Martinez, Yves Tristan V. 7.

Q: Alex filed before the MeTC a formal Entry of

Appearance as private prosecutor in a criminal case
Practice of Law for Grave Threats where his father was the
complainant. Describing himself as a third year law
1. Ronnie, a paralegal in a law firm, helped Beth in a
student, he justified his appearance as private
property dispute in which she was involved by giving
prosecutor on the basis of Section 34 of Rule 138 of
her legal advice and preparing a complaint that she
the Rules of Court. However, the MeTC denied his
eventually filed in court under her own signature.
request on the ground that Circular No. 19 governing
When the lawyer for the defendant learned of it, he
limited law student practice in conjunction with Rule
told Ronnie to desist from practicing law. But he
138-A should take precedence over the ruling of the
disputed this, claiming that he had not practiced law
Court that a non-lawyer may appear before the
since he did not receive compensation from Beth for
inferior courts as an agent or friend of a party litigant.
his help. Is Ronnie correct?
Was the denial of the court proper?
2. Evelyn works as a court stenographer at the Regional
8. Q: Ferdinand Cruz sought permission to enter his
Trial Court of Legaspi City. One day, Evelyn offered
appearance for and on his behalf before the RTC as
to extrajudicially settle the estate of the mother of her
the plaintiff in a Civil Case for Abatement of
friend, Leticia. Evelyn was paid for her services.
Nuisance. Cruz, a fourth year law student, anchors
Leticia later on learned that Evelyn had no authority
his claim on Section 34 of Rule 138 of the Rules of
to settle her deceased mother's estate as she was not
Court that a nonlawyer may appear before any court
even a lawyer but an ordinary court employee.
and conduct his litigation personally. Judge Mijares
Consequently, Leticia filed an administrative case
denied the motion with finality. In the same Order,
against Evelyn. Does the preparation of an
the trial court held that for the failure of Cruz to
extrajudicial settlement of estate constitute practice
submit the promised document and jurisprudence and
of law?
for his failure to satisfy the requirements or
3. Atty. Ladaga, a clerk of court, appeared as counsel
conditions under Rule 138-A of the Rules of Court,
for and in behalf of his cousin in a criminal case for
his appearance was denied. Did the court act with
falsification of public documents before the MeTC of
grave abuse of discretion amounting to lack or excess
Quezon City. The appearance of Atty. Ladaga in said
of jurisdiction when it denied the appearance of Cruz
case was without the previous permission of the
as party litigant?
Court. Did Atty. Ladaga violate the Code of Conduct
9. Eric, a labor federation president, represented Luisa,
and Ethical Standards for Public Officials and
a dismissed WXT employee, before the NLRC. Atty.
Employees by engaging in private practice?
John represented Luisa's two co-complainants. In due
4. Ching was born on April 1964 to a Filipino mother
course, the NLRC reinstated the three complainants
and Chinese father. Because of questions concerning
with backwages and awarded 25% of the backwages
his citizenship, he was only conditionally allowed to
as attorney’s fees, 15% for Atty. John and 10% for
take the bar examinations. Upon passing the bar, he
Eric, a non-lawyer. When WXT appealed to the
was required to present further proof of citizenship
Court of Appeals, Atty. John questioned Eric’s
and was not allowed to take the Oath. Can he elect
continued appearance before that court on Luisa’s
Philippine citizenship, 14 years after reaching the age
behalf, he not being a lawyer. Is Eric's appearance
of majority (required under the 1935 Constitution)?
before the Court of Appeals valid? (2011 Bar)
5. Atty. Melendrez filed a petition to disqualify Meling
10. Kanlaon Construction and Reluya, et al. cases were
from taking the bar exams and to impose disciplinary
assigned before two labor arbiters. Without written
penalty as a member of the Shari'a Bar. He alleged
authority to represent Kanlaon Construction, the
that in his application to take the bar, Meling failed to
engineers who were co-defendants of Kanalaon,
disclose the fact that he has 3 pending criminal cases.
admitted the complaints against them. Consequently,
Also, Meling has been using the title “Attorney" in
the labor arbiters adjudicated the case in favor of
his communications as secretary to the Mayor.
