Supreme Court after receiving the citation
for contempt. May he be allowed to retire from
the practice of law? (1998 BAR)
As hearing officer, I will deny the motion of Atty.
Cruz and continue the hearings.
Q: A lawyer charged his client P 10,000.00 for
filing fees pertaining to the complaint he filed in
court. He actually spent only P1,000,00. He did
not account for the balance.
Suppose that the lawyer should be charged, how
and where should the complaint be filed?
Explain your answer. (1990 BAR)
A: NO. A practicing lawyer and officer of the court
facing contempt proceedings cannot just be
allowed to voluntarily retire from the practice of
law which would negate the inherent power of the
court to punish him for contempt (Montecillo v.
Gica, 60 SCRA 234)
A: The client may file a verified complaint for
disbarment against his lawyer. His verified
complaint shall state clearly and concisely the facts
complained of and shall be supported by affidavits
of person or persons having personal knowledge of
Q: Ben filed proceedings for disbarment
40
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the facts therein alleged and/or by such documents
as may substantiate said facts. The client may file
the complaint directly with the Supreme Court, in
which case at least 18 copies thereof shall be filed,
and the Supreme Court may refer the complaint to
the IBP Board of Governors for appropriate action,
such as assigning the complaint to an investigator,
or to the Solicitor General or court officer or judge
for investigation when the interest of justice
requires. The client may, however, file his
complaint, in six copies, with the IBP Board of
Governors, which will then assign the case to an
investigator for investigation, or with the Secretary
of a local chapter of the IBP, which will in turn
transmit the same to the IBP Board of Governors for
assignment to an investigator. (Rule 139-B of the
Rules of Court)
Q: Atty. Perez was admitted as a member of the
New York Bar. While in Manhattan, he was
convicted of estafa and was disbarred.
Does his disbarment in New York a ground for
his automatic disbarment in the Philippines?
(2006 BAR)
A: The disbarment or suspension of a member of
the Philippine Bar by a competent court or other
disciplinary agency in a foreign jurisdiction where
he has also been admitted as an attorney is a
ground for his disbarment or suspension if the
basis of such action includes any of the acts
hereinabove enumerated.
The judgment, resolution or order of the foreign
court or disciplinary agency shall be primafacie
evidence of the ground for disbarment or
suspension. (pars. 2 & 3, Section 27, Rule 138, as
amended by Supreme Court Resolution, dated
February 13,1992)
Q: Atty. Celso Casis’ relationship with Miss Cory
Cerrada began when he represented her in
several criminal cases for estafa and violation
of B.P. 22. His expertise and diligence in
personally assisting and facilitating her release
on bail and other legal actions saved her from
many legal predicaments. Despite her initial
resistance, Miss Cerrada, convinced by Atty.
Casis’ sincerity and representation that he was
separated from his wife and was taking
necessary steps for the annulment of his
marriage, began to live with him openly as
husband and wife. One day, Atty. Casis’ wife
suddenly entered Miss Cerrada’s home and
assaulted her, inflicting injuries. Miss Cerrada
then filed a complaint with the IBP charging
Atty. Casis with gross immorality and gross
misconduct. However, shortly afterwards, upon
Atty. Casis’ pleas, Miss Cerrada filed a motion to
withdraw the complaint. The IBP had required
Atty. Casis to file an answer but he did not do so,
relying on Miss Cerrada’s withdrawal of the
complaint against him. Can the IBP continue to
investigate Atty. Casis and recommend the
imposition of sanctions against him, and for the
Court to impose sanctions, if warranted,
notwithstanding Miss Cerrada’s filing of the
motion to withdraw the complaint against him?
(2018 BAR)
Thus, the disbarment of Atty. Perez in New York for
estafa is a ground for his disbarment in the
Philippines. However, such disbarment in the
Philippines is not automatic. Atty. Perez is still
entitled to due notice and hearing. (In Re
Suspension from the Practice of Law in the Territory
of Guam of Atty. Leon G. Maquera, 435 SCRA 417
(2004])
Q: Atty. LA is a member of the Philippine Bar
and the California Bar in the United States. For
willful disobedience of a lawful order of a
Superior Court in Los Angeles, Atty. LA was
suspended from the practice of law in
California for one (1) year. May his suspension
abroad be considered a ground for disciplinary
action against Atty. LA in the Philippines? Why?
(2002 BAR)
A: The suspension of Atty. LA from the practice of
law abroad may be considered as a ground for
disciplinary action here if such suspension was
based on one of the grounds for disbarment in the
Philippines or shows a loss of his good moral
character, a qualification he has to maintain in
order to remain a member of the Philippine Bar.
A: YES. The IBP can continue to investigate Atty.
Casis. A disbarment proceeding is sui generis,
neither a civil or a criminal action. Not being a civil
action, the complainant is not a plaintiff nor the
respondent a defendant. It involves no private
interest and affords no redress for private
grievances. A disciplinary action is in reality an
investigation by the court into the misconduct of its
officer or an examination into his character.
Desistance or withdrawal of the disbarment case
does not exonerate the respondent. If the evidence
on record warrants, the respondent may be
suspended or disbarred despite the desistance of
the complainant or his withdrawal of the charges
(Rayos-Ombac v. Rayos, A.C. No. 2884, 285 SCRA 93,
January 28, 1988)
READMISSION TO THE BAR
LAWYERS WHO HAVE BEEN DISBARRED
Q: 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 oflaw as a legal
and logical consequence of the absolute
pardon. Is he entitled to reinstatement? (1994
BAR)
DISCIPLINE OF FILIPINO LAWYERS
PRACTICING ABROAD
A: An absolute pardon granted to a lawyer who has
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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)
5.
LAWYERS WHO HAVE BEEN REPATRIATED
Q: Atty. Repatriar, a law school classmate,
approached you on your 25th Class Reunion,
with questions on how he can resume the
practice of law in the Philippines. He left the
country in 1977 after two (2) years of initial
law practice, and migrated to the United States
where he was admitted to the practice of law in
the State of New York. He asks that you give him
a formal legal opinion on his query.
Q: The Faculty of the College of Law of the
University of the Philippines pleaded for
compassion on behalf of Atty. Juan Santos. The
Supreme Court had earlier found Atty. Santos
guilty of grave professional misconduct and
imposed upon him “an indefinite suspension,
leaving it to him to prove at some future and
opportune time that he shall have once again
regained the fitness to be allowed to resume the
practice of law as an officer of the court." Is the
plea of the Faculty for Atty. Juan Santos well
taken? Explain. (1993 BAR)
Outline briefly the steps and the supporting
legal reasons you would state in your legal
opinion on what Atty. Repatriar should do to
resume his Philippine practice. (2013 BAR)
A: The plea of the Faculty of Law of the University
of the Philippines asking compassion on behalf of
Atty. Juan Santos is not well taken. In order that a
lawyer who was disbarred can be reinstated, he
must show with convincing proof that he has good
moral character acquired through positive efforts,
honorable dealings and moral reformation as to be
fit to practice law again. Mere allegation of
compassion for a lawyer is not sufficient. In one
decision of the Supreme Court, in order that a
disbarred lawyer can be reinstated, he must prove
his good moral character as if he is applying for
admission to the bar.
A: Atty. Repatriar must prepare a sworn petition to
reacquire the privilege to practice law in the
Philippines. He should manifest in his petition his
desire to resume his law practice in the Philippines,
and he is not disqualified to practice law. The “right
to resume the practice of law” is not automatic.
R.A. No. 9225 provides that a person who intends
to practice his profession in the Philippines must
apply with the proper authority for a license or
permit to engage in such practice. It cannot be
overstressed that the practice of law is a privilege
burdened with conditions. It is so delicately
affected with public interest that it is both the
power and duty of the State (through this Court) to
control and regulate it in order to protect and
promote the public welfare.
