LEGAL ETHICS

QUESTION NO. I

A. Under the Code of Professional Responsibility, what is the principal obligation of a lawyer
towards:
(1) The legal profession and the Integrated Bar?
(2) His professional colleagues?
(3) The development of the legal system?
(4) The administration of justice?
(5) His client?
(5%)

B. In the course of a judicial proceeding, a conflict of opinions as to a particular legal course

of action to be taken arose between AB and CD, two (2) lawyers hired by Mr. XX, a party-litigant,
to act jointly as his counsel.
How should such problem be resolved, and whose opinion should prevail? What can AB,
the lawyer whose opinion was not followed, do when she honestly believes that the opinion of
CD, the other counsel, is not as legally and factually well grounded as her opinion is? Explain
briefly. (5%)

QUESTION NO. II

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 (2) 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 attorneys 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 plaintiffs
counsel objected to the motion.

A. Under the given facts, is the defense lawyer legally justified in seeking withdrawal from
the case? Why or why not? Reason briefly.
(5%)

B. Was the motion for relief as counsel made by the defense lawyer in full accord with the
procedural requirements for a lawyers withdrawal from a court case? Explain briefly.
(5%)

QUESTION NO. III

Upon opening session of his court, the Presiding Judge noticed the presence of television
cameras set up at strategic places in his courtroom and the posting of media practitioners all over
his sala with their video cameras. The Judge forthwith issued an order directing the exclusion
from the courtroom of all television paraphernalia and further instructing the reporters inside the
hall not to operate their video cams during the proceedings. The defense lawyers objected to
the courts order, claiming that it was violative of their clients constitutional right to a public trial.

A. In issuing the questioned order, did the Judge act in violation of the rights of the accused
to a public trial? Discuss briefly. (5%)
 B. Did the Judge act in derogation of press freedom when he directed the exclusion of the
television paraphernalia from the courtroom and when he prohibited the news reporters in the
courtroom from operating their video cams during the proceedings? Reason briefly. (5%)

QUESTION NO. IV

Primo, Segundo and Tercero are co-accused in an information charging them with the
crime of homicide. They are respectively represented by Attys. Juan Uno, Jose Dos and Pablo
Tres. During the pre-trial conference, Attys. Uno and Dos manifested to the court that their clients
are invoking alibi as their defense. Atty. Tres made it known that accused Tercero denies
involvement and would testify that Primo and Segundo actually perpetrated the commission of the
offense charged in the information.
In one hearing during the presentation of the prosecutions evidence in chief, Atty. Uno
failed to appear in court. When queried by the Judge if accused Primo is willing to proceed with
the hearing despite his counsels absence, Primo gave his consent provided Attys. Dos and Tres
would be designated as his joint counsel de oficio for that particular hearing. Thereupon, the
court directed Attys. Dos and Tres to act as counsel de oficio of accused Primo only for purposes
of the scheduled hearing.
Atty. Dos accepted his designation, but Atty. Tres refused.

A. Is there any impediment to Atty. Dos acting as counsel de oficio for accused Primo?
Reason. (5%)

B. May Atty. Tres legally refuse his designation as counsel de oficio of accused Primo?
Reason. (5%)

QUESTION NO. V

A. Atty. DDs 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. BBs express
consent.
Is Atty. DDs motion legally tenable? Reason briefly. (5%)

B. Assume that your friend and colleague, Judge Peter X. Mahinay, a Regional Trial Court
judge stationed at KL City, would seek your advice 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. (5%)

QUESTION NO. VI

A. 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 Adorables complaint formally, Pugote moved for its dismissal on the ground
that it is already moot and academic.
Should Miss Adorables complaint be dismissed or not? Explain briefly. (5%)
 B. 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.
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.
Is Atty. Malibus contention tenable or not? Reason briefly. (5%)

QUESTION NO. VII

A. 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. (5%)

B. Atty. Jarazo filed a civil suit for damages against his business associates. After
due trial, Judge Dejado rendered judgment dismissing Atty. Jarazos complaint. Atty. Jarazo did
not appeal from the decision rendered by Judge Dejado, thereby rendering the judgment final and
executory. Thereafter, Atty. Jarazo lodged a criminal complaint accusing Judge Dejado of
rendering a manifestly unjust judgment before the Office of the Ombudsman. Will Atty. Jarazos
complaint against Judge Dejado prosper? Why or why not? Reason. (5%)

QUESTION NO. VIII

A. Judge Aficionado was among the several thousands of spectators watching a

basketball game at the Rizal Memorial Coliseum who saw the stabbing of referee Maykiling by
player Baracco in the course of the game. The criminal case correspondingly filed against
Baracco for the stabbing of Maykiling was raffled to the Regional Trial Court branch presided over
by Judge Aficionado. Should Judge Aficionado sit in judgment over and try the case against
Baracco? Explain. (5%)

B. 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. Blg. 22. In the disbarment
proceedings filed against him, Atty. Walasunto contended that his conviction for violation of B.P.
Blg. 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.
Are the contentions of Atty. Walasunto meritorious or not? Reason. (5%)

QUESTION NO. IX

A. Prepare a draft of a criminal information charging a person with the crime of

homicide, complete with caption and title and required certification re preliminary investigation.
Do not use real names but supply all facts needed. (5%)

B. Prepare an acknowledgment of a deed of sale of a registered parcel of land,

consisting of four (4) pages inclusive of the page where the acknowledgment appears. Supply
fictitious names of the parties, the notary public and details of the parties community tax
certificates. (5%)
QUESTION NO. X

A. Prepare a draft of the verification and non-forum shopping certification that

should be appended to a complaint. Omit the signature, place, date and the jurat. (5%)

B. Prepare a complete draft of an attestation clause of a notarial will. (5%)