Reluya et al. Can the engineers represent their co-
Should Meling be disqualified from being admitted to
defendant in the labor cases?
the Bar?
11. :At the start of the preliminary conference before the
6. Argosino passed the bar examinations held in 1993.
Supreme Court, Atty. Jesus Falcis failed to rise and
The Court, however, deferred his oath-taking due to
manifest his presence when appearances for
his previous conviction for Reckless Imprudence
petitioners were called. He also failed to rise during
Resulting in Homicide. The criminal case, which
the initial round of questioning by the Justices. When
resulted in Argosino’s conviction, arose from the
responding to them, he failed to address them in
death of a neophyte during fraternity initiation rites.
keeping with customary courtesies. Throughout the
Various certifications showed that he is a devout
proceedings, he acted as though he was unprepared
Catholic with a genuine concern for civic duties and
and without knowledge of the decorum typical to
public service. Also, it has been proven that Mr.
appearing in court. Is Atty. Falcis guilty of direct
Argosino has exerted all efforts to atone for the death
contempt of court?
of Raul. Should Argosino be allowed to take his
12. A judge cited complainant, a driver at the
lawyer's oath?
Engineering Department of the Makati City Hall, in
contempt for using the former’s parking space, and
 refused to accept the driver’s apology. Is the judge
administratively liable for grave abuse of authority in
citing the driver for contempt of court?
13. Q: Balajadia filed a criminal case against Tan. In
paragraph 5 of the complaint-affidavit, Balajadia
appeared to have asserted that he is a "practicing
lawyer”. However, certifications issued by the Office
of the Bar Confidant and the IBP showed that he has
never been admitted to the Philippine Bar. Hence,
Tan filed a case against him claiming that he is liable
for indirect contempt for misrepresenting himself as a
lawyer. In defense, Balajadia claimed that the
allegation that he is a practicing lawyer was an honest
mistake. He stated that the secretary of Atty. Aquino
prepared the subject complaintaffidavit copying in
verbatim paragraph 5 of Atty. Aquino’s complaint-
affidavit. It was inadvertently alleged that he was a
“practicing lawyer in Baguio City” which statement
referred to the person of Atty. Aquino and his law
office address. Is Balajadia liable for indirect
contempt?
14. Q: After the SC suspended Atty. Baliga from the
practice of law, the Commission on Human Rights
suspended him from his position as Director/Attorney
VI of the CHR Region II. According to the CHR,
Atty. Baliga's suspension from the practice of law
"prevented him from assuming his post as Regional
Director for want of eligibility in the meantime that
his authority to practice law is suspended." Atty.
Baliga argued that he cannot be suspended for acts
not connected with his functions as CHR Regional
Director. According to Atty. Baliga, his suspension
from the practice of law did not include his
suspension from public office. Is Atty. Baluga
correct?
15. Q: Atty. Sagucio was the former Personnel Manager
and Retained Counsel of Taggat Industries Inc. until
his appointment as Assistant Provincial Prosecutor of
Tuguegarao. Taggat Industries was sequestered by
the PCGG and ceased its operations. As Assistant
Provincial Prosecutor, he was assigned to conduct the
preliminary investigation over a criminal case filed
against Taggat Industries. He recommended the filing
of 651 Informations for violation of the Labor Code.
He was then charged for violating Rule 15.03 of the
Code of Professional Responsibility and for defying
the prohibition against private practice of law while
working as government prosecutor. Is Atty. Sagucio
guilty of engaging in private practice of law while
working as an Assistant Provincial Prosecutor?
16. Q: Atty. Dude is the COMELEC Officer in a very
distant municipality. He is the only lawyer in that
area. When election period is over, he has much spare
time. Many people go to him for counseling, legal
advice, preparation of documents of Sale, Mortgage
and the like. He does not charge a fee in money, but
he receives gifts which are offered. Is there
impropriety?
