1. Atty. Bruce, a retired judge of RTC, has been teaching Criminal Law in San Sebastian College for 9 years.

Is he exempt from taking the MCLE? Yes. Because he is engaged in teaching law. Yes. Because he is a retired member of the judiciary. No. Because he has not yet completed the 10 years teaching requirement. No. Because he is not a dean of the College of Law. Ans. B 2. The following are consequences of forum shopping except; Summary dismissal of the multiple Petition or complaint Disciplinary proceeding for the lawyer concerned Both of the above None of the above Ans. D 3. Who may revoke a notarial commission of a notary public? Executive Judge of the RTC who issued the Commission Supreme Court A or B B upon recommendation of A Ans. C 4. Companies A and B are both retainer clients of Atty. C. Can Atty. C represent Company A if it wants to sue Company B in a civil case? a. No. Because there is conflict of interest. b. No. Because it is unethical and improper. c. Yes. After full disclosure to both of his retainer clients and upon their express written consent d. He has an option between A, B and C Ans. D 5. The following constitute exceptions to the general rule that only members of the bar can appear in court except; a. In the Regional trial court, a party may conduct his litigation in person or with the aid of an agent or a friend. b. In any other court, a party may conduct his litigation personally except in criminal cases for grave felonies where a party must be represented by a counsel. 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 a. b. c. d. a. b. c. d. a. b. c. d.

discretion admit or assign a person, resident of the province of good repute for probity and ability, to aid the defendant in his defense, although the person assigned is not a duly authorized member of the bar. d. Any official or other person appointed or designated in accordance with the 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 which said government has an interest, direct or indirect. Ans. B 6. Atty. Cruz was disbarred by a resolution of the Supreme Court. Five years later, Atty. Santiago filed a petition for reinstatement, alleging that he had reformed, and that he had been sufficiently punished and disciplined. However, no action was taken on the petition. In the meantime, in a proceeding for the probate of his fathers will, Atty. Santiago filed a formal opposition on his own behalf and sought to establish that the will was a forgery and that the deceased died intestate. His co-heirs questioned his appearance citing his disbarment. May the appearance of Atty. Santiago be allowed? a. No. Because he has been disbarred, therefore, can no longer appear in court as counsel. b. Yes. Because there is a pending petition for his reinstatement c. Yes. The prohibition against the practice of law by a layman or a disbarred lawyer is not in conflict with the right if an individual to defend or prosecute a cause in which he is a party. d. B and C Ans. C 7. It is the method of national inquiry into the conduct of Supreme Court justices a. Disqualification b. Impeachment c. Disbarment d. Administrative Investigation Ans. B 8. Which of the following statements is correct: a. Provincial Governors are exempt are exempt from compliance of MCLE requirement b. Provincial Governors and Mayors are exempt from compliance of MCLE requirement c. Provincial Governors, Vice Governors and Mayors are exempt from compliance to MCLE requirement

d. Provincial Governors, Vice Governors, Mayors and Vice Mayors are exempt from compliance to MCLE requirement Ans. B 9. Which of the following is not allowed by law because it is against public policy a. Quantum meruit b. Champertous contract c. Contingent fee d. Non of the above Ans. B 10. A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of: a. Three (3) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned b. Two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned c. One (1) year commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned d. Six (5) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned Ans. B

Essay

1. Prosecutor Makabayan was assigned to handle a case for homicide. After interviewing the witnesses for the prosecution and asking them to narrate to him the incident that caused the death of the victim, he came to the conclusion that the accused was really guilty. However, the version of one eyewitness showed that the accused acted in self-defense.

If you were the prosecutor, would you place said eye witness on the witness stand? Why?

Answer: Yes. Canon 6, Rule 6.01 of the Code of Professional Responsibility provides that the primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. The real mission of a lawyer which is to assist the court in the administration of justice, the prosecutor is bound to present the eyewitness in order that the court can properly appreciate the evidence and to decide on the real merit of the case. In a criminal prosecution is not that it shall win the case but justice shall be done. A prosecutor complies with his mission as a lawyer even if the man he is prosecuting is acquitted in accordance with law and justice.

2.

State the purpose of MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

Answer: SECTION 1 of Bar Matter 850 provides that Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their careen they keep abreast with Jaw and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.