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UNIVERSITY OF THE CORDILLERAS BAR OPERATIONS 2011 Political Law Prepared by: ATTY. LARRY D. GACAYAN MULTIPLE CHOICE Instruction: Place the LETTER corresponding to the most correct answer on the blank before each number. _______1. The need for a lawyer is recognized because: A. In criminal cases, an accused has the right to have competent and independent counsel. B. In civil cases, only lawyers may appear in behalf of the parties in the pre-trial conference. C. The participation of a lawyer during Barangay mediation is necessary. D. In labor cases, only lawyers may appear in behalf of the parties. _______2. Only one of the following is considered practice of law: A. Teaching in Law Schools. B. Authorship of Law books. C. Drawing up contracts and other instruments involving legal relations; D. Legal advice to clients so as to encourage litigation. _____3. Law is considered a profession because: A. Congress controls and regulates it. B. Money making is the primary consideration C. Law advocacy is a capital that must necessary yield profit. D. The practice of law is geared towards public service; _______4. The power to regulate the legal profession is vested in: A. Congress B. Executive C. Supreme Court D. The Integrated Bar of the Philippines BAR OPERATIONS 2011 Page 1

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Page 1: Ethics Mcq

UNIVERSITY OF THE CORDILLERAS BAR OPERATIONS 2011Political Law

Prepared by:ATTY. LARRY D. GACAYAN

MULTIPLE CHOICE

Instruction: Place the LETTER corresponding to the most correct answer on the blank before each number.

_______1. The need for a lawyer is recognized because:

A. In criminal cases, an accused has the right to have competent and independent counsel.B. In civil cases, only lawyers may appear in behalf of the parties in the pre-trial conference.C. The participation of a lawyer during Barangay mediation is necessary.D. In labor cases, only lawyers may appear in behalf of the parties.

_______2. Only one of the following is considered practice of law:

A. Teaching in Law Schools.B. Authorship of Law books.C. Drawing up contracts and other instruments involving legal relations;D. Legal advice to clients so as to encourage litigation.

_____3. Law is considered a profession because:

A. Congress controls and regulates it.B. Money making is the primary considerationC. Law advocacy is a capital that must necessary yield profit.D. The practice of law is geared towards public service;

_______4. The power to regulate the legal profession is vested in:

A. Congress B. Executive C. Supreme Court D. The Integrated Bar of the Philippines

_______ 5. Good moral character is the cornerstone of Legal Ethics because:

A. Good moral character is a requirement for admission and is a continuing condition for remaining a member of the legal profession;

B. Good moral character is the same as good reputation.C. Good moral character refers solely to acts done in the lawyer’s professional

capacity.D. Good moral character refers to the public’s perception towards the lawyer.

______6. Immoral conduct involves:

A. A relationship between two adults who are not disqualified to marry each other.

B. A lawyer who convinced an eighteen year-old woman to marry him.C. A married lawyer acquitted for concubinage but maintains an illicit

relationship with another woman.D. A married lawyer who was abandoned by his wife.

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________7. A lawyer is his brother’s keeper because:

A. A lawyer’s misconduct whether in public or private is a discredit to the legal

profession.B. Any denigration in the legal profession solely affects the lawyer personally.C. Every lawyer must make it his business to defend all other lawyers under

any circumstance.D. The lawyer’s conduct in his personal life is a right guaranteed by the

constitution.

________8. A lawyer is allowed to make his services available through:

A. An advertisement stating: “Annulment of Marriage Specialist”.B. A calling card stating his name, address, telephone number, e-mail address

and the specialty in law he is practicing.C. The use of true, honest, dignified and objective information.D. Hosting a TV legal forum with the buy line, “For any legal problem, call my

Law Firm”._____9. The primary duty of a lawyer engaged in public prosecution is:

A. Concealment of a witness if capable of establishing the innocence of the accused.

B. Prosecute the accused, even if the evidence is insufficient.C. Convict the accused;D. See that justice is served;

_______10. Honesty is the best policy in the lawyer’s relationship with the court because:

A. A lawyer is obligated to inform the court if the accused admitted in confidence his guilt to him.

B. A lawyer is an officer of the court and he owes candor, fairness and good faith to the court.

C. In the defense of his client’s right, his client’s cause is superior to his duties to the court.

D. The lawyer must inform the court of the law and latest jurisprudence so that the court will arrive at a conclusion in his favor.

