1990 BAR EXAMINATION

Question No. 1:

Mrs. Amy Dizon’s husband was killed in a traffic accident. She wants to sue the bus
company for damages but she cannot afford a lawyer. She approached Atty. Larry Rio who
agreed to handle the case without any retainer’s fee or expenses on her part, on the condition
that in case of recovery of damages, he shall get 33% of the award by the court.

Is this arrangement valid and permissible? Decide with reasons.

Question No. 2:

Your services as a lawyer are engaged by John Dizon to defend him from the charges
of malversation of public funds before the Sandigan Bayan. John confessed to you that he
actually misappropriated the amount charged but she said it was out of extreme necessity to
pay for the emergency operation of his wife.

Will you agree to defend him? State your reason.

Question No. 3:

1. A judge had been seen having a lunch with a litigant with a case pending before him in a
court. He was also seen at the race track placing bet on certain horses. How would you
evaluate the behaviour of the judge? Explain.

2. Discuss the propriety of a judge standing as sponsor at the wedding of the son of the
litigant his court?

Question No. 4:

1) Would it be proper for the judge to accept a donation of a lawyer’s table and chairs for
his sala from the local chapter of the Integrated Bar of the Philippines (IBP)? Explain
your answer.

2) May a judge properly solicit for his promotion the endorsement of the local chapter of
the IBP to the Judicial and Bar Council? Explain your answer.
Question No. 5:

1) What would you comment be about a judge who, whenever he promulgates a decision,
invites representatives of the print and broadcast media to his sala for the purpose of
having the promulgation televised, and that in the process, he gives interviews although
he does not discuss his personal views on the merits of the case? Explain your answer.

How far should a judge allow publicity of the proceedings and decisions of his court? Explain
your answer.

Question No. 6:

A lawyer charged his clients P10,000.00 for filing fees pertaining to the complaint he
filled in court. He actually spent only P1,000.00. He did not account for the balance.

1) May his client charge him for misconduct as a member of the Philippine Bar? Explain
your answer.
2) Suppose that the lawyer should be charge, how and where should the complaint be
filled? Explain your answer.

Question No. 7

Atty. Chito Subretodo was retained by Buddy Capilla to handle his case in the Securities
and Exchange Commission. There is a tax angle so Sobretodo consulted Atty. Romy Collado, a
tax expert, and for his assistance shared 50% of the retainer fees with Collado?

Is this proper?

Question No. 8:

In a civil case before the Regional Trial Court between Mercy Sanchez and Cora
Delano, Sanchez engaged the services of the Reyes Cruz and Santos Law Offices. Delano
moved for the disqualification of the Reyes Cruz and Santos Law Offices on the ground that
Atty. Cruz is an incumbent senator.
 1992 BAR EXAMINATION

Question No. 1:

Atty. V. Suarez represented Altamarino in an ejectment case against Orbido. Judgement

was rendered in favor of Altamarino and Orbido vacated the property forthwith. Subsequently, a
case for annulment of Altamarino’s title over the property subject of the ejectment case was
filed by Orbido who is now represented by Atty. Suarez. Altamarino filed a motion for
disqualification of Atty. Suarez for representing conflicting interest as the latter was his lawyer in
the ejectment case against attorney and client relationship between her and Altamarino had
already terminated and that she did not obtain any confidential information regarding
Altamarino’s title in handling the ejectment case, which is different from the present case for
annulment of title.

Rule on the motion for disqualification of Atty. Suarez should be granted.

Question No. 2:

Prosecutor Daniel Marquinez 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 conclusions that the accused was really
guilty. However, the version of one eyewitness showed that the accused acted in self defence.

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

Question No. 3:

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 the said estafa case was investigated by Atty. De Pano when he was still a
Prosecutor.

Should Atty. Pano accept employment as private prosecutor is said estafa case?
Explain.

Question No. 4:

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 her 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.