Q: Mr. O was disbarred from the practice of law
in 2009 for gross immorality. Ten (10) years
later, at age 58, he asked for judicial clemency
and filed a petition for his reinstatement in the
Roll of Attorneys. Mr. O had asked forgiveness
from his children and maintained a cordial
relationship with his complainant wife. He also
submitted a certification from the parish priest
and members of the Integrated Bar of the
Philippines chapter to which he belongs of his
civic mindedness and good moral character.
Adherence to rigid standards of mental fitness,
maintenance of the highest degree of morality,
faithful observance of the legal profession,
compliance with the mandatory continuing legal
education requirement and payment of
membership fees to the Integrated Bar of the
Philippines (IBP) are the conditions required for
membership in good standing in the bar and for
enjoying the privilege to practice of law. Any
breach by a lawyer of any of these conditions
makes him unworthy of the trust and confidence
which the courts and client’s repose in him for the
continued exercise of his professional privilege”
(In Re: Petition to re- acquire the privilege to
practice law in the Philippines, Epifanio B. Muneses,
B.M. No. 2112, July 24, 2012)
Based on the guidelines for the reinstatement
of a disbarred lawyer, may Mr. O be reinstated
as a member of the Bar? Explain. (2019 BAR)
A: YES. O may be reinstated in the Roll of
Attorneys. The Court laid down the following
guidelines in resolving requests for judicial
clemency, to wit:
1.
2.
3.
4.
administrative and other relevant skills), as
well as potential for public service.
There must be other relevant factors and
circumstances that may justify clemency.
(Macarrubo v. Macarrubo, Adm. Case No. 6148,
January 22, 2013)
There must be proof of remorse and
reformation.
Sufficient time must have lapsed from the
imposition of the penalty to ensure a period
of reform.
The age of the person asking for clemency
must show that he still has productive years
ahead of him that can be put to good use by
giving him a chance to redeem himself.
There must be a showing of promise (such as
intellectual aptitude, learning or legal acumen
or contribution to legal scholarship and the
development of the legal system or
He should file the petition with the Supreme Court,
through the Bar Confidant accompanied by the
original or certified copies of the following
documents:
1. Showing that he is still a Filipino citizen. ”The
Court reiterates that Filipino citizenship is a
requirement for admission to the bar and is, in
fact, a continuing requirement for the practice
of law” (In Re: Petition to Re-acquire the
Privilege to Practice Law in the Philippines, B.M.
No. 2112, supra). Having retained Philippine
citizenship could be evidenced by the
42
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Philippine passport, the U.S. Green card
showing Philippine citizenship and U.S.
residency or other authentic documents which
the Supreme Court may require.
Is respondent entitled to resume the practice of
Law? Explain. (2010 BAR)
A: YES, as long as he observes the procedure laid
down in Petition for Leave to Resume Practice of
Law of Benjamin M. Dacanay (B.M. No. 1678,
December 17, 2007, 540 SCRA 424), to wit:
On the other hand, if Atty. Repatriar has lost his
Philippine citizenship, he must submit the
following:
a.
b.
c.
d.
a. Updating and payment in full of the annual
membership dues in the IBP;
b. Payment of the professional tax;
c. Completion of at least 36 credit hours of
mandatory continuing legal education; and,
d. Pre-taking of the lawyer’s oath.
__________________________________________________________
Petition for Re-Acquisition of Philippine
Citizenship;
Order (for Re-Acquisition of Philippine
citizenship);
Oath of Allegiance to the Republic of the
Philippines;
Identification Certificate (IC) issued by the
Bureau of Immigration.
NOTARIAL PRACTICE
(A.M. NO. 02-8-13-SC, AS AMENDED)
__________________________________________________________
The loss of Filipino citizenship means termination
of Atty. Repatriar’s membership in the bar; ipso
jure the privilege to engage in the practice of law.
Under R.A. No. 9225, natural- born citizens who
have lost their Philippine citizenship by reason of
their naturalization as citizens of a foreign country
are deemed to have re-acquired their Philippine
citizenship upon taking the oath of allegiance to
the Republic. Thus, a Filipino lawyer who becomes
a citizen of another country and later re- acquires
his Philippine citizenship under R.A. No. 9225,
remains to be a member of the Philippine Bar (B.M.
No. 2112, In re: Petition to re-acquire the privilege
to practice law in the Philippines, supra)
2.
3.
4.
5.
6.
POWERS AND LIMITATIONS
Q: Enumerate the instances when a Notary
Public may authenticate documents without
requiring the physical presence of the
signatories. (2010 BAR)
A:
1. If the signatory is old or sick or otherwise
unable to appear, his presence may be
dispensed with if one credible witness not
privy to the instrument and who is known
to the notary public, certifies under oath or
affirmation the identity of the signatory.
2. If two credible witnesses neither of whom is
privy to the instrument, not known to the
notary public but can present their own
competent evidence of identity, certify
under oath or affirmation to the identity of
the signatory.
3. In case of copy certification and issuance of
certified true copies.
Certification from the IBP indicating updated
payments of annual membership dues;
Proof of payment of professional tax; and
Certificate of compliance issued by the MCLE
Office. (Ibid.)
A certificate of good moral character
attested to by at least three (3) members of
the bar; and
A certification from the State Bar of New
York that Atty. Repatriar does not have any
previous or pending disciplinary action filed
against him before that body.
Q: Comment on the propriety of the acts of
the municipal judge who prepared and
notarized the following documents:
Q: After passing the Philippine Bar in 1986,
Richards practiced law until 1996 when he
migrated to Australia where he subsequently
became an Australian citizen in 2000. As he
kept abreast of legal developments, petitioner
learned about the Citizenship Retention and
Re-Acquisition Act of 2003 (Republic Act No.
9225), pursuant to which he reacquired his
Philippine citizenship in 2006. He took his oath
of allegiance as a Filipino citizen at the
Philippine Embassy in Canberra, Australia.
Jaded by the laid-back life in the outback, he
returned to the Philippines in December 2008.
After the holidays, he established his own law
office and resumed his practice of law.
a. a deed of absolute sale executed by two of
his friends;
b. an extrajudicial settlement of estate of his
cousins;
c. a memorandum of agreement between a
building contractor and a neighboring
municipality;
d. a memorandum of agreement between
another private contractor and the
municipality where he sits as judge. (1995
BAR)
A: Municipal Judges may not engage in notarial
work except as notaries public ex-officio. As
notaries public ex-officio, they may engage only in
notarization of documents connected with the
exercise of their judicial functions. They may not as
such notaries public ex-officio, undertake the
preparation and acknowledgment of private
documents, contracts and other acts of conveyance,
which bear no relation to the performance of their
Months later, a concerned woman who had
secured copies of Atty. Richards’ naturalization
papers with consular authentication, filed with
the Supreme Court an anonymous complaint
against him for illegal practice of law.
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functions as judges.
BAR)
However, taking judicial notice of the fact that
there are still municipalities which have neither
lawyers nor notaries public, the Supreme Court
ruled that MTC and MCTC Judges assigned to
municipalities or circuits with no lawyers or
notaries public may, in their capacity as notaries
public ex-officio, perform any act within the
competency of a regular notary public, provided
that: (1) all notarial fees charged be for the account
of the Government and turned to the municipal
treasurer and (2) certification be made in the
notarized documents attesting to the lack of any
lawyer or notary public of such municipality or
circuit (Balayon, Jr. vs. Ocampo, 218 SCRA 13)
A: Atty. Z may be held criminally liable for violating
Article 171 (Falsification by Public Officer) of the
Revised Penal Code, by making it appear that X and
Y appeared and acknowledged having executed
the deed of sale before him, when in fact they did
not so appear or acknowledged. He may also be
administratively liable for not obeying the laws of
the land (Canon 1, Code of Professional
Responsibility). Moreover, his jurisdiction as
notary is only in Quezon City.