_______11. Forum shopping is:

A. Filing various motions and pleadings in order to delay a final and executory judgment.

B. Encouraging filing of cases by clients for physical injuries.C. Stirring up litigation.D. Resorted to by a lawyer who is unsure of the outcome of his case.

______12. Representing conflicting interest is:

A. Absolutely prohibited.B. Covered only in cases in which confidential communication has been made.C. Representation of inconsistent interest of two or more opposing parties.D. Is the violation of duty to the courts.

______ 13. An Attorney who can practice law:

A. Judges of the Superior Courts.B. Lawyers under indefinite suspension.

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C. Lawyer who are in good standing.D. Heads of the Departments and their Assistants’.

_______ 14. The effect of disbarment is:

A. The lawyer’s name is stricken in the Roll’s of Attorney.B. The lawyer can notarize documents.C. The lawyer can practice his profession in a limited capacity.D. The lawyer can make pleadings but another lawyer can sign for him.

_______15. This is the compensation that a client pays for the lawyers services to be available for any future case:

A. Appearance fee;B. General Retainer’s fee.C. Special Retainer’s fee.D. Attorney’s fees by way of damages.

_______16. A lawyer who intimidates and harass witness during the cross-examination making the witness faint may be punished with:

A. Indirect contempt.B. Imprisonment.C. Civil ContemptD. Direct contempt.

______17. A lawyer may testify for his client:

A. On formal matters, such as mailing and authentication of documents;B. At any time, even if testimony is not material to the case.C. On any matter involving privilege communication.D. As a corroborating witness.

_______18. Disobedience to the court by acting in opposition to its authority, justice and dignity:

A. Civil Contempt.B. Civil Disobedience.C. Insubordination.D. Rebellion.

_______19. A lawyer who labels a judge as corrupt in his pleadings is guilty of:

A. Direct ContemptB. Criminal ContemptC. Civil contemptD. Indirect contempt.

_______20. Failure to obey a subpoena duly served;

A. Direct ContemptB. Criminal ContemptC. Civil contemptD. Indirect contempt

______21. A witness who refuses to be sworn and take her oath;

A. Direct ContemptB. Criminal Contempt

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C. Civil contemptD. Indirect contempt

______22. Two lawyers boxing each other during an argument in court;

A. Direct ContemptB. Criminal ContemptC. Civil contemptD. Indirect contempt

_______23. Assuming to be an attorney and acting as such without authority;

A. Direct ContemptB. Criminal ContemptC. Civil contemptD. Indirect contempt

______24. A pleading containing offensive or malicious statements submitted to the court in which the proceeding is pending.

A. Direct ContemptB. Criminal ContemptC. Civil contemptD. Indirect contempt

_____25. Type of contempt where punishment imposed is primarily to protect the dignity and power of the Court;

A. Civil Contempt.B. Criminal ContemptC. Direct ContemptD. Indirect Contempt

_______26. Type of contempt where the contemnor holds the “key” to his liberty in his hands;

A. Criminal ContemptB. Civil ContemptC. Direct ContemptD. Indirect Contempt

_____27.Punishment is remedial and for the purpose of preserving the rights of third persons;

A. Criminal ContemptB. Direct ContemptC. Civil Contempt.D. Indirect Contempt

______28. It is neither a felony nor a misdemeanor but one imposed under the power of the court;

A. Criminal ContemptB. Direct ContemptC. Civil Contempt.D. Indirect Contempt

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_____29. The following are sanctions for unauthorized practice of law, EXCEPT:

