I.

B.
II.
Yes, B has the remedy of annulment of judgment based on the ground of
fraud. Since B did not appeal the decision of the Regional Trial Court as advised by
his counsel R also the retained counsel of respondent bank.
R being the retained counsel of respondent bank violated The Code of
Professional Responsibility when he agreed to file a case against respondent bank
which he was a retained counsel and not telling B. This clearly shows conflict of
interest.
III.
B.
IV.
A.)
No, Attorney C cannot refuse to handle the defense of A and ask to be
relieved. The Code of Professional Responsibility states that a lawyer shall not
refuse to represent a person because of his opinion regarding the guilt of said
person.
B.)
No, a counsel de parte cannot withdraw as counsel in a criminal case even
after knowing the fact that his client is the perpetrator of because it is the lawyers
duty to render effective legal service and protect his clients rights.
V.
B.
VI.
Yes. Judge H can suspend Atty. D from the practice of law. Rule 139-B Section
16 of the Rules of Court provides that the Court of Appeals or the Regional Trial
Court may suspend an attorney from practice for any causes named in Sec. 27 Rule
138 of the Rules of Court. However, Judge H has no power to disbar Atty. D for
grossly unethical and unbecoming conduct because such power is only vested on
the Supreme Court as provided for by Section 27 of Rule 138 of the Rules of Court
which states that a member of the bar may be disbarred or suspended from his
office as attorney by the Supreme Court for any deceit, malpractice, or other gross
misconduct in such office, grossly immoral conduct, or by reason of his conviction of
a crime involving moral turpitude, or for a willful disobedience of any lawful order of
a superior court, among others. The rule clearly provides that it is the Supreme
Court who has the power to disbar a member of the bar and not the Regional Trial

Court Judge. Hence, the judge of the Regional Trial Court is only allowed to suspend
a member of the bar but not to disbar because this is an exclusive power of the
Supreme Court.
VII.
C.
VIII.
No. C and D are not liable for contempt of court. The Rules of Court provides
that a lawyer may be punished for contempt of Court for misbehavior as an officer
of the Court, disobedience of or resistance to a lawful order of the court, abuse of or
unlawful interference with the judicial proceedings, among others. Considering the
fact that C followed the order of the Court by removing his title attorney in the
partnership with Atty. D and handles only purely counseling and office work is
tantamount to lawful obedience to the order of the Court and cannot be considered
as contemptuous act before the court. There C and D cannot be held liable for
contempt.
IX.
No. Judge A did not cross the ethical line of a judge. Section 7 (d) of RA 6713
allows the acceptance and retention by a public official or employee a gift of
nominal value tendered and received as a souvenir of mark of courtesy. The gift
received by Judge A are only grocery items which is of minimal value and he also
accepted it just to avoid his compadre from being embarrass. More so, Judge A did
not benefit from the gift because he donates it to Typhoon Yolanda victim. There
Judge A is not liable of violating the Code of Judicial Conduct for being unethical.
X.
Yes. Atty. P, his partner in the law firm may file the required appeal brief
provided that C agreed to engage his services. Rule 18.01 of the Code of
Professional Responsibility provides that a lawyer shall not undertake a legal service
which he knows that he is not qualified to render. However, he may render such
service if, with the consent of his client. Atty P, being the partner of Atty M, who is
mentally and physically incapable of continuing his service to C, may file the
required appeal brief to the Court of Appeals.
XI.
B.
XII.
The attorney's fees form part of what is considered to be a champertous contract.

No. Such contract containing reimbursement of litigation expenses paid by the the
lawyer is against public policy, especially if the lawyer has agreed to carry on the
action at his expense in consideration of some bargain to have a part of the thing in
dispute. It violates the fiduciary relationship between the lawyer and his client.