Question No. 5:

Judge Dino was transferred to regional trial Court of Pasig after serving as Judge of the
Regional Trial Court in Sorsogon. Delighted with her transfer, she immediately assumed her
new post. However, she brought with her the records of five cases which are completely heard
by her in her former assignment and already submitted for decisions. Thereupon, she prepared
the decision in said five cases, by registered mail to her former Clerk of Court. One of the losing
parties questioned the authority of the Judge Dino in deciding the cases after she transfer to
Pasig.

Are the decisions rendered by Judge Dino in the five cases valid? Why?

Question No. 6:

Gliceria Magat who works as clerk typist in the Dimakali Law Offices wrote a letter to the
Supreme Court accusing her employer Atty. Dimakali of violating her honor several times. He
would invite her to go out on official business only to bring her Regina Court, a motel in Ermita.
There he would force his desires on her. Whenever she remonstrated and fought him, he would
threaten to dismiss her. She asked the Supreme Court to disbar that “monster lawyer who
thinks nothing of violating the honor and purity of virgins like me.”

1) Is there any ground for disciplining Atty. Dimakali? Explain.

2) Suppose Atty. Dimakali is the Head of the Legal Division of the Department of Agrarian
reform. Under the foregoing set of facts, would you advise Ms. Magat to take the same
action, that is, ask the Supreme Court to disbar her lawyer boss? Explain your answer.

Question No. 7:

Atty. Cecilio Hilado, a member of the Sangguniang Panlalawigan og Bohol was engaged
by Irene Gemora as counsel in a case for malversation of public funds which she filed against
City Treasurer Paulino Alvarez. When Hilado accepted the case, City Treasurer Alvarez filed an
administrative case against Hidlado for practicing law in violation of Sec 7 of republic Act No.
6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) which inter
alia states that:”(b) Public Officials, during their incumbency shall not ....(2) engaged in the
private practice of their profession unless authorized by the Constitution of law....”

Hilado then filed a Motion to dismiss on the Ground that 1) he is very selective in
accepting cases and appears in court only outside of sessions, hours of Sangguniang
Panlalawigan; and 2) in any event it is the Supreme Court alone, under Art. VIII, Sec 5 of the
Constitution that has the power to “promulgate rules concerning pleading, practice and
procedure in all courts....”

How valid are the arguments of Hilado? Resolve the case.

Question No. 8:

A complaint was filed with the Integrated Bar of the Philippines (IBP) by Mrs. Remy
Rozon against Atty. Matapobre asking that the latter be suspended from the practice of law
indefinitely for being a notorious usurer and for filing groundless suits for various sums of
money against his victims.

Mrs. Razon described the modus operandi of respondent thus: Matapobre would require
a prospective borrower to secure a promissory note in bank, if he has none at the moment.
Then Matapobre would fill up the notes showing the principal, as well as the interest rate at
20% a month or 120% per annum, plus other charges and attorneys fees. Before maturity of
the checks, Matapobre would inquire from the debtor whether his deposit is already funded. If
he answers in the negative, which was more often than not, Matapobre would magnanimously
assure the debtor that he would forgo presentment of the checks as long as the debt is paid.
However, the moment the debt falls due, regardless of whether the checking account is funded,
Matapobre would insist on payment. If none is forth coming, Matapobre would file a criminal
case against the delinquent debtor for issuance of a bouncing check in violation of Batas
Pambansa Blg. 22. Mr. Rozon declared that Matapobre, having victimized several persons and
pushed them to brink of penury, has acquired the reputation of being a loan shark, it was only
she who had he courage to file charges against the lawyer/usurer.

During the investigation before the IBP, Matapobre interposed the following defences: 1)
he cannot possibly be charged with usury since the Usury Law has been virtually repealed and
the Central Bank allows the imposition of any rate of interest; 2) even assuming that he charges
“usurious” rates of interest, the debtor freely assumes the obligation; 3) the charges being
preferred against him concern his personal conduct and has nothing to do with the practice of
his profession; and
4) the IBP has no jurisdiction over his acts, personal or professional. If at all, it is only the
Supreme Court that can discipline him.