A. Injunction to enjoin the continuation of the unauthorized practiceB. Criminal ProsecutionC. Contempt of CourtD. Right to fees

______30. The purpose of its exercise is for punishment;

A. Civil ContemptB. Direct ContemptC. Criminal Contempt.D. Indirect Contempt

______31. During the trial, the accused has the right to presumption of innocence.

A. Civil ContemptB. Direct ContemptC. Criminal Contempt.D. Indirect Contempt

______32. A case prosecuted in behalf of the People of the Philippines as Plaintiff.

A. Civil ContemptB. Direct ContemptC. Criminal Contempt.D. Indirect Contempt

_______ 33. A possessory lien is available to an unpaid lawyer with regard to:

A. Money that came to his possession for payment of realty taxes due the government.

B. Notice accompanied by an accounting and informing his client of his attorney’s fees when due and upon demand;

C. Finality of judgment and real property was awarded;D. Attorney’s fees is awarded by the court by way of damages.

______34. The first and foremost duty of a lawyer:

A. Duty of fidelity to his clients.B . Duty to the orderly administration of justice and legal processesC. Duty of candor to his brothers in the professionD. Duty to the public service

_______35. A lawyer may be held administratively liable if he engages in:

A. An unlawful, dishonest or immoral conduct; B. Giving legal advice to an accused to plea “Not Guilty”, who admitted his

participation in the crime C. Entering his appearance without a written authority from his client..D. Having an affair with an unmarried lady without the intention to marry.

______36. Barratry is:

A.Volunteering advice to avoid litigation. B. Hunting up defects in the titles of real property. C. Employing agents and runners to refer cases to him. D.Solicitation of employment as counsel.

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_____ 37. Lawyers are mandated to encourage his client to avoid, end or settle controversy:

A. If it will admit to a fair settlementB. If Parties enjoy benefits less than going through trial C. To avoid animosity with the judge D. To prolong the procedure

____ 38. A compromise agreement may be made in:

A. Violence against women and childrenB. Declaration of Nullity of MarriageC. Petition for AdoptionD. Petition for Support

______ 39. A new lawyer who has just passed the bar was assigned as counsel de oficio, the accused objected on the ground that as a new lawyer, he is not competent, the court must:

A. Sustain the objection and appoint an older, and more experienced counsel.B. Overrule the objection on the ground that by passing the bar, every lawyer is

presumed to be competent. C. Sustain the objection on the ground that “paupers cannot be choosers”D. Sustain the objection on the ground that there was violation of accused right

to counsel.

______ 40. The practice of law is:

A. A right given to lawyers who meet all the qualifications.B. A privilege given to lawyers who meet the standards of legal proficiency and

morality.C. Both a right and a privilege.D. A right enshrined in the Constitution for the freedom to pursue ones

profession.

_______41. Appearance of non-lawyers is allowed in:

A. Difficult criminal casesB. Labor cases, if they represent themselves or their company.C. A case where an amicus curiae is requiredD. Administrative Cases

_______42. A lawyer may be disbarred or suspended from his office for violation of:

A. Notarial Law B. Oath of OfficeC. Code of Professional ResponsibilityD. All of the above

_______43. The most frequently violated Law by lawyers:

A. Labor lawsB. Social Security LawC. Notarial lawD. Bouncing Checks Law

_______ 44. A lawyer convicted of Homicide is granted conditional pardon. Subsequently, a disbarment case was filed by reason of a conviction of Homicide which necessary

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involves moral turpitude. As a Justice, how will you decide on a disbarment case?