Q: Jojo, a resident of Cavite, agreed to purchase
the lot owned by Tristan, a resident of Bulacan.
Atty. Agaton, Jojo’s lawyer who is also a notary
public, prepared the Deed of Sale and Jojo
signed the document in Cavite. Atty. Agaton
then went to Bulacan to get the signature of
Tristan. Thereafter, Atty. Agaton went back to
his office in Cavite where he notarized the Deed
of Sale. Is the notarization legal and valid?
Explain. (2016 BAR)
On the basis of the foregoing, I would say that the
propriety of the actuations of the municipal judge
in this problem depends on whether or not there
are notaries public available in his community. If
there are notaries available, his acts are improper.
Otherwise, they are proper, provided that the two
conditions mentioned above are complied with.
A: The Notarization is not legal and valid. Rule IV,
Section 2(b) of the 2004 Rules on Notarial Practice
provides that a person shall not perform a notarial
act if the person involved as signatory to the
instrument or document is not personally in the
notary’s presence at the time of notarization.
Tristan was not in Atty. Agaton’s presence when
the latter notarized the deed of sale in his office in
Cavite; moreover, Tristan signed in Bulacan which
is outside the Atty. Agaton’s territorial jurisdiction.
_________________________________________________________
JURISDICTION OF NOTARY PUBLIC AND PLACE
OF NOTARIZAZTION
Q: Atty. Sabungero obtained a notarial
commission. One Sunday, while he was at the
cockpit, a person approached him with an
affidavit that needed to be notarized. Atty.
Sabungero immediately pulled out from his
pocket his small notarial seal, and notarized
the document. Was the affidavit validly
notarized? Explain. (2009 BAR)
CANONS OF PROFESSIONAL ETHICS
__________________________________________________________
A: Section 2, Rule IV of the 2004 Rules on Notarial
Practice provides that a Notary Public shall not
perform a notarial act outside his regular place of
work, except in few exceptional occasions or
situations, at the request of the parties. Notarizing
in a cockpit is not one of such exceptions. The
prohibition is aimed to eliminate the practice of
ambulatory notarization. However, assuming that
the cockpit is within his notarial jurisdiction, the
notarization may be valid but the notary public
should be disciplined.
Q: Under the Code of Professional
Responsibility, what is the principal obligation
of a lawyer towards:
a. The legal professional and the
Integrated Bar?
b. His professional colleagues?
c. The development of the legal system?
d. The administration of justice?
e. His client? (2004 BAR)
Q: What is the extent of the jurisdiction of a
notary public? (1995 BAR)
A:
a. A lawyer shall at all times uphold the integrity
and dignity of the legal profession, and support
the activities of the integrated bar (Canon 7,
Code of Professional Responsibility).
b. A lawyer shall conduct himself with courtesy,
fairness and candor towards his professional
colleagues, and shall avoid harassing tactics
against opposing counsel (Canon 8, Code of
Professional Responsibility).
c. A lawyer shall participate in the improvement of
the legal system by initiating or supporting
efforts in law reform and in the administration
of justice (Canon 4, Code of Professional
Responsibility).
A: The Jurisdiction of a notary public in a province
shall be co-extensive with the province. The
jurisdiction of a notary public in the City of Manila
shall be co-extensive with said city. No notary shall
possess authority to do any notarial act beyond the
limits of his jurisdiction (Sec. 240, Rev. Adm. Code).
Q: Atty. Z, a notary public commissioned in
Quezon City, attended a wedding at Makati. B
requested Z to notarize a deed of sale executed
between X and Y who were both in Baguio City.
Atty. Z who has a portable notarial seal,
notarized the document. Subsequently, X
assailed the document alleging that his
signature thereon was falsified. X filed a case
for disbarment against Atty. Z.
ALTERNATIVE ANSWER:
a. A lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to achieve
Will the complaint prosper? Explain. (1996
44
QuAMTO (1987-2019)
high standards in law schools as well as in the
practical training of law students and assist in
disseminating information regarding the law
and jurisprudence (Canon 5, Code of Professional
Responsibility).
b. A lawyer shall exert every effort and consider
his duty to assist in the speedy and efficient
administration of justice (Canon 12, Code of
Professional Responsibility)
Disqualification of Justices and Judges (Rule
137)
Q: In a land registration case before Judge
Lucio, the petitioner is represented by the
second cousin of Judge Lucio’s wife.
a. Differentiate between compulsory and
voluntary disqualification
and
determine if Judge Lucio should
disqualify
himself
under
either
circumstance.
b. If none of the parties move for his
disqualification, may Judge Lucio
proceed with the case? (2015 BAR)
ALTERNATIVE ANSWER:
a. A lawyer shall participate in the improvement
of the legal system by initiating or supporting
efforts in law reform and in the administration
of justice. (Canon 4, Code of Professional
Responsibility)
b. lawyer shall observe candor, fairness and
loyalty in all his dealings and transactions with
his client. (Canon 15, Code of Professional
Responsibility)
A:
a. In compulsory disqualification, the judge is
compelled to inhibit himself from presiding
over a case when any of the ground
provided by the law or the rules exist. Under
Section 1, Rule 137 of the Revised Rules of
Court, no judge or judicial officer shall sit in
any case (1) in which he, or his wife or child,
is pecuniarily interested as heir, legatee,
creditor or otherwise, or (2) in which he is
related to either party within the sixth
degree of consanguinity or affinity or to
counsel within the fourth degree computed
according to the rules of the civil law, or in
which he has been executor, administrator,
trustee or counsel, or (4) in which he has
presided in any inferior court when his
ruling or decision is the subject of review,
without consent of all parties in interest and
entered upon the record.
Q: 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.
Section 5, Canon 3 of the New Code of
Judicial Conduct for the Philippine Judiciary
adds the following grounds:
He also said that Connie did not object to his
handling of the case on behalf of Constancia;
and therefore, he felt free to file the complaint
against her. Is Atty. Corpuz guilty of misconduct
for representing conflicting interests? (2018
BAR)
a. The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings;
b. The judge has previously served as a lawyer
or was a material witness in the matter
under controversy.
A: Canon 15, 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 given after a full
disclosure of the facts. Atty. Corpuz was clearly
guilty of misconduct for representing conflicting
interests. Not only did Atty. Corpuz agreed to
represent one client against another client in the
same action; he also accepted a new engagement
that required him to oppose the interest of his
other client in a property in which his legal service
had been previously retained. Atty. Corpuz did not
qualify for the exception under Canon 15. He did
not make a full disclosure of facts to Connie and
Constancia before he accepted the new
engagement from Constancia. He failed to obtain
the written consent of his two clients as required
under Canon 15. (Josefina M. Aniñon v. Atty.
Clemencio Sabitsana, Jr., A.C. No. 5098, April 11,
2012)
In voluntary disqualification, a judge may inhibit
himself in the exercise of his discretion. Paragraph
2, Rule 137 of the Revised Rules of Court provides
that “a judge may, in the exercise of his sound
discretion, disqualify himself from sitting in a case,
for just and valid reasons other than those
mentioned above”. The New Code of Professional
Conduct for the Philippine Judiciary adds that
“judges shall disqualify themselves from
participating in any proceedings in which they are
unable to decide the matter impartially or in which
it may appear to a reasonable observer that they
are unable to decide the matter impartially.”
There is no mandatory ground for Judge Lucio to
disqualify himself. The second cousin of his wife, a
sixth degree relative, is appearing not as a party but
as counsel.
JUDICIAL ETHICS
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
45
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BAR OPERATIONS
Legal and Judicial Ethics
b. If none of the parties moves for his
disqualification, Judge Lucio may proceed
with the case. All the more so if, without the
participation of the Judge, the parties and
their lawyers execute a written agreement
that Judge Lucio may proceed with the same,
and such agreement Is signed by them and
made a part of the records of the case.