The lawyer may still collect attorney's fees based on quantum meruit - meaning, "as
much as he deserves". The doctrine of quantum meruit is a device to prevent undue
enrichment based on the equitable postulate that it is unjust for a person to retain
benefit without paying for it. The payment will be contingent after the case is
decided. (Spouses Cadavedo v. Lacaya, G.R. No. 173188, January 15, 2014)
XIII.
The practice of law is a profession and not a money-making trade does not
operate to deny a lawyer the right to attorneys fees for his professional fees for his
professional services. Hence, the Code of Professional Responsibility allows a lawyer
to resort to a judicial action Recovery of Attorneys from a client in this case to
prevent imposition, injustice or fraud.
An attorney-client relationship can be created by implied agreement as when
the attorney actually rendered legal services for a person. The obligation of such a
person to pay attorneys fees is based on the law of contracts concept of facio ut
des (I do and you give) which is derived from from the principle that no one shall
unjustly enrich himself at the expense of another. (Corpus vs. Court of Appeals)
XIV.
C.
XV.
Yes. Law practice is imbued with public interest. As such, it must be done only
through people who by reason of academic aptitude, legal training and moral fitness
are entitled thereto. By forming a partnership with non-lawyers, a lawyer violates
the Code of Professional Responsibility provisions on abetting to unlawful practice of
law as it is likely that he will share any income derived from law practice to his nonlawyer partners.
XVI.
B.
XVII.
The refusal of Judge Clint Braso on the ground that his wife was has long
resigned from the company is justified. Under Canon 3 section 5(c) of Code of

Judicial Conduct provides the disqualification of a judge in participating in any

proceeding if a member of his or her family has an economic interest in the
outcome of the matter in controversy. In the case at bar, the wife of judge Braso
was no longer an employee of Khristopher Company, bias and lack of objectivity as
a ground for disqualification of a judge has to be proved. Mere suspicion that a
judge is partial to one of the parties is not enough; there should be evidence to
prove the charge they cannot be presumed. Therefore the said judge cannot be
disqualified from participating in the proceeding.
XVIII.
B.
XIX.
A)
Yes, Judge D committed an act of impropriety, under canon 4 section 1 of
code of judicial conduct provides that judges shall avoid impropriety and the
appearance in all their activities. In the case at bar, giving advice to Bs counsel
base on his initial assessment of the case shows that Bs evidence is weak is
improper might as well in is also improper for the judge to meet privately with the
accused without the presence of the complainant and his privately meeting with a
litigant in a resort undermines the peoples faith and confidence in the judiciary
fraternizing with litigants tarnishes this appearance
B)
The remedy is to file for Writ of prohibition, prohibiting the said judge from
participating the proceeding for being impropriety. It is a well settled rule that the
manner and attitude of a judge are crucial to everyone concerned. He should avoid
such action as would subject him to suspension of interest in a case in his court. He
should therefore do honor to his position not only by rendering just, correct and
impartial decisions but doing so in a manner free from any suspicion as to as to
their fairness and impartiality and as to his integrity.
XX.
Atty. Z is entitled to 30,000 attorneys fee, as what has been agreed in their
contract despite B terminated his service and hired a new lawyer. It is well settled
rule that a contract for professional service becomes the law of the parties when
stipulations therein are not contrary to law, good morals, good customs, public
policy or public order and in the event of the lawyers dismissal by the client before
the conclusion of the litigation without a justifiable cause, the attorney may be
entitled the full amount of the fees as stipulated in the written agreement.
Therefore Atty. Z is entitled for 30,000 as his attorneys fee.
XXI.
Yes. Refusal of Justice B to recuse from the case is proper, justice B is not the
one who render the previous judgment of the said case however it was penned by