A. Case Dismissed. A conditional pardon operates to wipe out his conviction and a bar to the disbarment case.

B. Disbarred. The pardon given to the lawyer is only conditional and merely abated the unserved portion of his term.

C. Case dismissed. The lawyer is in double jeopardy with respect to the administrative case.

D. Disbarred. Homicide is a crime involving moral turpitude, taking into consideration the circumstances of the case.

____45. When does the lawyer-client relationship commence?

A. Only upon filing of Notice of AppearanceB. Upon giving of legal advice even if the lawyer was subsequently not retainedC. Only upon payment of attorney’s feesD. Exclusively upon signing of the Retainer’s Contract.

____46. When does the lawyer-client relationship ends?

A. Upon receipt of the decision in the trialB. Upon death of the party litigantC. Upon withdrawal from the case with the conformity of client but without

court approval.D. Upon appearance of another lawyer.

_____47. Extraordinary concept of attorney’s fees is:

A. Reasonable compensation paid to a lawyer by his client for his appearanceB. Payable to the lawyer and not to the client.C. Shall pertain to the lawyer as additional compensation.D. Indemnity with damages to be paid by the losing party in litigation to the

winning party.

____48.Contingent Fee Contracts:

A. Identical to Champertous contractB. Prohibited in our jurisdiction.C. Is allowed because it will redound to the benefit of a poor client with a

meritorious cause.D. Is to be paid to the lawyer whether he wins the case or not

____49. Principle of Quantum Meruit is:

A. A device to legalize undue enrichment..B. Not applicable if there was a formal written contract for attorney’s fees.C. A device in determining reasonable amount of Attorney’s fees.D. Entitles the lawyer to hire money claim for services rendered.

______50. A charging lien:

A. Allows the plaintiff to appropriate the whole of the judgment without paying his Attorney.

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B. An equitable right to have the fees due the lawyer for services rendered secured to him out of judgment in that particular suit

C. It is a rule in equity in favor of the losing party.D. Available in any case, where the lawyer rendered his service for the same

client in any case.

_____51. The following cannot acquire property which is under litigation:

A. Partner in businessB. Justices, judges, and prosecuting Attorney’s involved in litigation.C. Creditors of the partyD. Banks and other mortgagors

_____52. A complaint for disbarment prescribes in:

A. 2 yrs.B. 4 yrs.C. 6 yrs.D. Imprescriptible

____53. Of all classes of profession, the one who is bound to uphold the law is the:

A. Justices of Supreme CourtB. Judges of the RTC & MTCC. LawyerD. All of the above

____54. Lawyers who have been indefinitely suspended or disbarred:

A. Will never be readmitted to the barB. Will be readmitted provided upon proof that he is now worthy to practice

law and now capable of upholding the dignity of the legal profession.C. Will never be readmitted for public good.D. Will never be shown any compassion to serve an example to other lawyers.

______ 55. The mandatory continuing legal education requires that a member of the Bar must comply within 3 years:

A. 20 units of MCLE credited subjects. B. 36 units of MCLE credited subjects. C. 46 units of MCLE credited subjects. D. 56 units of MCLE credited subjects.

______56. . It is the disciplinary sanction imposed upon a lawyer where the extent of the wrong is very small and the degree of culpability is very slight.

A. Reprimand / AdmonitionB. FineC. Suspension D. Disbarment

_____57. Which of the following choices do not belong to the fundamental purpose of the Integrated Bar of the Philippines?

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A. To elevate the standards of the legal professionB. To improve the administration of justiceC. To bring all lawyers closer to one another by providing them with a forum

for social interactionD. To enable the Bar to discharge its public responsibilities more effectively.

_____58. Which of the following duties is not required of lawyers under the Lawyer’s Oath

A. To delay no man for money or maliceB. To maintain allegiance to the Republic of the PhilippinesC. To uplift the administration of justice D. To conduct oneself as a lawyer to the best of his knowledge and discretion

_____59. Which of the following is not a ground for the judge to inhibit himself from trying a case?

A. One of the counsels of the party is a fraternity brother.B. The judge, or his wife, or child, has pecuniary interest as heir, legatee,

creditor or otherwiseC. The judge was an executor, administrator, guardian, trustee or counsel of any

of the parties to the case now pending before himD. One of the counsels to the case is her identical twin sister.