How do you dispose of Matapobre’s arguments? Rebut each one in sequence.

Question No. 9:

In connection with a sensational criminal case, the Public Relation Officer of All Judges
Association, Inc. Issued two press releases, one stating that the trial judge should not have
granted bail to the accused since evidence of guilt was strong and the other, calling upon said
judge to inhibit himself from trying the case since he did not exhibit the cold neutrality of an
impartial judge in ruling upon certain motions.

Comment on the actuations of the Public Relations Officer who is presumably

authorized by the Associations.

Question No. 10:

The Court Appeals affirmed the judgement of conviction of Atty. Gncho for violation of
B.P. Blg. 2 and likewise suspended him indefinitely from the practice of law. There upon Atty.
Gancho filed a Motion for Reconsideration assailing the validity of his suspension from the
practice of law contending that the Court of Appeals acted as offended party, prosecutor and
judge all at the same time.

1) Resolve this motion.

2) Despite the order suspending him from the practice of law, Atty. Gancho still continued,
to prosecute the ejectment cases which he himself filed against his tenants. The tenants
then questioned the authority of Atty. Gancho to prosecute the cases when he is under
suspension.

May Atty. Gancho be allowed to continue appearing in the ejectment cases?

 1994 BAR EXAMINATION

Question No. 1:

On the day of his arraignment, your client confided in you that he in fact killed the victim for
which he was being charged with murder. You had been led to believe

Initially that he was just being framed and that another person had committed the crime.

1. How will you advise your client to plead?

2.If he should refuse to heed your advise, what course of action will you pursue?

Question No. 2:

Atty. Aguirre as counsel de officio for boy Batong Bakal, 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 as part of the loot in the crime which he is
acquitted. Knowing that Boy can no longer be prosecuted on the grounds of double jeopardy,
Atty. Aguirre sent him a bill for his services as counsel de officio.

Please give your reasoned comments on the ethical CONSIDERATIONS if any is involved in
the above case.

Question No. 3:

The law firm of Rodriguez, Delfin and Zafra had been in existence for almost 25 years and
had built up an excellent reputation and a well heeled clientele. Sometimes last year

Partner Zafra died of coronary disease but Rodriguez and Delfin refused to drop his name
from the firm name.

May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firm name?

Question No. 4:

During the course of his cross examination, your client had testified to events and
circumstances which you personally know to be untrue. If his testimony was given credence
and accepted as fact by the court, you are sure to win your clients case.

Under the code of professional responsibility, what is your obligation to:

a) The Court

b) Your client
c) The public?
Question No. 5:

The client with whom you have a retainer agreement had not been paying you contrary to
your stipulations on legal fees as you continue to appear at hearings in his case. A
judgment was finally rendered in your clients favor awarding him the real property in
litigation as well as a substantial amount in damages.

As a counsel who had not been paid what steps can you take to protect your interest?

Question No. 6:

A verified complaint for disbarment was filed against Atty. Cruz who was accused of
misappropriating funds belonging to the complainant. 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
has 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. As the hearing officer,
how will you react to the motion of Atty. Cruz?

Question No. 7:

JG, a known vagrant was defended by Atty. Go in his trial for robbery with homicide.

After he had been convicted, he appealed to reverse the decision of the court claiming he
was deprived the constitutional right to counsel when the court appointed Atty. Go as
counsel de officio in spite of his request to the court that he preferred Atty. Concepcion
whom he knew to be an excellent criminal lawyer. Is JG correct?

Question No. 8:

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 of the president. He thereupon petitioned the Supreme Court for
reinstatement to the practice of law as a legal and logical consequence of the absolute
pardon. Is he entitled to reinstatement?