Court held that the fact that one of the counsels in
a case was a classmate of the trial judge is not a
legal ground for the disqualification of the judge.
Q: In a case pending before the Sandiganbayan,
the Sandiganbayan justices themselves actually
took part in the questioning of a defense
witness and the accused. The records show
that, while a witness was asked 16 questions on
direct examination by the defense counsel and
six (6) questions by the prosecutor on crossexamination, one justice interjected a total of
27 questions. After the defense opted not to
conduct any re-direct examination, another
justice asked 10 more questions. With respect
to one of the accused, both justices asked a total
of 67 questions after cross-examination, and
with respect to the other accused, a total of 41
questions after cross-examination. More
importantly, the questions of the justices were
in
the
nature
of
cross-examinations
characteristic of confrontation, probing, and
insinuation.
Q: Rebecca’s complaint was raffled to the sala of
Judge A. Rebecca is a daughter of Judge A’s wife
by a previous marriage. This is known to the
defendant who does not, however, file a motion
to inhibit the Judge. Is the Judge justified in not
inhibiting himself from the case? (2010 BAR)
A: The judge is not justified in not inhibiting
himself. It is mandatory for him to inhibit if he is
related to any of the parties by consanguinity or
affiant within the sixth civil degree (Sec. 3 [f] Canon
3, New Code of Judicial Conduct for the Philippine
Judiciary). Judge A, being the stepfather of Rebecca,
is related to her by affinity by just one degree.
“Judges shall disqualify themselves from
participating in any proceeding in which they are
unable to decide the matter impartially or in which
it may appear to a reasonable observer that they
are unable to decide the matter impartially” (Id.,
Sec. 5, Canon 3). The fact that Rebecca is a daughter
of Judge A’s wife is liable to make a reasonable
observer doubt his impartially.
Is this manner of questioning proper? (2018
BAR)
A: This Court has acknowledged the right of a trial
judge to question witnesses with a view to
satisfying his mind upon any material point which
presents itself during the trial of a case over which
he presides. But not only should his examination be
limited to asking “clarificatory” questions, the right
should be sparingly and judiciously used, for the
rule is that the court should stay out of it as much
as possible, neither interfering nor intervening in
the conduct of the trial. Here, these limitations
were not observed. Hardly in fact can one avoid the
impression that the Sandiganbayan had allied itself
with, or to be more precise, had taken the cudgels
for the prosecution in proving the case against
Tabuena and Peralta when the Justices crossexamined the witnesses, their cross-examination
supplementing those made by Prosecutor Viernes
and far exceeding the latter’s questions in length.
The “cold neutrality of an impartial judge”
requirement of due process was certainly denied
against Tabuena and Peralta when the court, with
its overzealousness, assumed the dual rule of
magistrate
and
advocate.
(Tabuena
v.
Sandiganbayan, G.R. No. 103501-03, 268 SCRA 332,
February 17, 1997
Q: RTC Judge Q is a deacon in the Iglesia ni
Kristo church in San Francisco del Monte,
Quezon City. R, a member of the same religious
sect belonging to the same INK community in
San Francisco del Monte, filed a case against S
who belongs to the El Shaddai charismatic
group. The case was raffled to Judge Q's sala.
The lawyer of S filed a motion to disqualify
Judge Q on the ground that since he and the
plaintiff belonged to the same religious sect
and community in San Francisco del Monte,
Judge Q would not possess the cold neutrality
of an impartial judge. Judge Q denied the
motion on the ground that the, reason invoked
for his disqualification was not among the
grounds for disqualification under the Rules of
Court and the Code of Judicial Conduct. Was
Judge Q’s denial of the motion for inhibition
well founded? (1997 BAR)
A: The fact that Judge Q and Litigant R both belong
to the Iglesia Ni Kristo while Litigant S belongs to
the El Shaddai group, is not a mandatory ground
for disqualifying Judge Q from presiding over the
case. The motion for his inhibition is addressed to
his sound discretion and he should exercise the
same in a way the people's faith in the courts of
justice is not impaired. He should reflect on the
probability that a losing party might nurture at the
back of his mind the thought that the Judge had
unmeritoriously tilted the scales of Justice against
him (Dimacuha vs. Concepcion. 117 SCRA630).
Under the circumstances of this case, where the
only ground given for his disqualification is that he
and one of the litigants are members of the same
religious community, I believe that his denial of the
motion for his disqualification is proper. In Vda. de
Ignacio v. BLTBus Co., 34 SCRA 618, the Supreme
Q: (a) Distinguish compulsory from voluntary
inhibition of judges.
(b) State at least two (2) instances when a judge
must compulsorily inhibit from a case.
A:
(a) In compulsory/mandatory inhibition, judges
are duty-bound to inhibit themselves in instances
listed under Rule 137 of the Rules of Court and
Canon 3, Section 5 of the New Code of Judicial
Conduct (NCJC), unless they are waived in writing
by the parties and lawyers to the case. In voluntary
inhibition, on the other hand, judges may, in their
sound discretion, choose to disqualify themselves
for other valid causes not listed in Rule 137 or
Canon 3, Section 5 of the NCJC.
46
QuAMTO (1987-2019)
(b) Section 1 par. 1 of Rule 137 of the Rules of Court
enumerated the compulsory grounds for inhibition
of judges, to wit:
in which he has presided in any inferior court
when his ruling or decision is the subject of
review, without the written consent of all
parties in interest, signed by them and entered
upon the record. This rule enumerates the
grounds under which a judge is legally
disqualified from sitting in a case, and excludes
all other grounds not specified therein. The
judge may, however, in the exercise of his
sound discretion, disqualify himself from
sitting in a case, for just or valid reasons other
than those mentioned above.
Section 1. Disqualification of judges. No judge or
judicial officer shall sit in any case in which he, or
his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of
consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of
the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in
which he has presided in any inferior court when
his ruling or decision is the subject of review,
without the written consent of all parties in
interest, signed by them and entered upon the
record.
Under said rule, the judge may voluntarily
inhibit himself from sitting in a case, for just
and valid reasons other than those mentioned
in the rule.
2.
Q: Lawyer W lost his ejectment case in the
Municipal Trial Court. He appealed the decision
to the RTC which V, the judge thereof, affirmed
through a memorandum decision. He filed a
motion for reconsideration praying that RTC
should state facts and law on which its decision
is based. Judge V denied his motion. Instead of
filing a Petition for Review, lawyer W filed an
administrative complaint against Judge V for
breach of the Code of Judicial Conduct. What is
the liability of Judge V, if any? (1991 BAR)
A: There is no breach of the Code of Judicial
Conduct committed by the RTC Judge. The
memorandum decision rendered in an appeal from
the Municipal Court in its original jurisdiction
carries with it the statement of facts found by the
Municipal Court which are deemed affirmed by the
RTC judge. Memorandum decisions are allowed on
appeal.
Q: Judge L is assigned in Turtle Province.
His brother ran for Governor in Rabbit
Province. During the election period this
year, Judge L took a leave of absence to help
his brother conceptualize the campaign
strategy. He even contributed a modest
amount to the campaign kitty and hosted
lunches and dinners. Did Judge L incur
Q:
1. Discuss briefly grounds for disqualification
or inhibition of judges to try a case.
2. A judge rendered a decision in a criminal
case finding the accused guilty of estafa.
Counsel for the accused filed a motion for
reconsideration which was submitted
without arguments. Later, another lawyer
entered his appearance for the accused. The
judge issued an order inhibiting himself
from further sitting in the case because the
latter lawyer had been among those who
recommended him to the Bench. Can the
judge's voluntary inhibition be sustained?
