ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

b
o
To enhance his knowledge of the law, and to earn some money during one
R1.summer
Leonardo, a fourthr
year law student and a member of his schools
an legal clinic,vacation,
asked the MTC judge a
in his municipality to appoint him as counsel de
Bare the judge, will you accept his offer? Can he be
h
oficio for indigent litigants. If you
allowed to appear in the s
court under the Student Practice Rule? Explain your
C
e
answers.
l
b
Answer: I will not
accept his offer. Only a lawyer can be appointed as counsel de oficio.
ojudge
Although an MTC
can appoint a person of repute for competence and integrity to
R
represent n
an indigent litigant, this is only available in remote
r municipalities where there
a
are no lawyers
available. There no showing that therea
is no lawyer available in Leonardos
municipality.
The Student Practice Rule is also not B
applicable. Under the said rule, a student
h
can only appear to represent indigent clients ofs
the schools legal clinic, and must always be
C
e
under the supervision of a licensed lawyer.
Such
facts are not present in this case. Finally,
l
even if he is allowed to represent indigent
clients,
he should not charge a fee, because he is
b
not yet a lawyer.
o
R
2. Antonio graduated from
the law course in 1979 and immediately
the Bar
rattook
nyear.
examinations in the same
He passed and took his oath of office
the PICC in
a
a
BIt was that
1980. He was made
to sign a book therein and was made to believe
it was the
h
Roll of Attorneys.
He
thereafter
engaged
in
the
practice
of
law.
only
ten years
s
C
e
later that he realized that he had not signed the Attorneys
Roll. Too embarrassed, it
l
took him another five years to file a petition in theb
Supreme Court to be allowed to
sign the Attorneys Roll.
o
R
a) Should his petition be denied? Why orn
why not?
r
a
a
b) Can he be suspended for practicing
law without authority for 15 years?
B
h
s
C
e
c) How, then can he be penalized?
l
b
Answers:
o
R
a) His petition should not be denied, because that is too harsh. He acted in good faith is
r
voluntarily revealing his fault, although he did not act at once
after realizing his fault.
a
an
B
h
b) He cannot be suspended, because he is not C
yet a lawyer until he signs the Roll of
s
Attorneys.
e
l
b
c) As held in the case of In Re Petition to Sign on the Attorneys Roll, Attorney Michael
Medado, petitioner, B. .M. No. 2540, September 24, 20143, he can be made to sign the Roll
Ro
an
h
C
www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

of Attorneys one year after receipt of the approval of his petition, which period is
equivalent to a period of suspension, and to pay a fine.

Ch

b
o
R
an

3. Bartolome mortgaged his piece of land to a money lender at an unconscionable

rate of interest. When he failed to pay. The money lender foreclosed the mortgage
and obtained title to his land. Bartolome retained the services of Atty. Moreno to
recover his land. Atty. Moreno filed suit for recovery, and before pre-trial, asked
Bartolome to sign a Special Power of Attorney authorizing him to enter into any
amicable settlement of the case. Subsequently, Atty. Moreno notified Bartolome that
the money lender agreed to return the land to him if he can reimburse the principal
of the loanplus 12% p.a. interest only. Bartolome raised the amount and gave it to
Atty. Moreno. Subsequently, Atty. Moreno gave Bartolome the decision of the court
approving the compromise agreement entered into by the lawyer and the money
lender, and, much to Bartolomes surprise, a title to the land showing that he and
Atty. Moreno are now co-owners thereof on a 50-50 basis. The lawyer explained that
Bartolome signed a contingent fee agreement giving him such share if is successful in
recovering the property. It turns out that such agreement was among the copies of
the SPA which Bartolome signed without reading, on the assurance of Atty. Moreno
that everything was alright. Did Atty. Moreno act ethically or not?

b
o
R

s
e
l

r
a
B

an

Ch

Ro
an

s
e
bl

r
a
B

Answer: Atty. Moreno acted unethically. In fact, he acted deceitfully in depriving his client
of his property. He made his client unknowingly sign a contingent fee agreement which he
was made to believe was part of a Special Power of Attorney. Besides, the fee of 50% if the
property contained therein is unconscionable, considering the services rendered. Atty.
Moreno violated Rules 1.01. 7.03 and Canon 20 of the Code of Professional Responsibility.