Question No. 9:

Deciding a case for malicious prosecution, Judge Sales awarded attorney’s fees and
expenses of litigation, in addition to exemplary damage to the plaintiff.
1. Did the judge act within his discretion in awarding attorney’s fees?
2. As counsel for the plaintiff, are you entitled to receive the attorney’s fee thus awarded in
addition to your stipulated attorney’s fees?
Question No. 10:

The law firm of Sale, Santiago and Aldeguer has an existing and current retainership
agreement with XYZ corporation and ABC company, both of which were pharmaceutical
firms, XYZ corporation discovered that a number of its patented drugs had been duplicated
and sold in the market under ABC company’s brand names, XYZ corporation turned to the
law firm and asked it to bring suit against ABC company for patent infringement on several
counts.

What are the ethical considerations in this case and how are you going to resolve them?

Question No. 11:

1. May a client dismiss his lawyer at any time?

2. May a lawyer withdraw as counsel at any time?

Question No. 12:

Mindful that the law is a profession and not a trade or business; what are the factors must
you, as a lawyer consider in charging reasonable compensation for your services?

Question No. 13:

In a civil case, the defendant discovered that the counsel for plaintiff was used to be a
member of the Judicial and Bar Council during whose time the Judge presiding over the
case was appointed and confirmed by him. He filed a motion to inhibit the Judge on the
ground that latter’s ability to act independently and judiciously had been compromised and
seriously impaired because of his “utang na loob” to the plaintiff’s counsel.

If you were the Judge, how will your rule the motion?

Question 14:

After a study of the records of the case and deciding that the plaintiff was entitled to a
favorable judgment, Judge Reyes requested Atty. Sta. Ana for the plaintiff, to prepare a
draft decision. Judge Reyes then reviewed the draft decision prepared by Atty. Sta. Ana and
adopted its decision for the plaintiff. Judge Reyes saw nothing unethical in the procedure he
would asked the other party to do the same if it were the prevailing party.

Please Comment if Judge Reyes decision was ethical and proper?

Question No. 15:

While Atty. Lancia was on his way to the office in Makati, he chanced upon a vehicular
accident involving a wayward bus and a small Kia whose driver, a Mr. Malas, suffered
serious physical injuries. Coming to the succor of the injured Mr. Malas; Atty. Lancia drove
him to the nearest hospital. On the wqay to the Hospital Mr. Malas found out that Atty.
Lancia was a practicing lawyer In gratitude of his help , Mr Malas retained Atty. Lancia to file
a suit against the bus company and its driver.

If you were Atty. Lancia would you accept the case?

 1996 BAR EXAMINATION

Question No. 1:

1) Define legal ethics.

2) What is the significance of lawyer’s oath?

Question No. 2:

1) The Code of Professional Responsibility is to lawyers, as the Code of Judicial

Conduct is to members of the bench.

How would you characterize the relationship between the judge and the lawyer?
Explain.

2) Generally, only those who are members of the bar can appear in court. Are the
exclusions to this rule? Explain.

3) Should a lawyer accept a losing case: (a) in a criminal case; (b) in a civil case.
Explain.

Question No. 3:

1) Why is a lawyer an “officer of the court?” Explain.

2) Is a lawyer (a) always a notary public; or (b) is a notary public always a lawyer?
Explain.

Question No. 4:

1) Atty. Z, a Notary public commissioned in Quezon City, attended a wedding at Makati, B

requested Z to notarized 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 files a case for disbarment against Atty. Z.

a) What is the liability of Atty. Z, if any? Explain.

b) Where the complaint for disbarment should be filed?
 2) Congress woman C is a senior partner in a law firm. Although C is no longer appear in
court, she advises clients and corrects the pleadings of her assistants. A political
opponent lodged a complaint with the House Committee on ethics contending that
Congresswoman C is prohibited by the Constitution to practice law.

Will the complaint prosper? Explain.