CANON 1
1. Atty. Tansingco was a notary public who prepared
and notarized an Occupancy Agreement at the
request of Mr. Stier, the owner and long-time resident
of a real property located in Cubao. Since Mr. Stier is
a U.S. Citizen and thereby disqualified to own real
property in his name, he agreed that the property be
transferred in the name of Mr. Donton, a Filipino.
Donton averred that Atty. Tansingco’s act of
preparing the Occupancy Agreement, despite
knowledge that Stier is a foreign national, constitutes
serious misconduct and is a deliberate violation of the
Code. Is Atty. Tansingco guilty of serious
misconduct?
2. Q: Prosecutor Coronel entered his appearance on
behalf of the State before a Family Court in a case for
declaration of nullity of marriage, but he failed to
appear in all the subsequent proceedings. When
required by the Department of Justice to explain, he
argued that the parties in the case were ably
represented by their respective counsels and that his
time would be better employed in more substantial
prosecutorial functions, such as investigations,
inquests and appearances in court hearings. Is Atty.
Coronel’s explanation tenable? (2006 Bar)
3. Prosecutor Coronel entered his appearance on behalf
of the State before a Family Court in a case for
declaration of nullity of marriage, but he failed to
appear in all the subsequent proceedings. When
required by the Department of Justice to explain, he
argued that the parties in the case were ably
represented by their respective counsels and that his
time would be better employed in more substantial
prosecutorial functions, such as investigations,
inquests and appearances in court hearings. Is Atty.
Coronel’s explanation tenable? (2006 Bar)
4. In a case for disbarment against Atty. Ivan M.
Solidum, Jr., the IBP-CBD found that he committed
the following acts: (1) signing drawn checks against
the account of his son as if they were from his own
account; (2) misrepresenting to Navarro the identity
of the lot he mortgaged to her; (3) misrepresenting to
Presbitero the true value of the 263- square-meter lot
he mortgaged to her; (4) conspiring with Yulo to
obtain the loans from complainants; (5) agreeing or
promising to pay 10% interest on his loans although
he knew that it was exorbitant; and (6) failing to pay
his loans because the checks he issued were
dishonored as the accounts were already closed. Is
Atty. Solidum guilty of violating the Code of
Professional Responsibility?
5. Atty. XX rented a house of his cousin, JJ, on a
month-to-month basis. He left for a 6-month study in
Japan without paying his rentals and electric bills
while he was away despite JJ's repeated demands.
Upon his return to the Philippines, Atty. XX still
failed to settle his rental arrearages and electric bills,
drawing JJ to file an administrative complaint against
Atty. XX. Atty. XX contended that his nonpayment
of rentals and bills to his cousin is a personal matter
which has no bearing on his profession as a lawyer
 and, therefore, he did not violate the Code of Atty. Melissa subject to disciplinary action if she
Professional Responsibility. Is Atty. X's contention in eventually handles the case for him?
order? Explain. (2010 Bar) 12. Jon de Ysasi III was employed by his father in their
6. Carmelite has unpaid obligations to NHFMC which farm. During the entire period of his illness, his father
is secured by a mortgage. To process the redemption took care of his medical expenses and he continued to
of the mortgaged property, Carmelita’s children, receive compensation. However, without due notice,
Verlita and Raymond called Atty. Ramon and his father ceased to pay his salary. He made oral and
expressed their intention to redeem the property by written demands through Atty. Sumbingco for an
paying the redemption price of 350,000. Atty. Ramon explanation for the sudden withholding, as well as for
informed them that the redemption was under the remittance of his salary. Both demands were not
process, and that the certificate of redemption would acted upon. He filed a case in court. Can the lawyers
be issued in two to three weeks’ time. Verlita and employed by the parties be admonished for not trying
Raymond later found out that Atty. Ramon had not to reconcile the parties before the filing of the suit?
deposited the redemption price and had not filed the
letter of intent for redeeming the property. Atty. CANON 2
Ramon promised to return the money but failed to do
1. Q: Wanda finally became pregnant in the 10th year of
so. Should Atty. Ramon be held administratively
her marriage to Horacio. As her pregnancy
liable?