Ch

r
a
B

s
e
l himself exclusive to the
4. After passing the Bar examinations, Carlos devoted
b
management of his family business. Ten years after, he issued a couple of checks
which were dishonored for the reason of DAIF o
against insufficient funds). A
R(drawn
complaint for disbarment was filed in the Supreme
Court on the basis thereof. Carlos
r
n he issued the checks as a businessman,
argued that he cannot be penalized because
a
a
not as a lawyer. Decide.
B
h
s
C Rule 1.01 provides that a lawyer shall enot engage in
Answer: The defense will not hold.
unlawful, dishonest, immoral or deceitful conduct. Such rule is applicablelnot only to his
b
professional conduct but also to his private life as well. A lawyer is called
upon to be an
o
example in respect for and obedience to the law. He, above all, should know that the
R
issuance of bouncing checks is an unlawful act.
r
n
a
a
5. Determine whether the following advertisements by a lawyer are ethical or
B
h
unethical. Explain your answer briefly.
s
C
e
(a) A calling card, 2 x 2 in size, bearing the name, office address, email address, l
b
telephone, fax and cellphone numbers, and picture of the lawyer.
Ro
an
h
C
www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

(b) A calling card issued by Atty. Magaling, indicating the aforementioned data, and
the statement Iba na ang Magaling in bold print. .

b
o
R
an ANNULMENT OF MARRIAGE Bar
Competent Lawyer
s
Ch
e
l
Reasonable Fee
b
Call 555-3334, Mondays to Fridays
Ro
r Congressman Yap will give
nadvertisement in the tabloid BALITAathat
(d) A small
a
free legal advice to sari-sari store owners everyB
Friday at his law office.
h
s
C
(e) A shingle reading as follows:
e
l
b
CANTOR & CANTOR LAW OFFICE
o
R
Atty. Anselmo Cantor, Sr. (+)
r
n
a
a
Atty. Anselmo Cantor, Jr.
B
h
s
displayed C
in front of his office by Atty. Anselmo Cantor,
e Jr. , a solo practitioner
l
since passing the Bar.
b
o
Answers: a) Ethical. The card contains only necessary information.
R
r
n
b) Unethical. The statement Iba na ang Magaling is self-laudatory.
a
a
B
h
c) Unethical. It gives the impression
that a marriage can easily be annulled.
s
C
e
l
d) Ethical. A Congressman is allowed to practice law,
b
o a member of a law
e) Unethical. It gives the impression that a solo practitioner was
R
firm.
r
n
a
a
6. A town mayor was indicted for homicide through reckless imprudence arising
B
h
from a vehicular accident. May his father-in-law who
is a lawyer and a Sangguniang
s
Panlalawigan member represent him in court?C
Explain.
e
l
Answer: Yes, as long as his father-in-law has obtained the consent of the DILG to engageb
in
o
the practice of law A barangay official is not prohibited from practicing law, but
as a
R
n
a
h
C
(c) An advertisement in the Classified Ads Section of a broadsheet newspaper
stating:

www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

member of the Civil Service, he should first secure the consent of his department head
(Catu vs. Rellosa, A.C. No. 5738, February 19, 2008)

Ch

b
o
R
an

7. Pedro purchased a valuable piece of property and occupied the same. He showed
the deed of sale to his lawyer Pablo, and the latter noticed that the deed was not
notarized and, therefore, will not be accepted by the Register of Deeds for
registration But he did not inform Pedro about such defect. Instead, he sent his
son Alan to buy the same piece of property from the seller, but to make sure that the
deed of sale is notarized and registered with the Register of Deeds. Alan followed his
instructions and after obtaining title in his name, filed an accion publiciana against
the Pedro, claiming a better right over the land. Did the Pablo act ethically or not?

s
e
l

r
a
B

b
o
Answer: Pablo acted unethically. He took advantage of the trust and confidence of Pedro,
R
his client. He did not inform the client of the defect in the document that his client showed
rfor his son to the prejudice of his
n
to him. a
Instead, he used it in order to acquire a benefit
a
client. He violated Rule 1,01 as well as RuleB21,02 of the Code of Professional
h
Responsibility.
s
C
e
l of a deceased person. But your wife is a
8. You are the counsel for the estate
b
practicing Certified Public Accountant. She was asked by her client to prepare and
othe estate you are representing. She asks for your
submit an itemized claim against
R
advice on the legal propriety of her clients claim. What advice would you give her?
r
Explain.
a
an
B
h
Answer: I would advise her that I cannot give an opinion on the
propriety of her clients
s
C
claim, because it might be considered as confidential information.
In fact, her acceptance of
e
l
representation of claims against the estate of which I am the counsel might be considered
b vs, Valdes, 285 SCRA 758).
as representation of conflicting interests on my part (Nakpil
o
R to the same college fraternity. Since
9. Atty. J learned that he and Judge K belong
n
then, he addressed Judge K In public and social occasions as Brod or Boss, andr
a
a
after several months, he invited the judge to be a principal sponsor at the wedding of
B
his son who is a law student. Did Atty.
ChJ act ethically or not? Explain es
l which tends
Answer: He did not act ethically. A lawyer shall refrain from any impropriety
to influence or gives the appearance of influencing the court (Canon 13,b
CPR). He shall not
o for cultivating
extend extraordinary attention or hospitality to, nor seek opportunity
R
familiarity with judges (Rule 13.01).
r
n
a
a
10. In the course of a drinking spree with Atty. Ferrer who was his counsel in the
B
annulment of his marriage, Romeo bragged abouth
his recent sexual adventures with
s
C tastes. When Atty. Ferrer asked e
models and actresses known for their expensive
Romeo how he manages to finance his escapades, the latter answered that as chief of l
b
staff of a congressman, he has been receiving commissions for endorsing the
congressmans PDAF funds to fictitious NGOs. Is Romeos revelation to Atty. Ferrer
Ro
covered by the attorney-client privilege? Explain.
an
h
C
www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