(1989, 1988 BAR)
administrative and/or
Explain. (2010 BAR)
Under Rule 137 Section 1 of the Rules of Court,
a judge is disqualified to sit in every case in
which he, or his wife or child, is pecuniarily
interested as heirs; legatee, creditor, or
otherwise, or in which he is related to either
party within the sixth degree of consanguinity
or affinity, or to counsel within the fourth
degree computed according to the rules of civil
law or in which he has been executor,
administrator, guardian, trustee or counsel, or
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
criminal
liability?
A: Judge L incurred administrative liability. Rule
5.18 of the Code of Judicial Conduct (which is
applicable in a suppletory character to the New
Code of Conduct for the Philippine Judiciary)
provides that “[A] Judge 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.”
A:
1.
The judge may not voluntarily inhibit himself
by the mere fact that a lawyer recommended
him to the Bench. In fact, the appearance of
said lawyer is attest as to whether the judge
can act independently and courageously in
deciding the case according to his conscience.
Inhibition is not allowed at every instance that
a friend, classmate, associate or patron of a
presiding judge appears before him as counsel
for one of the parties to a case. “Utang na loob”,
per se, should not be a hindrance to the
administration of justice. Nor should
recognition of such value in Philippine society
prevent the performance of one’s duties as
judge, xxx (Masadao and Elizaga Re: Criminal
Case No. 4954-M; 155 SCRA 78- 79). However,
in order to avoid any suspicion of partiality, it
is better to the judge to voluntarily inhibit
himself.
He may also be held criminally liable for violation
of Section 26 (I) of the Omnibus Election Code, which
penalizes any officer or employee in the civil
service who, directly or indirectly, intervenes, in
any election campaign or engages in any partisan
political activity, except to vote or to preserve
public order.
47
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BAR OPERATIONS
Legal and Judicial Ethics
Q: Judge C was appointed MTC Judge in 1993.
Subsequently, the Judicial and Bar Council
received information that previously he had
been dismissed as Assistant City Prosecutor of
Manila. It appeared that when he applied for
appointment to the Judiciary, his answer to the
question in the personal Data Sheet - “Have you
ever been retired, dismissed or forced to resign
from any employment?" was - “Optional under
Republic Act No. 1145.” The truth is, he was
dismissed for gross misconduct as Assistant
City prosecutor. May he be dismissed as Judge?
(1998 BAR)
Q: In a case for homicide filed before the
Regional Trial Court (RTC), Presiding Judge
Quintero issued an order for the arrest of the
accused, granted a motion for the reduction of
bail, and set the date for the arraignment of the
accused. Subsequently, Judge Quintero
inhibited himself from the case, alleging that
even before the case was raffled to his court, he
already had personal knowledge of the
circumstances surrounding the case. Is Judge
Quintero’s inhibition justified? Explain. (2009,
2004 BAR)
A: Judge Quintero’s inhibition is justified. One of the
grounds for inhibition under Section 5, Canon 3 of
the New Code of Judicial Conduct for the Philippine
Judiciary is “where the judge has actual bias or
prejudice concerning a party or personal
knowledge of disputed evidentiary facts
concerning the proceedings.”
A: YES. By his concealment of his previous
dismissal from the public service, which the
Judicial and Bar Council would have taken into
consideration in acting on his application for
appointment as a judge, he (the judge) committed
an act of dishonesty that rendered him unfit to be
appointed, and to remain, in the Judiciary he has
tarnished with his falsehood. (Re: Inquiry on the
Appointment of Judge Enrique A. Cube, 227 SCRA
193; Jose Estacion, 181 SCRA 33, EstanislaoBelan,
August 6, 1998)
Q: 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? (1999
BAR)
Compulsory
Q: State at least five (5) instances where judges
should
disqualify
themselves
from
participating in any proceedings where their
impartiality might reasonably be questioned
(2016 BAR)
A: Any five (5) of the following instances provided
in Sec. 5, Canon 3 of the New Code of Conduct for
the Philippine Judiciary:
a.
b.
c.
d.
e.
f.
g.
A: 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.
The judge has actual bias or prejudice
concerning a party or personal knowledge of
disputed evidentiary facts concerning the
proceedings;
The judge previously served as a lawyer or was
a material witness in the matter in
controversy;
The judge or a member of his or her family has
an economic interest in the outcome of the
matter in controversy;
The judge served as executor, administrator,
guardian, trustee or lawyer in the case or
matter in controversy, or a former associate of
the judge served as counsel during their
association, or the judge or lawyer was a
material witness therein;
The judge’s ruling in a lower court is the
subject of review;
The judge is related by consanguinity or
affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil
degree; or
The judge knows that his or her spouse or child
has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject
matter in controversy or in a party to the
proceeding, or any other interest that could be
substantially affected by the outcome of the
proceedings.
Voluntary
Q: Judge Clint Braso is hearing a case between
Mr. Timothy and Khristopher Company, a
company where his wife used to work as one of
its Junior Executives for several years.
Doubting the impartiality of the Judge, Mr.
Timothy filed a motion to inhibit Judge Clint
Braso refused on the ground that his wife has
long resigned from the company. Decide. (2014
BAR)
A: The fact that Judge Braso’s wife used to work for
Khristopher Company is not a mandatory ground
for his inhibition. However, Section 2, Canon 3 of
the New Code of Judicial Conduct for the Philippine
Judiciary provides that judges should disqualify
themselves from participating in any proceeding
in which “it may appear to a reasonable observer
that they are unable to decide the matter in
partially.” The Supreme Court has advised that a
judge “should exercise his decision in a way that
the people’s faith in the courts of justice is not
impaired” (Pimentel v. Salanga, G.R. No. L- 27934,
September 18, 1967). While it may not be
NOTE: Section 1, Rue 137 of the Revised Rules of
Court, provides for similar grounds.
48
QuAMTO (1987-2019)
reasonable to believe that Judge Braso cannot be
impartial because his wife used to work as a Junior
Executive for Khristopher Company, the better
part of prudence would dictate that he inhibits
himself from the case involving the said company.
regarding his intention to ask the permission of
the Supreme Court to act as counsel for and thus
represent his wife in the trial of a civil case for
damages pending before the Regional Trial
Court of Aparri, Cagayan. What would be your
advice to him? Discuss briefly. (2004 BAR)
Q: Justice B of the Court of Appeals (CA) was a
former Regional Trial Court (RTC) Judge. A
case which he heard as a trial judge was raffled
off to him. The appellant sought his
disqualification from the case but he refused
on the ground that he was not the judge who
decided the case as he was already promoted to
the appellate court before he could decide the
case. Was the refusal of Justice B to recuse from
the case proper? Explain your answer. (2014
BAR)
A: I would advise him against it. Rule 5.07 of the
Code of Judicial Conduct expressly and absolutely
prohibits judges from engaging in the private
practice of law, because of the incompatible nature
between the duties of a judge and a lawyer.
Moreover, as a Judge he can influence to a certain
extent the outcome of the case even if it is with
another court. 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)
A: The refusal of Justice B to recuse from the case is
improper. In the case of Sandoval v. CA (G.R. No.
106657, August 1, 1996, 260 SCRA 283), involving
the same facts, the Supreme Court held that the
Court of Appeals Justice concerned was not legally
bound to inhibit himself from the case. However, he
“should have been more prudent and circumspect
and declined to take on the case, owing to his
earlier involvement in the case,” because “a judge
should not handle a case in which he might be
perceived, rightly or wrongly, to be susceptible to
bias and partiality.” This axiom is “intended to
preserve and promote public confidence in the
integrity and respect for the judiciary.”
INITIATION OF COMPLAINT AGAINST
JUDGES AND JUSTICES
Q: An anonymous letter addressed to the
Supreme Court was sent by one Malcolm X, a
concerned citizen, complaining against Judge
Hambog, Presiding Judge of the RTC of
Mahangin City, Branch 7. Malcolm X reported
that Judge Hambog is acting arrogantly in court;
using abusive and inappropriate language; and
embarrassing and insulting parties, witnesses,
and even lawyers appearing before him.