progressed, she started having difficulty breathing
7. Rose Bansig filed a complaint for disbarment against
and was easily fatigued. The doctors diagnosed that
Atty. Celera. Celera was legally married to Bansig’s
she has a heart congestion problem due to a valve
sister, Rosemarie Bunagan. However,
defect, and that her chances of carrying a baby to full
notwithstanding the marriage with Bunagan, Atty.
term are slim. Wanda is scared and contemplates the
Celera contracted another marriage with a certain
possibility of abortion. She thus sought legal advice
Ma. Cielo Paz Torres Alba, as evidenced by a
from Diana, a lawyerfriend and fellow church
certified copy of the certificate of marriage. Despite
member, who has been informally advising her on
numerous efforts of Rose and the court, Atty. Celera,
legal matters. What is Diana’s best ethical response?
in his defense, repetitively stated that he had no
(2013 Bar)
knowledge of the complaint since he has yet to
2. Q: Atty. Tabalingcos was charged with unlawfully
receive a copy of it. Is the contention of Atty. Celera
soliciting clients and advertising legal services
tenable?
through various business entities. He allegedly set up
8. An administrative complaint for disbarment was filed
two financial consultancy firms, Jesi and Jane
against Atty. Iris for allegedly carrying an immoral
Management, Inc. and Christmel Business Link, Inc.,
relationship with Carlos, husband of complainant
and used them as fronts to advertise his legal services
Leslie. Atty. Iris contended that her relationship with
and solicit cases. However, he contended that his law
Carlos was licit because they were married. And
firm had an agreement with Jesi and Jane
when she discovered Carlos’ true civil status, she cut
Management, Inc., whereby the firm would handle
off all her ties with him. Is Atty. Iris guilty of
the legal aspect of the corporate rehabilitation case;
committing gross immoral conduct warranting her
and that the latter would attend to the financial aspect
disbarment?
of the case’ such as the preparation of the
9. Chu retained Atty. Guico as counsel to handle labor
rehabilitation plans to be presented in court. Is Atty.
disputes involving his company. In one case, Atty.
Tabalingcos guilty of unlawful solicitation?
Guico asked Chu to prepare a substantial amount of
3. Atty. David agreed to give ½ of his professional fees
money to be given to the NLRC Commissioner
to an intermediary or commission agent and he also
handling the appeal to insure a favorable decision.
bound himself not to deal directly with the clients.
Chu was able to raise P300,000 for the purpose. Atty.
Can he be subject to disciplinary action?
Guico again advised Chu to raise anotherP300,000.00
4. Atty. Dulcinea writes a regular column in a
to encourage the NLRC Commissioner to issue the
newspaper of general circulation and articles on
decision. But Chu could only produce P280,000.00.
unforgettable legal stories in a leading magazine. Her
The NLRC’s decision was adverse to Chu. Was the
by-line always includes the name of her firm where
advice given by Atty. Guico proper?
she is a named partner. Would you consider this as
10. Atty. Asilo, a lawyer and a notary public, notarized a
improper advertising?
document already prepared by spouses Roger and
5. A paid advertisement appeared in the July 5, 2000
Luisa when they approached him. It is stated in the
issue of Philippine Daily Inquirer, which reads:
document that Roger and Luisa formally agreed to
"ANNULMENT' OF MARRIAGE Specialist 532-
live separately from each other and either one can
4333/521-2667." Similar advertisements were
have a live-in partner with full consent of the other.
published in the August 2 and 6, 2000 issues of the
What is the liability of Atty. Asilo, if any? (1998 Bar)
Manila Bulletin and August 5, 2000 issue of The
11. Atty. Melissa witnessed the car accident that resulted
Philippine Star. Does the appearance of such in a
in injury to Manny, a friend of hers. While visiting
newspaper, amount to advertising and solicitation of
him at the hospital, she advised him about what
legal services prohibited by the Code of Professional
action he needed to take regarding the accident. Is
Responsibility and the Rules of Court?