another judge to which renders decision to the case. The disqualification to Justice
B has no legal principles nor basis to hinder himself to inhibit from deciding the
case. Therefore it is a crystal clear to which he can render judgment, and it is proper
from refusal of justice B to recuse the case. (Sandoval vs. CA)
XXII.
A. A lawyer is entitled to be compensated by his client even in the absence of an
agreement to pay, it is based on the doctrine of facias ut des ( I do and you
gave) but the compensation must be in the ground on services that has been
rendered by the council. Acquiescence by a client in his attorneys conduct may
take the place of request to act, provided that the case was such that the client
might reasonably know that he would be expected to pay the services, therefore
even in the absence of an agreement the client is bound to pay his council based
on just fees.
B. In the absence of a fee arrangement, the lawyer is paid on a quantum meruit
basis. The factors to be taken into consideration in determining the amount are:
1. The amount and character of the services rendered;
2. The labor, time and trouble involved;
3. The nature and importance of the litigation or business in which the services
were rendered;
4. The amount of money or the value of he property affected by the controversy
involved in the employment;
5. The skill and experience called for in the performance of the services;
6. The professional character and social standing of attorney;
7. The result secured; and
8. Whether or not the fee is absolute or contingent.
XXIII.
A. Yes. It is the prerogative of the client to hire a collaborating council as to the
protection of his interest, thus the collaborating council should communicate
to the original council before his appearance to the case which is ethical
when a lawyer associates to another in a pending litigation, if it is
objectionable to the original counsel he should decline the association of the
said colleague, but if the lawyer first retained is relieved, he may come into
the case. Therefore a client has the right to hire a collaborating council for
the protection of his interest.
B. Yes. Lawyer can validly withdraw as counsel base on the canon 22 rule 22.01
b when the client insists that the lawyer pursue conduct violative of these
canons and rules. But the lawyer should file a petition for withdrawal in the
court and serve a copy of the petition to his client and adverse party at least
three days before the date set for hearing otherwise the court will not allow
his withdrawal and consider his petition as a mere scrap of paper, the
reason behind this is to secure the client to have services of another council.

XXIV.
A. NO. An attorney cannot talk to his witnesses before and during trial, thus the
code of professional and responsibility Rule 12.05 - A lawyer shall refrain from
talking to his witness during a break or recess in the trial, while the witness is
still under examination. It is for the avoidance of biases between the attorney
and to its witness and for the interest of justice.
B. It is his attorneys decision will prevail. In the matter of law a lawyer shall not
allow his client to dictate on how he handle the case it is for the reason that
the lawyer is responsible to the questionable transactions for bringing suits,
or for having questionable defenses, if the lawyer will just follow the
instruction of his client then the lawyer will not be competent to answers the
questions to the other party.
XXV.
As a counsel of a I will file a criminal case against his husband who is a
judge, in the grounds of violence against women under Republic act 9262 for
physiological violence or concubinage under the revised penal code or any other
crime involving moral turpitude. If such judge will be convicted the judge himself
shown that he is unfit to discharge his judicial function or that he is no longer of
good moral character.
XXVI.
A. Yes. A lawyer shall represent his client with zeal within the bounds of the law as
provided in Canon 19. The client may later on refuse to honor the amicable
settlement forged by his attorney.
B. Under Cannon 22, a lawyer shall withdraw his services only for good cause and
upon notice appropriate in the circumstances. Therefore, a lawyer who
withdraws shall be subject to a retaining lien.
XXVII.
B.
XXVIII.
Yes. The disbarment of Atty. Forma abroad may be considered as a ground
for disbarment proceedings here in the Philippines if such instance shows a loss of
his good moral character, a qualification he has to maintain in order to remain a
member of the Philippine Bar.
XXIX.
B.

XXX.
A.
No. MCLE is required of members of the Integrated Bar of the Philippines to
ensure that throughout their career, they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the standards of the practice of
law.
B.
Yes. Canon 18 provides that a lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection therewith shall render him liable.
A client who suffers prejudice may file an action for damages against him.
C.
No. The practice of law is a privilege and It is the duty of every lawyer to
support the activities of the IBP. Default in payment of IBP shall warrant suspension
and a ground for the removal of the delinquent member from the Roll of Attorneys.