Attached to the letter were pages from
transcripts of records in several cases heard
before Judge Hambog, with Judge Hambog’s
arrogant, abusive, inappropriate, embarrassing
and/or insulting remarks or comments
highlighted. Describe briefly the procedure
followed when giving due course to a complaint
against an RTC judge. (2015 BAR)
Q: The criminal case arising from the P10
Billion Peso pork barrel scandal was raffled to
Sandiganbayan Justice Marciano Cobarde.
Afraid that he would antagonize the parties, his
political patrons and ultimately, his judicial
career, he decided to inhibit from participating
in the case, giving “personal reasons” as his
justification.
A: If the complaint is sufficient in form and
substance, a copy thereof shall be sent to the
respondent, and he shall be required to comment
within 10 days from date of service. Upon the filing
of the respondent’s comment, the Supreme Court
shall refer the matter to the Office of the Court
Administrator for evaluation, report and
recommendation, or assign the case to a Justice of
the Court of Appeals, for investigation, report and
recommendation. The investigating Justice shall set
a date for the hearing and notify the parties thereof,
and they may present evidence, oral or
documentary, at such hearing. The investigating
Justice shall terminate the investigation within 90
days from its commencement, and submit his
report and recommendation to the Supreme Court
within 30 days from the termination of the
investigation. The Supreme Court shall take action
on the report as the facts and the law may warrant
(Rule 140).
If you were to question the inhibition of SB
Justice Cobarde, on what legal basis, and where
and how will you do this? (2013 BAR)
A: The grounds relied upon by Justice Cobarde for
his inhibition conveys the impression that “the
parties” and “his political patrons” are in a special
position improperly to influence him in the
performance of judicial duties (New Code of
Conduct for the Philippine Judiciary, Canon 4, Sec. 8).
Furthermore, the Sandiganbayan sits in Divisions,
so the fears of Justice Cobarde are unfounded.
Justice Cobarde should not shirk from the
performance of his judicial duties.
I would file a motion with the Division of the
Sandiganbayan in which Justice Cobarde is sitting
for the remittal of his voluntary inhibition. I would
advance in motion the reasons why the “personal
reasons” set forth by the Justice are insubstantial
and does not merit his inhibition. I would likewise
set the motion for hearing as appropriate.
Q: Judge A has an illicit relationship with B, his
Branch Clerk of Court. C, the wife of Judge A,
discovered the illicit affair and consulted a
lawyer to vindicate her violated marital rights.
If you were that lawyer, what would you advice
C, and if she agrees and asks you to proceed to
Q: Assume that your friend and colleague, Judge
Peter X. Mahinay, a Regional Trial Court judge
stationed at KL City, would seek your advice
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
49
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BAR OPERATIONS
Legal and Judicial Ethics
take action, what is the legal procedure that
you should follow? Discuss fully. (2014 BAR)
others to convey the impression that anyone is in
special position to influence them in the
performance of their judicial duties.
A: I will advise her to file an administrative case
against Judge A with the Supreme Court. I can tell
her that she can also file civil or criminal actions
against him. But an administrative case is
confidential in nature and will not unnecessarily
drag the name and reputation of the court into the
picture.
DISCIPLINE OF MEMBERS OF THE JUDICIARY
Lower court judges and justices of the Court of
Appeals, Sandiganbayan and Court of Tax
Appeals (Rule 140)
Q: A complaint for rape against ZZ was filed by
the father of Dulce, an 11-year-old girl, with the
Municipal Trial Court of Bantayan, Cebu. After
preliminary examination of the offended party
and the witnesses, Judge YY of said court issued
an order finding probable cause and ordering
the arrest of ZZ without bail. ZZ was arrested
and de tained. He filed: (1) a Waiver of
Preliminary Investigation, and (2) an Ex- Parte
Motion to Fix Bail Bond. Judge YY granted the
waiver and forthwith elevated the records of
the case to the RTC, which forwarded the same
to the Office of the Provincial Prosecutor.
Q: Judge Celso Camarin posted in the bulletin
board of his sala for two weeks, an
advertisement which says: “Wanted attractive
waitresses, personable waiters and cooks who
may be interested in applying for employment
in my family’s restaurant business. Interested
applicants may submit applications to Branch
XXX, RTC of Camarines Sur.” The screening of
some applicants was also conducted in the
Judge’s office. What provisions, if any, of the
Code of Judicial Conduct did Judge Camarin
violate? (2018 BAR)
A: In the case of Dionisio vs. Escano, involving the
same facts, the Supreme Court found the erring
judge to have violated the following rules of the
Code of Judicial Ethics. (302 SCRA 411, February 1,
1999)
Ten (10) days after the elevation of the records.
YY, acting on the Motion to Fix Bail, issued an
order fixing the bail bond at P20, 000.00. The
father of Dulce filed against YY an
administrative complaint for ignorance of law,
oppression, grave abuse of discretion and
partiality. If you were the executive judge of the
RTC designated to investigate the case and to
make a report and recommendation thereon,
what would be your recommendation? (1991
BAR)
Canon 2 - A Judge should avoid impropriety and
the appearance of impropriety in all activities.
Canon 5, Rule 5.02 – A judge refrain from financial
and business dealings that tend to reflect adversely
on the court’s impartiality, interfere with the
proper performance of judicial activities, or
increase involvement with lawyers or persons
likely to come before the court. A Judge should so
manage investments and other financial interest to
minimize the number of case giving grounds for
disqualification, and if necessary divest such
investment and interests. Divestment shall be
made within one year from the effectivity of this
Code or from appointment, as the case may be.
A: The facts narrated in this case is similar to the
decision of the Supreme Court in 1989. The judge
was found guilty of ignorance of the law for
granting bail despite the fact that he had already
lost jurisdiction after elevating the records of the
case to the Regional Trial Court.
If I am the RTC Judge assigned to investigate the
case I would recommend the dismissal of the Judge
for gross ignorance of the law.
Rule 5.03 – Subject to the provisions of the
preceding rule, a judge may hold and manage
investment but should not serve as an office,
director, advisor, or employee of any business
except as director, or non-legal consultant of a
family business.
Q: Under the grievance procedures in Rule 139B of the Rules of Court, may judges be
investigated by the Integrated Bar of the
Philippines? Explain. (1989 BAR)
The corresponding provisions of the New Code of
Judicial Conduct for the Philippine Judiciary would
be:
A: Judges may not be investigated under the
grievance procedure in Rule 139-B of the Rules of
Court. Complaints against judges are filed with the
Supreme Court which has administrative
supervision over all courts. This was the ruling of
the Supreme Court in a minute resolution in reply
to the letter of acting Presiding Justice of the Court
of Appeals Rodolfo Nocon 03 January 1989.
Canon 4, Section 1 – Judges shall avoid
impropriety and the appearance of impropriety in
all their activities.
Section 7 – Judges shall inform themselves about
their personal fiduciary financial interests and
shall make reasonable efforts to be informed about
the financial interest of the members of their
family.
Q: In Administrative Circular No. 1 addressed
to all lower courts dated January 28, 1988, the
Supreme Court stressed:
All judges are reminded that the Supreme
Court has applied the “Res Ipsa Loquitur” rule
in the removal of judges even without any
formal investigation whenever a decision, on
its face, indicates gross incompetence or gross
Section 8 – Judges shall not use or lend the prestige
of the judicial office to advance their private
interest, or of those of any member of their family
or of anyone else, no shall they convey or permit
50
QuAMTO (1987-2019)
ignorance of the law or gross misconduct (See:
People vs. Valenzuela, 135 SCRA 712; Cathay
Pacific Airways vs. Romillo, Jr., 142 SCRA 262).