CANON 3
1. Atty. E has a daily 10-minute radio program billed as
a “Court of Common Troubles.” The program is
advertised by the radio station as a public service
feature for those who seek but cannot afford to pay
for legal advice. Its sponsors include a food
processing company and a detergent manufacturing
firm which share with the radio station the monthly
remuneration of Atty. E. Is there any impropriety in
Atty. E’s role under the above arrangement? (1997
Bar)
2. Atty. Nelson recently passed the Bar and wanted to
specialize in marine labor law. He gave out calling
cards with his name, address and telephone number
in front, and the following words at the back: "We
provide legal assistance to overseas seamen who are
repatriated due to accident, illness, injury, or death.
We also offer FINANCIAL ASSISTANCE." Does
this constitute ethical misconduct? (2012 Bar)
3. As a new lawyer, Attorney Novato started with a
practice limited to small claims cases, legal
counseling, and notarization of documents. He put up
a solo practice law office and was assisted by his
wife who served as his secretary/helper. He used a
makeshift hut in a vacant lot near the local courts and
a local transport regulatory agency. With this
strategic location, he enjoyed heavy patronage
assisting walk-in clients in the preparation and filing
of pleadings and in the preparation and notarization
of contracts and documents. He had the foresight of
investing in a good heavy duty copier machine that
reproduces quality documents, and charges a
reasonable fee for this service. He put up a shingle
that reads: "Atty. Novato, Specialist in Small Claims,
Fastest in Notarization; the Best and Cheapest in
Copier Services."
Is Attorney Novato’s manner of carrying out his
professional practice in keeping with appropriate
ethical and professional practice? (2013 Bar)
CANON 6
1. Provincial Prosecutor Bonifacio refused to represent
the Municipality of San Vicente in a case for
collection of taxes. He explained that he cannot
handle the case with sincerity and industry because
he does not believe in the position taken by the
municipality. Can Prosecutor Bonifacio be
sanctioned administratively? (2006 Bar)
2. From the viewpoint of legal ethics, why should it be
mandatory that the public prosecutor be present at the
trial of a criminal case despite the presence of a
private prosecutor? (2001 Bar)
3. Q: Solicitor General Estelito Mendoza filed a petition
with the CFI praying for the assistance and
supervision of the court in the GenBank’s liquidation.
Mendoza gave advice on the procedure to liquidate
the GenBank. Subsequently, President Aquino
established the PCGG to recover the alleged ill-
gotten wealth of former President Marcos, his family
and cronies. The PCGG filed with the Sandiganbayan
a complaint for reversion, reconveyance, restitution,
accounting and damages against Tan, et al. and
issued several writs of sequestration on properties
they allegedly acquired. Tan, et al. were represented
by former SolGen Mendoza, who has then resumed
his private practice of law. The PCGG filed motions
to disqualify Mendoza as counsel for Tan, et al.,
alleging that then SolGen and counsel to Central
Bank, “actively intervened” in the liquidation of
GenBank, which was subsequently acquired by Tan,
et al. Is Rule 6.03 of the CPR applicable to Mendoza?
CANON 7
1. In the election of national officers of the IBP, the SC
received reports of electioneering and extravagance
that characterized the campaign of the 3 candidates
for President of the IBP. It is alleged that they used
government planes, gave free accommodations to
voters to expensive hotels and there has been
intervention of public officials to influence the
voting. Is there a violation of the IBP by-laws? Is
there sufficient ground for the SC to suspend the oath
taking of the officials?
2. The Integrated Bar of the Philippines adopted a
resolution recommending to the Court the removal of
the name Marcial A. Edillon, a duly licensed
practicing attorney, from its Roll of Attorneys for
stubborn refusal to pay his membership dues to the
IBP since its constitution, notwithstanding due
notice. Is Edillon correct in his objection that the
Court is without power to compel him to become a
member of the IBP, hence, Sec. 1 of Rule 139-A of
the Rules of Court is unconstitutional for it infringes
on his constitutional right of freedom to associate
(and not to associate)?