Question No. 5:

1) Talbog, a small town, has only two practicing lawyers. Jose, a good friend of Judge M,
requested the latter to notarize a deed of sale for his farm lot, because the two lawyers
of their town charged exorbitant fees. Judge M notarized the document and charged
P10.00 as fee. The two lawyers complained to the Supreme Court.

a) Will their complaint prosper? Explain

b) Can Judge M charge a fee?

2) Atty. X retained by E in case for violation of BP 22 filed by B before the scheduled

hearing, Atty. X assured B that E would pay the value of the dishonored check. Elated at
the prospect of being paid, B wined and dined Atty. X several times. Atty. X convinced B
not to appear at the scheduled hearing. Due to non-appearance of B , the estafa case
was dismissed for failure to prosecute. B, however, was never paid. Thus, she filed a
case for disbarment against Atty. X.

Does the conduct of Atty. X constitute malpractice? Explain.

Question No. 6:

1) May a law firm use the name of a deceased partner? Qualify.

2) Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z, firmly
believes that Y is guilty of the crime of rape.

If you were Atty. Z, would you still accept the case? Explain.

Question No. 7:

1) In a hearing before the Court of Tax Appeals, Atty. G was invited to appear as amicus
curiae. One of the Judges hearing the tax case is the father of Atty. G. The counsel for
the respondent moved for the inhibition of the judge in view of the father-son
relationship.
 Is there merit to the motion? Decide.

2) A group of businessmen formed a corporation, the primary purpose of which is furnish

legal advised and service to the subscribers as a collection agency. To accomplish this
purpose, the group planned to employ a staff of lawyers to initiate and prosecute
collection suits entrusted to it by its clients. The SEC denied registration of the
corporation on the ground that it was disqualified to practice law.

Is the SEC correct? Discuss briefly.

Question No. 8:

1) May a judge be disciplined by the Supreme Court based solely on a complaint filed by
the complainant and the answer of respondent Judge? If so, under what circumstances?
What is the rationale behind this power of the Supreme Court?
2) 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 disclosed 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 judgement.

May the Judge be considered as an undeserving appointee and therefore be

removed from his office?

Question No. 9:

1) In a homicide case, Atty. M was appointed by the Court as counsel de officio for F, the
accused. After trial F was acquitted. Atty. M sent F a bill for attorney’s fees.
a) Can F be compelled to pay? Explain.
b) Can F employ a counsel de parte to collaborate with Atty. M, his counsel de officio?
Explain.

2) In a murder trial, Judge to asked searching questions of all the witnesses for the
accused prompting Atty. O counsel of the accused, to request Judge T to desist from
acting as counsel for the prosecution. The Judge, however, reminded Atty. O that she
wanted to determine whether the accused was guilty of the crime charged.

Is it proper for Judge T to take an active part on the examination of the accused
witnesses?
Question No. 10:

1) Judge P decide an annulment of title suit in favour of A. After the decision had become
final and executor. A sold property to a realty firm. Judge P, a good friend of the owner
of the realty firm, purchased two lots in the property at a substantial discount.
a) Did Judge P violate any provision of the Civil Code with respect to the purchase of a
litigated property?
b) Did Judge P go against any provision of the Civil Code with respect to
the purchase of a litigated property?

2) Justice C recently retired. The parents of the victims of the OZONE Disco tragedy
retained him in the case for damages which they filed against the owners of the Disco,
Quezon City officials and Quezon City.
Can he appear as counsel for the victims’ parents? Explain.

3) Upon being replaced by Justice C, Atty. B, the former counsel of the victims of the
Ozone Disco tragedy, was directed toward all the documents in his possessions to
Justice c. Atty. B refused, demanding full compensation pursuant to their written
contract. Sensing that a favourable judgement was forthcoming, Atty. B filed a motion in
court relative to his attorney’s fees, furnishing his former clients with copies thereof.

Is Atty. B legally and ethically correct in refusing to turn over the documents and
in filing the motion? Explain.