Judge Contaminada, and state where and how
you would exercise these options. (2013 BAR)
A: As a counsel for Andy Malasuerte, I have the
option of participating in the administrative
proceedings by filing a verified complaint in writing
against Judge Contaminado, with the Office of the
Court Administrator, supported by affidavits of
persons who have personal knowledge of the facts
alleged therein or by documents which may
substantiate said allegations. The complaint shall
state clearly and concisely the acts and omissions
constituting violations of standards of conduct
prescribed for judges by law, the Rules of Court, the
Code of Judicial Conduct (Rules of Court, Rule 140,
Sec. 1) and the new Code of Conduct for the
Philippine Judiciary.
The application of the “res ipsa loquitur” rule in
the removal of judges is assailed in various
quarters as inconsistent with due process and
fair play. Is there basis for such a reaction?
Explain. (1988 BAR)
A: In one view, there is a basis for the reaction
against the res ipsa loquitur rule on removing
judges. According to the position taken by the
Philippine Bar Association. The res ipsa loquitur
rule might violate the principle of due process, that
is the right to be heard before one is condemned.
Moreover, Rule 140 of the Rules of Court provides
for the procedure for the removal of judges. Upon
service of the complaint against him, he is entitled
to file his answer. If the answer merits a hearing, it
is referred to a justice of the Court of Appeals for
investigation, the report of the investigation is
submitted to the Supreme Court for proper
disposition.
Q: Judge Horacio would usually go to the
cockpits on Saturdays for relaxation, as the
owner of the cockpit is a friend of his. He also
goes to the casino once a week to accompany his
wife who loves to play the slot machines.
Because of this, Judge Horacio was
administratively charged. When asked to
explain, he said that although he goes to these
places, he only watches and does not place any
bets. Is his explanation tenable? Explain. (2005
BAR)
The danger in applying the res ipsa loquitur rule is
that the judge may have committed only an error of
judgment. His outright dismissal does violence to
the jurisprudence set In Re Horilleno, 43 Phil. 212.
A: The explanation of Judge Horacio is not
tenable. In the case of City of Tagbilaran vs.
Hontanosas, Jr., 375 SCRA 1 [2002], the Supreme
Court penalized a city court judge for going to
gambling casinos and cockpits on weekends.
According to the Court, going to a casino
violates Circular No. 4, dated August 27, 1980,
which enjoins judges of inferior courts from
playing or being present in gambling casinos.
The other view taken by the Supreme Court is that
the lawyer or a judge can be suspended or
dismissed based in his activities or decision, as long
as he has been given an opportunity to explain his
side. No investigation is necessary.
Grounds
Q: An Audit team from the Office of the Court
Administrator found that Judge Contaminada
committed serious infractions through the
indiscriminate grant of petitions for annulment
of marriage and legal separation. In one year,
the judge granted 300 of such petitions when
the average number of petitions of similar
nature granted by an individual judge in his
region was only 24 petitions per annum.
The prohibition refers to both actual gambling
and mere presence in gambling casinos. A
judge’s personal behavior, not only in the
performance of judicial duties, but also in his
everyday life, should be beyond reproach.
With regard to going to cockpits, the Supreme
Court held that “verily, it is plainly despicable to
see a judge inside a cockpit and more so, to see
him bet therein. Mixing with the crowd of
cockfighting enthusiasts and bettors is
unbecoming a judge and undoubtedly impairs
the respect due him. Ultimately, the Judiciary
suffers therefrom because a judge is a visible
representation of the Judiciary" (City of
Tagbilaran v. Hontanosas, Jr., ibid at p. 8)
The audit revealed many different defects in the
granted petitions; many petitions had not been
verified; the required copies of some petitions
were not furnished to the Office of the Solicitor
General and the Office of the Provincial
Prosecutor; docket fees had not been fully paid;
the parties were not actual residents within the
territorial jurisdiction of the court; and, in some
cases, there was no record of the crossexaminations conducted by the public
prosecutor or any documentary evidence
marked and formally offered. All these, viewed
in their totality, supported the improvident and
indiscriminate grant that the OCA found.
Q: Before he joined the bench, Judge J was a
vice-mayor. Judge J resumed writing a weekly
column in a local newspaper. In his column,
Judge J wrote:
“It was wondering if the present vice-mayor
can shed off his crocodile hide so that he can
feel the clamor of the public for the resignation
of hoodlum public officers of which he is one".
If you were the counsel for Andy Malasuerte and
other litigants whose marriages had been
improperly and finally annulled, discuss your
options in administratively proceeding against
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
When
51
charged
administratively,
Judge
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BAR OPERATIONS
J
Legal and Judicial Ethics
invoked freedom of expression. Is his defense
tenable? Explain. (2011 BAR)
basis of his record, eligibility for the position he
was seeking. He did not discharge that duty. His
record did not contain the important information
in question because he deliberately withheld and
thus effectively hid it. His lack of candor is as
obvious as his reason for suppression of such vital
fact, which he knew would have been taken into
account against him if it had been disclosed.
A: The Judge’s reliance on freedom of expression is
untenable. The judge's vicious writings
compromise his duties as judge in the impartial
administration ofjustice. His writings lack judicial
decorum which requires the use of temperate
language at all times. The judge should not
instigate litigation (Galang v. Santos, 307 SCRA 583
[1999], Royeca v. Animas. 71 SCRA 1 [1976])
As stressed in the report, it behooves every
prospective appointee to the judiciary to apprise
the appointing authority of every matter bearing
on his fitness for judicial office, including such
circumstances as may reflect on his integrity and
probity. These are qualifications specifically
required of appointees to the judiciary under
Article VIII, Sec. 7 (3) of the Constitution. The fact
alone of his concealment of the two criminal cases
against him is clear proof of his lack of the said
qualifications and renders him unworthy to sit as
a Judge."
Q: A judge, in order to ease his clogged docket,
would exert efforts to compel the accused in
criminal cases to plead guilty to a lesser offense
and advise party litigants in civil cases, whose
positions appear weak, to accept the
compromise offered by the opposing party. Is
the practice legally acceptable? (1998 BAR)
A: The practice is legally acceptable as long as the
judge does not exert pressure on the parties and
takes care that he does not appear to have
prejudged the case. Where a judge has told a party
that his case is weak before the latter was fully
heard, such was considered as a ground for his
disqualification (Castillo v. Juan, 62 SCRA 124)
The respondent Judge was accordingly removed
from office.
________________________________________________________
PRACTICAL EXERCISES
_________________________________________________________
Q: A Judge of the Regional Trial Court,
notwithstanding the fact that he was facing
criminal charges at the time he obtained his
appointment, did not disclose the pendency of
the cases either to the President or to the
Supreme Court. He claims that: (a) he enjoys
presumption of innocence in the pending
criminal cases; (b) that the said cases even if
sustained after trial do not involve moral
turpitude; and (3) before an administrative
complaint based on a criminal prosecution can
be given due course there must be a conviction
by final Judgment.
SIMPLE CONTRACTS –
LEASE, SALE OF REALTY
Q: Prepare a Contract of Lease of an
apartment unit, (1998, 1996, 1988, 1987
BAR)
A:
CONTRACT OF LEASE
KNOW ALL MEN BY THESE PRESENTS:
May the Judge be considered as an undeserving
appointee and therefore be removed from his
office? (1996 BAR)
This contract of lease, entered into by and
between A.B., Filipino, of legal age, single, with
residence at
and hereafter called the LESSOR
A: He may be considered as undeserving and
removed from office. This problem falls squarely
under the decision of the Supreme Court in the case
of Court Administrator v. Estacion, 181 SCRA 33,
wherein a complaint was filed concerning the
appointment of a Regional Trial Court judge
notwithstanding the fact that he was then facing
criminal charges for homicide and attempted
homicide. The Judge also claimed that (a) he enjoys
the presumption of innocence, (b) the said cases,
even if sustained, do not involved moral turpitude,
and (c) before an administrative complaint based
on a criminal prosecution is given due course, there
must be a conviction by final judgment. The
Supreme Court held:
- and B.D., Filipino, of legal age, single, with residence
at __________________________, and hereafter called
the LESSEE.