3. Q: Atty. Llamas, for a number of years, has not
indicated the proper PTR and IBP O.R. Nos. and data
in his pleadings. He only indicated “IBP Rizal
259060” but he has been using this for at least 3
years. Atty. Llamas averred that he is only engaged in
a “limited” practice of law and under R.A. 7432, as a
senior citizen, he is exempt from payment of income
taxes, including the payment of membership dues. Is
Atty. Llamas correct?
4. Atty. Arevalo sought exemption from payment of
IBP dues for the alleged unpaid accountability for the
years 1977-2005. He alleged that after being admitted
to the Philippine Bar in 1961, he became part of the
Philippine Civil Service then migrated to, and
worked in the USA from December 1986 until his
retirement in 2003. He maintained that he cannot be
assessed IBP dues for the years that he was working
in the Philippine Civil Service since the Civil Service
law prohibits the practice of one’s profession while in
government service, and neither can he be assessed
for the years when he was working in the USA. Is
Atty. Arevalo entitled to exemption from payment of
his dues during the time that he was inactive in the
practice of law?
 5. Atty. Perenia got married in 2005. Then he met
another woman, Helen. They fell in love and started
living together. Atty. Perenia would even bring Helen
along to social functions and introduce her as his
second wife. Rule on the conduct of Atty. Perenia.
6. Atty. Capito was supposed to represent Milagros in a
claim for support against her husband but no legal
action was taken. He then borrowed 4,000 from
Milagros. He was also permitted to stay in the house
of Milagros for 2 weeks but he prolonged his stay to
a month and even reneged on his promise to pay.
Atty. Capito continued to borrow money from her
and the debt grew to P16,000. When Milagros finally
met him to collect the debt, Atty. Capito, in the
presence of several others, told her “Eh kung sabihin
ko na sugar mommy kita”. Rule on the conduct of
Atty. Capito.
7. Q: Ricafort filed a complaint for disbarment against
Atty. Medina. Ricafort alleged that his tricycle
sideswiped Atty. Medina’s car along Sarvida Street
in Surigao City. Atty. Medina then alighted from his
car and confronted Ricafort. The latter allegedly
snapped at him, saying: “Do you not know me?" and
proceeded to slap him, and then left. Should Atty.
Medina be held administratively liable?
CANON 8
1. Q: Atty. Ferrer filed a reply with opposition to
motion to dismiss that contained abusive, offensive,
and improper language which insinuated that Atty.
Barandon presented a falsified document in court. He
also filed a fabricated charge against Atty. Barandon
in another case for alleged falsification of public
document. Furthermore, at the courtroom of MTC
Daet before the start of hearing, Atty. Ferrer,
evidently drunk, threatened Atty. Barandon. Is he
guilty of violation of the Code of Professional
Responsibility?
2. Atty. Y, in his motion for reconsideration of the
Decision rendered by the NLRC, alleged that there
was connivance of the NLRC Commissioners with
Atty. X for monetary considerations in arriving at the
questioned decision. He insulted the Commissioner
for their ineptness in appreciating the fact as borne by
the evidence presented. Atty. X files an
administrative complaint against Atty. Y for using
abusive language. Atty. Y posits that as a lawyer for
the down-trodden laborers, he is entitled to express
his righteous anger against the Commissioners for
having cheated them; that his allegations in the
motion for reconsideration are absolutely privileged;
and that proscription against the use of abusive
language does not cover pleadings filed with the
NLRC, as it is not a court, nor are any of its
Commissioners Justices or Judges. Is Atty. Y
administratively liable under the Code of
Professional Responsibility? Explain. (2010 Bar)
3. Q: A complaint was filed against Atty. Zaide for use
of intemperate, offensive and abusive language. Atty.
Zaide referred to the complainant as a “notorious
extortionist” and to his opposing counsel as someone
suffering from "serious mental incompetence" in one
of his pleadings. Did the act of Atty. Zaide violate the
Code of Professional Responsibility?