Answer: It is not covered by the attorney-client relationship. It was not given in the course
of a client seeking professional advice from a lawyer but in a drinking spree. Romeo did not
ask such revelation to be kept confidential. Moreover, it is a revelation of a crime in the
process of being committed.

b
o
R11. Atty. Perez was admitted as a member of the New York Bar. While in Manhattan,
r
was convicted of swindling anda
was disbarred. Does his disbarment in New York
an heconstitute
a ground for his automatic
B disbarment in the Philippines? Explain.
h
s ground for automatic disbarment in the Philippines. If
C
e
Answer: No, it does not constitute
l In New York is the same as a ground for disbarment in the
the ground for disbarment
b
Philippines, he may also be disbarred here. But he is still entitled to due process, and his
disbarment in New York is only prima facie evidence of his guilt.
Ro
nChief City Prosecutor in Marikina aCityr invariably recommends to
12. The
a
respondents in cases before his office who have
no lawyer. to retain the services of
B
h
Atty. Blanco whom he knows to be ascompetent lawyer. Unknown to the
C
respondents, he has a fee-sharing arrangement
with Atty. Blanco with regard to
eacting ethically
l
clients he has referred to the latter. Is he
or not? Explain.
b
oHis recommendation to respondents to retain the
Answer: He is not acting ethically.
R
services of Atty. Blanco, with whom he has a secret fee-sharing agreement shows that he is
using his public position to n
ar6.02 of the CPR.
a advance his private interest, in violationBof Rule
h
13. Atty. Jacobo had been a partner of the ACCRA law firm
s for 15 years. After he
C
separated from the said law firm, he represented the e
Coronadal Corporation in a
l a client of ACCRA for the
civil case against the Klondike Corporation who has been
b
past 20 years. ACCRA moved for Atty. Jacobos disqualification from the case on the
o that he never intervened in any
ground of conflict of interest, but Atty. Jacobo argued
R
case of Coronadal Corporation when he was still with the ACCRA law firm and,
n he could use against it. Should heaber
therefore, never acquired information that
a
disqualified or not? Explain.
B
h
s
CWhen a client retains the services of a lawe firm. He is
Answer: He should be disqualified.
deemed to have retained all the lawyers in that firm. Thus, Atty. Jacobo isl
considered as a
b
former lawyer of Coronadal Corporation, even though he never intervened
in any case of
o
said corporation while he was still with the ACCRA law firm. He
is disqualified from
Rof interest.
handling any case against a former client, on the ground of conflict
r
n
a
a
14. Myrna, complainant in a case for estafa against Ruby, advice from Atty. Mario
B
h
whom she met at a party. She informed Atty. Mario
that her lawyer, Atty. Paderanga,
s
has been charging her exorbitant appearanceC
fees when all he does is to move for e
postponements which have unduly delayed proceedings; and recently, she learned l
b
that Atty. Paderanga approached Ruby, asking for a huge amount in exchange for the
withdrawal of her Motion for Issuance of a Hold Departure Order against Ruby,
Ro so
that the latter can leave for abroad.
an
h
C
www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

r
a
B

Is it ethical for Atty. Mario to advise Myrna to terminate the services Atty. Paderanga
and hire him instead for lower attorneys fees?

b
o
R
an

Answer: It is unethical. It is tantamount to an encroachment into the employment of

another lawyer, in violation of Section 8.02 of the CPR. He shall also not charge fees lower
than those customarily prescribed unless the circumstances so warrant (Rule 2.03).