WITNESSETH:
THAT, for and in consideration of the rentals
to be paid, the LESSOR has hereby leased to the
LESSEE, and the LESSEE hereby accepts the same
in lease, the following described property:
(Description of apartment)
“The argument that he had not yet been convicted
and should be presumed innocent is beside the
point, and so is the contention that the crimes of
homicide and attempted homicide do not involve
moral turpitude. The important consideration is
that he had a duty to inform appointing authority
and this Court of the pending criminal charges
against him to enable them to determine on the
subject to the following terms and conditions:
52
1.
Period of the Lease-
2.
Rentals to be Paid –
3.
(Other terms and conditions)
QuAMTO (1987-2019)
GERRY CRUZ
Vendor
T.I.N. ________
IN WITNESS WHEREOF, the parties hereto have
signed these presents, at ________________, this
day of
, 1998.
A.B.
Lessor
By:
C.D.
Lessee
JON CRUZ
Attorney-in-Fact
WITNESSES:
WITNESSES
(acknowledgment)
___________________
__________________________
ACKNOWLEDGMENT
Q: Gerry Cruz is the owner of a 1,000- square
meter lot covered by Transfer Certificate of
Title No. 12345 located in Sampaloc. Metro
Manila. Gerry decided to sell the property but
did not have the time to look for a buyer. He
then designated his brother, Jon, to look for a
buyer and negotiate the sale. Jon met Angelo
Santos who expressed his interest to buy the lot.
Angelo agreed to pay PI Million for the property
on September 26. 2005. Draft the Deed of Sale
of Real Property. (2005, 1991, 1989 BAR)
REPUBLIC OF THE PHILIPPINES )
CITY OF MANILA
) S.S.
IN THE CITY OF MANILA, Philippines,
personally appeared before me, Mr. JON CRUZ, with
Community Tax Certificate No. _______ issued at
_______ on ______, 2005, in his capacity as Attorneyin-Fact of Mr. GERRY CRUZ, with Community Tax
Certificate No. ______ issued at _____ on _______, 2005,
both of whom are personally known to be the same
persons who executed the foregoing instrument,
and they acknowledged to me that the same is their
free and voluntary act and deed, and the free and
voluntary act and deed of the principal whom Mr.
JON CRUZ represents.
A:
DEED OF ABSOLUTE SALE
KNOW ALL MEN BY THESE PRESENTS:
I further certify that the foregoing
instrument is a deed of sale of a parcel of land
located in Sampaloc, Manila, and consists of
_________ pages, including this page, and is signed on
each and every page by the said parties and their
instrumental witnesses.
This instrument executed by and between:
GERRY CRUZ, of legal age, single, and a resident of
_______________, herein represented by his Attorneyin-Fact, JON CRUZ, of legal age and a resident of
_______________ and ______________ hereafter referred
to as the VENDOR
WITNESS MY HAND AND SEAL.
- and ANGELO SANTOS, Filipino, of legal age, single, a
resident of
and hereafter
referred to as the VENDEE,
NOTARY PUBLIC
My Commission expires on December 31, 2005
(Address)
Commission No.
, Manila
Attorney’s Roll No.
IBP Membership No.
PTR O.R. No.
, Manila, 2005
WITNESSETH:
THAT, for and in consideration of the
sum of One Million Pesos (P1,000,000.00), in
hand paid by the VENDEE to the VENDOR and
receipt of which is herein acknowledged by the
latter, the VENDOR has sold, transferred and
conveyed, and by these presents does hereby
sell, transfer and convey, unto the VENDEE, that
certain parcel of land with an area of 1,000
square meters, more or less, located in
Sampaloc, Manila, covered by Transfer
Certificate of Title No. 12345 of the Register of
Deeds of Manila, and which is more particularly
described as follows:
Doc. No.
Page No.
Book No.
Series of 2005.
NOTE: See Section 12 – Competent Evidence of
Identity of the 2004 Rules on Notarial Practice.
Q: Herbert Madasalin, a 25-year old Bar
candidate, surrendered his driver's license to
the security guard at the Arlegui Gate when he
entered the Malacanang compound to pray at
the National Shrine of St. Jude Thaddeus. After
praying the novena to St. Jude, Herbert went to
the Arlegui Gate to retrieve his driver's license.
However, he was not able to get the license
because the security guard was then elsewhere.
He returned the next day only to be told that the
(Technical description)
IN WITNESS WHEREOF, the parties
hereto have signed these presents at Manila,
this 26th day of September, 2005.
UNIVERSITY OF SANTO TOMAS
2021 ACADEMICSCOMMITTEE
ANGELO SANTOS
Vendee
T.I.N. ________
53
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BAR OPERATIONS
Legal and Judicial Ethics
security guard had misplaced the license. The
security guard concerned could not anymore
remember where he had placed the license.
MCLE Compliance until _______
Doc. No. ___
Page No. ___
Book No. ___
Series of 2017.
Herbert immediately requests your assistance
in the preparation of an affidavit of loss. His
address is at 143 Zuzuaregui Street, Don
Antonio Heights, Quezon City. As his friend,
prepare Herbert's affidavit of loss. (2017 BAR)
VERIFICATION AND CERTIFICATE
OF NON-FORUM SHOPPING
A:
Q: Prepare a Verification and Certification
against Forum Shopping. (2010, 2003 BAR)
REPUBLIC OF THE PHILIPPINES)
CITY OF QUEZON
) S.S.
A:
AFFIDAVIT OF LOSS
VERIFICATION AND CERTIFICATION AGAINST
FORUM SHOPPING
I, Herbert Madasalin, of legal age, single, with
residence at 143 Zuzuaregui Street, Don Antonio
Heights, Quezon City after having been duly sworn
deposes and says that:
1.
2.
3.
4.
5.
X, after being duly sworn, hereby deposes and
states:
That he is the plaintiff in the above-titled case; that
he has caused the foregoing Complaint to be
prepare; that he has read the same and that the
allegations of fact therein contained are true to his
personal knowledge or based on authentic
documents;
That I am the holder of a Non-Professional
Driver’s License No. - ___________ issued by the
La Loma, Quezon City LTO Branch with
expiration at ______;
That sometimes in (state date) when I entered
the Malacañang Compound to pray at the
National Shrine of St. Jude Thaddeaus, I
surrendered my driver’s license to the
security guard at the Arlegui Gate. That after
praying the novena, I went to the Arlegui Gate
to retrieve my driver’s license, but I was not
able to get my license because the security
guard was then elsewhere;
That when I returned the next day, I was told
that the security guard had misplaced my
license, and could not anymore remember
where he had placed my license;
That despite earnest efforts to locate said
driver’s license proved futile;
That I am executing this affidavit to support
my application for the issuance of a
replacement driver’s license.
That (a) he has not heretofore commenced any
action of filed any claim involving the same issued
in any court, tribunal or quasi-judicial agency, and
to the best of his knowledge, no such other action
or claim is pending therein; and (b) if he should
thereafter learn that the same has been filed or is
pending, he shall report that fact within five (5)
days therefrom to this Honorable Court.
FURTHER AFFIANT SAYETH NAUGHT
HERBERT MADASALIN
WITNESSES:
_________________________
_________________________
SUBSCRIBED AND SWORN TO before me
this ____ day of November 2017 in the City of
Quezon, affiant exhibiting before me his competent
evidence of identity which is a Postal I.D. no. _______
issued at __________ on ____________ expiring on
__________.
NOTARY PUBLIC
Office address
Commission No.
Until December ________
For the City of ________
Roll No. ________
IBP OR No. date, and place of
Issuance
PTR OR No. date, and place of
Issuance
54