BAR EXAMINATION 2006

LEGAL ETHICS AND PRACTICAL EXERCISES

- I -
1. Why is law a profession and not a trade? 2.5%
2. Why is an attorney considered an officer of the court? 2.5%
- II -
1. Is there a distinction between "practicing lawyer" and "trial lawyer"? 2.5%
2. Enuerate the instances when a law student ay appear in court as counsel for a litigant. 2.5%
- III -
1. !he "upree #ourt suspended indefinitely $tty. %ernande& fro the practice of law for gross iorality. 'e as(ed the
)unicipal #ircuit !rial #ourt *udge of his town if he can be appointed counsel de oficio for !ony+ a childhood friend who is
accused of theft. !he ,udge refused because $tty. %ernande&-s nae appears in the "upree #ourt-s .ist of "uspended
.awyers. $tty. %ernande& then in/uired if he can appear as a friend for !ony to defend hi.
If you were the ,udge+ will you authori&e hi to appear in your court as a friend for !ony? 5%
2. "upposing !onyis a defendant in a ci0il case for collection of su of oney before the sae court+ can $tty. %ernande&
appear for hi to conduct his litigation? 5%
- I1 -
$tty. 2ldie+ 34 yearsold+ refuses to pay his I56 dues. 'e argues he is a senior citi&en and sei-retired fro the practice of
law. !herefore+ he should be e7ept fro pating I56 dues.
1. Is his arguent correct? 8%
%or the sae reasons+ $tty. 2ldie also insist that he should be e7ept fro the )andatory #2ntinuing .egal Education
9)#.E: re/uireents.
2. "hould he be e7ept? 8%
- 1 -
)yrna+ petitioner in case for custody of children against her husband+ sought ad0ice fro $tty. )endo&a who she et at a party.
"he infored $tty. %ernande& that her lawyer+ $tty. ;han+ has been charging her e7orbitant appearance fees when all he does o0e
for postponeents which ha0e unduly delayed the proceedings< and that recently+ she learned that $tty. ;han approached her
husband as(ing for a huge aount in e7change for the withdrawal of her )otion for issuance of 'old =eparture 2rder so that he and
his children can lea0e for abroad.
1. Is it ethical for $tty. )endo&a to ad0ise )yrna to terinate the ser0icesof $tty. ;han and hire hi instead for a reasonable
attorney-s fees? 5%
2. What should $tty. )endo&a do about the inforation relayed to hi by )yrna that $tty. ;han approached her husband
with an indecent proposal? 5%
- 1I -
In his petition for certiorari filed with the "upree #ourt+ $tty . =i&on alleged that $tty .6adilla+ a legal researcher in the #ourt of
$ppeals+ drafted the assailed =ecision< that he is ignorant of the applicable laws< and that he should be disbarred.
#an $tty .=i&on+ in castigating $tty .6adilla+ be held liable for unethical conduct against the #ourt of $ppeals? 5%
- 1II -
6ro0incial 6rosecutor 5onifacio refused to represent the )unicipality of "an 1icente in a case for collection of ta7es. 'e e7plained
that he cannot handle the case with sincerity and industry because he does not belie0e in the position ta(en by the unicipality.
#an 6rosecutor 5onifacio be sanctioned adinistrati0ely? 5%
- 1III -
6rosecutor #oronel entered his appearance on behalf of the "tate before a %aily #ourt in a case for declaration of nullity of
arriage+ but he failed to appear in all the subse/uent proceedings. When re/uired by the =epartent of *ustice to e7plain+ he
argued that the parties in the case were ably represented by their respecti0e counsels and that his tie would be better eployed in
ore substantial prosecutorial functions+ such as in0estigations+ in/uests and appearances in court hearings.
Is $tty .#oronel-s e7planation tenable? 5%
- I> -
$tty .)arie consulted $tty .'ernande& whether she can successfully prosecute her case for declaration of nullity of arriage she
intends to file against her husband. $tty. 'ernande& ad0ised her in writing that the case will not prosper for the reasons stated
therein. $tty .)arie+ howe0er+ decided to file the case and engaged the ser0ices of another lawyer+ $tty .6e. 'er husband+ ?oel+
ha0ing learned about the opinion of $tty .'ernande&+ hired hi as his lawyer .
Is $tty .'ernande&-s ac/uiescence to be ?oel-s counsel ethical? 8%
- > -
In the course of a drin(ing spree with $tty. 'olgado who has always been his counsel in business deals+ "ion bragged about his
recent se7ual ad0entures with socialites (nown for their e7pensi0e tastes. When $tty. 'olgado as(ed "ion how he anages to
finance his escapades+ the latter answered that he has been using the ban( deposits of rich clients of 5anco %ilipino where he wor(s
as anager.
Is "ion-s re0elation to $tty. 'olgado co0ered by the attorney-client pri0ilege? 5%
- >I -
!he contract of attorney-s fees entered into by $tty .@uintos and his client+ "usan+ stipulates that if a ,udgent is rendered in her
fa0or+ he gets A4% of the property reco0ered as contingent fee. In turn+ he will assue payent of all e7penses of the litigation.
1. Is the agreeent 0alid? 2.5%
2. )ay $tty .@uintos and "usan increase the aount of the contingent fee to 34%? 2.5%
- >II -
1. What is "assupsit" and when is it proper? 2%
2. Bi0e C instances when a client ay 0alidly refuse to pay his lawyer the full aount of attorney-s fees stipulated in their
written contract. C%
- >III -
Bi0e C instances when a client ay 0alidly refuse to pay his lawyer the full aount of attorney-s fees stipulated in their written
contract. C%
- >I1 -
$tty. 6ere& was aditted as a eber of the ?ew Dor( 5ar. While in )anhattan+ he was con0icted of estafa and was disbarred.
=oes his disbarent in ?ew Dor( a ground for his autoatic disbarent in the 6hilippines? 2.5%
- >1 -
Which of the following acts does not constitute a ground for disbarent? E7plain. 2.5%
1. Bross isconduct
2. %raudulent isrepresentation
8. Brossly ioral conduct
C. 1iolation of the .awyer-s 2ath
5. Willful disobedience to a lawful order of the "upree #ourt
A. )alpractice
E. $ppearance of a non-lawyer as an attorney for a litigant in a case
- >1I -
=raft an $ffidafit of =esistance in a criinal case for acts of lasci0iosness. 9E7clude the ,urat:
- >1II -
=raft an affidafit of "elf-$d,ucation of the estate of a deceased person. 9E7clude the ,urat:
- >1III -
=raft an Inforation charging 2bet 5uena with arson filed with the Fegional !rial #ourt. 5ranch 14+ )anila. 14%
NOTHING FOLLOWS.