Ch

r
a
15. Notary Public Atty. Robredo
was charged with unlawful conduct for (a)
Bexecuted
notarizing a deed of donation
by his uncle in favor of two of his first
s the said parties
e
cousins, and (2) not requiring
to present competent evidence of
identity. May he be heldlliable?
b
o
Answer: (a) He may be held liable for notarizing a document executed by his uncle and
R
first cousins, because Section 2 (c) of the 2004 Rules on Notarial Practice disqualifies him
r within the fourth degree of
n any document executed by his relatives
from notarizing
a
a
consanguinity or affinity.
B
h
snot requiring the said parties to present
C
(b) However, he may not be held liable for
e
lknow them personally ( Bernard N. Jandoquile
competent evidence of identity, because he
b
Vs. Atty. Quirino P. Revilla, Jr, A.C. No. 9514. April 10, 2013).
o
R
16. The City of Makati gives all the judges assigned within the city a monthly
rThose who are
allowance of P30,000.00, n
the highest among the cities in the country.
a
a
of the age of 60 years or above are aIso given Senior Citizen cards,
enable them to
Bwillto you
h
watch movies free of charge. If you are one of those judges,
accept the
s
C
allowance or not? .
e
l
b 1 (xi) of the Local Government
Answer: I will accept the allowances. Section 458, par.
o
Code (R. A.7160) provides that the Sangguniang Panlungsod shall, when the finances of the
R and other benefits judges, public
city government allow, provide for additional allowances
n
prosecutors, public elementary and high school teachers, and other national governmentr
a
a
officials stationed or assigned to the city. Since it is provided by law, it is not improper to
B
accept such allowances and benefits. h
s
C
e
l applies
17. Everytime a bank is involved in a case filed in his court, Judge Mendoza
b
for a loan with the said bank. Is his conduct proper or not?
o
R
Answer: His conduct is not proper. Sec. 12, Canon 4 of the New Code of Conduct for the
r
Philippine Judiciary provides that judges and members of n
their families shall neither as
a
a
for, and accept, any gift, bequest, loan or favor in relation to anything doneor to be done or
B
omitted to be done by him or her in connection withh
the performance of judicial duties.
s
Cthe judge will rule in favor of the party e
What the rule seeks to avoid is the impression that
with whom he is indebted.
l
b
Ro
an
h
C
www.chanroblesbar.com : www.chanroblesbar.com.ph

ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

s
e
l

18. When Atty. Luis agreed to have the land of Mario registered under the Torrens
system, the said lot had a market value of only P5.00 per square meter, So, Luis
proposed only an acceptance fee of P10,000.00 and an appearance fee of P1,000.00
per appearance for his services, and Mario agreed. However, by the time the court
issued a decree of registration, the surrounding lands were already developed,
thereby increasing the value of Marios land of to P100.00 per square meter, or
P100,000,000.00 for Marios land of 100 hectares. Seeing this, Luis asked for an
additional compensation of P1,000,000.00 as attorneys fees. Mario disagreed. Luis
took hold of the new title and announced that he will keep it as a retaining lien.

b
o
R
an

Ch

r
a
B

s
e
l

r
a
B

b
o
b) Can Luis claim attorneys fees on a quantum meruit basis?
R
r
n
Answer:aa) Luis did not act correctly. A retaining liena
is available only to ensure payment
of a fee agreed upon. There was not agreement between
Luis and Mario for an attorneys
B
h
fees in the amount of P1 million. A retainings
is available only to ensure payment of an
C
unpaid fee. There is no unpaid fee in this instance.
e
l
b
b) Attorneys fees on a quantum meruit basis is applicable only in the absence of an
agreement for attorneys fees. In o
this case, there was an agreement for attorneys fees,
R
consisting of an acceptance fee and an appearance fee. (Valentina C. Miranda vs. Atty.
r
Macario D. Carpio, A.C. MNo.n
a
a 6281, September 21, 2011)
BPublic Guillermo for
h
19. The SPA executed by Norberto was brought to Notary
s
C
notarization. Norberto was not present, but two of Guillermos
secretaries assured
e
l
him that the signature appearing in the SPA was his, because they know him as their
b Guillermo notarized the
long time Punong Barangay. Relying on their assurances,
o
SPA. Did he act correctly or not?
R
n
Answer: He did not act correctly. The 2004 Rules of Notarial Practice provides that r
a
a
a
Notary Public should not notarize a document when the person who executed the same is
B
h
not personally before him, and he is personally
known to the Notary Public or identified by
s
competent evidence of identity. C
e
l
b
20. An audit of the records of an RTC judge in Cavite shows an inordinate
number of
o
declaration of nullity of marriage decided by him, one-third
of which involved
Rin five cases by virtue
parties over whom the court has not acquired jurisdiction, and
r
n
of an amended decision made on motion for reconsideration one month after the
a
a
original unfavorable decision was rendered. What qualities does this record show
B
h
the judge to be lacking in?
s
C
e
Answer: This record shows him to be lacking in competence as well as in integrity. Lack of l
b
competence, because he should not have decided cases over which he has not acquired
jurisdiction. Lack of integrity, because if a judge is lacking in competence ino
such
fundamental matters as jurisdiction, indicates some other more serious defect. R
an
h
C
a) Did Luis act correctly or not?

www.chanroblesbar.com : www.chanroblesbar.com.ph