4. In pleadings and motions filed by Tiongco, he
described Atty. Deguma as a love crazed Apache, a
horned spinster, man-hungry virago and female bull
of an Amazon who would stop at nothing to injure
defendant if only to please and attract her client.
Tiongco claims that Atty. Deguma, as a lawyer in the
PAO, is using the PAO as a marriage bureau for her
benefit.
Is the language employed by Tiongco improper and
unethical?
5. In 2009, Atty. Guevarra wrote a series of posts on his
Facebook account, referring to Belo as a quack
doctor, that she bribes lawyers in the Department of
Justice, and that plastic surgery procedures were done
by doctors without license and training, alleging such
practice nearly killed his client Norcio. Guevarra also
threatened Belo that she will be convicted for
criminal negligence and estafa for Norcio’s
operation. Belo asserted that the said posts, written in
vulgar and obscene language, were designed to
inspire public hatred, destroy her reputation, and to
close BMGI and all its clinics, as well as to extort the
amount of P200 Million from her as evident from his
demand letter. Atty. Guevarra, however, claimed that
the complaint was filed in violation of his
constitutionally-guaranteed right to privacy and that
he wrote the posts in the exercise of his freedom of
speech. Should Atty. Guevarra be sanctioned for his
acts?
6. Myrna, in a case for custody of children against her
husband, sought advice from Atty. Mendoza whom
she met at a party. She informed Atty. Mendoza that
her lawyer, Atty. Khan, has been charging her
exorbitant appearance fees when all he does is move
for postponements which have unduly delayed the
proceedings; and that recently, she learned that Atty.
Khan approached her husband asking for a huge
amount in exchange for the withdrawal of her Motion
for Issuance of Hold Departure Order so that he and
his children can leave for abroad. Is it ethical for
Atty. Mendoza to advise Myrna to terminate the
services of Atty. Khan and hire him instead for a
reasonable attorney’s fees? (2006 Bar)
CANON 9
1. Will a lawyer violate the Code of Professional
Responsibility if he forms a partnership with
professionals of other disciplines like doctors,
engineers, architects or accountants?
2. The Supreme Court suspended indefinitely Atty.
Fernandez from the practice of law for gross
immorality. He asked the MCTC Judge of his town if
he can be appointed counsel de officio for Tony, a
childhood friend who is accused of theft. The judge
refused because Atty. Fernandez's name appears in
 the SC's list of suspended lawyers. Atty. Fernandez
then inquired if he can appear as a friend for Tony to
defend him. xxx Supposing Tony is a defendant in a
civil case for collection of sum of money before the
same court, can Atty. Fernandez appear for him to
conduct his litigation? (2006 Bar)
3. Atty. Monica Santos-Cruz registered the firm name
"Santos-Cruz Law Office" with the DTI as a single
proprietorship. In her stationery, she printed the
names of her husband and a friend who are both
nonlawyers as her senior partners in light of their
investments in the firm. She allowed her husband to
give out calling cards bearing his name as senior
partner of the firm and to appear in courts to move
for postponements, Did Atty. Santos-Cruz violate the
CPR? (2010 Bar)
4. Engr. Rufino referred a case for partition of the estate
of the late Benjamin Yap to Atty. Pefianco. It was
agreed in writing that Rufino would receive ten
percent of the attorney’s fees to be received by Atty.
Pefianco. However, when the fees were already paid,
Pefianco refused to pay, stating in a letter that the
spouses will be the one to shoulder his commission.
Rufino filed a disbarment case against Pefianco.
Should Atty. Pefianco be disciplined?
5. You had just taken your oath as lawyer. The secretary
to the president of a big university offered to get you
as the official notary public of the school. She
explained that a lot of students lose their
identification cards and are required to secure an
affidavit of loss before they can be issued a new one.
She claimed that this would be very lucrative for you,
as more than 30 students lose their identification
cards every month. However, the secretary wants you
to give her one-half of your earning therefrom. Will
you agree to the arrangement? Explain. (2005 Bar)