____60. ”A judge should be like “Caesar’s Wife”, what does this mean?

A. The judge should be ethicalB. The judge should decide cases promptlyC. The judge should refrain from making any comments about cases pending in

his court.D. The judge must not only be pure but he must also appear to be pure.

_____61. What is the liability of a lawyer who unjustly retains in his hands the money of his client after client’s demand has been made:

A. Punishment for Contempt as an Officer of the CourtB. CensureC. Reprimand.

_____62. This refers to a Notarial act in which an individual on a single occasion: appears in person before the notary public and presents an instrument or document; is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; and signs the instrument or document in the presence of the notary public.

A. Signature confirmationB. Signature witnessingC. Signature verification D. Signature authentication.

_____63. It is not a mere facile of words, rather it is a solemn vow, a contract of undertaking of the highest order.

A. Code of Professional Responsibility for LawyersB. Rules of Court on Legal and Judicial Ethics

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C. Canons of Legal ConductD. Attorney’s Oath.

____64. Which of the following terminates an administrative case against a judge?

A. Retirement of the judge B. Death of the judge C. Desistance of the complaintD. Compromise agreement between the complainant and the judge.

_____65. Which of the following statements applies to disciplinary proceedings against a lawyer?

A. Disbarment proceeding is criminal in nature. B. Disbarment proceeding is civil in nature. C. The purpose of the proceeding is to revoke the license of the lawyer to

practice his profession. D. The disciplinary proceeding is intended to protect the court and the public

from the misconduct of officers in the court.

_____66. Appearance by a lawyer who is not licensed to practice in a jurisdiction, but only in connection with a particular case and no compensation is charged for the service:

A. Pro SeB. Pro Hac ViceC. Pro BonoD. In Propia Persona

____67. A Notary Public shall only perform a Notarial act if the person involved as signatory to the instrument or document-

A. Is not in the notary’s presence personally at the time of the notarization.B. Is not present but personally known to the notary publicC. Is not identified by the notary public through competent evidence.D. Is not present but identified by a very close friend of the notary public.

_____68.The exception to the phrase “Competent Evidence of Identity” refers to the identification of an individual based on:

A. At least one current identification document issued by an official agency bearing the photograph and signature of the individual.

B. Oath or affirmation of one credible witness not a privy to the instrument, document or transaction who is personally known to the notary public and who personally knows the individual.

C. Two credible witnesses neither of whom is privy to the instrument, document or transaction who each personally knows the individual and shows to the notary public documentary identification.

D. Community Tax Certificate.

____69. What is the basis of the relations of counsel and judge?

A. ConfidentialityB. Trust and cooperation among themselvesC. High regard for each otherD. Mutual trust and appreciation of the roles of one another in the

administration of justice.

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____70. It imports an act of baseness, vileness or depravity in the duties which one person owes to the other or to society in general, contrary to the customary rule of right and duty which a person should follow.

A. Gross MisconductB. Moral TurpitudeC. Immoral ConductD. Gross Negligence.

____71. No applicant shall be admitted to the bar examinations unless he has satisfactorily completed several prescribed courses as provided for under the Rules of Court. Which of the following courses is not a prescribed course.

A. Civil LawB. Commercial LawC. Medical JurisprudenceD. Law on Statutory Construction.

______72. The following statements relative to a Lawyer’s Retainer’s Contract are correct EXCEPT:

A. If the stipulated amount for attorney’s fees is excessive, the contract may be disregarded even if the client expressed his conformity thereto.

B. The amount of attorney’s fees due is that stipulated in the retainer agreement which is conclusive as to the amount of the lawyer’s compensation

C. The absence of a written contract will preclude the finding that there is a professional relationship that justifies the collection of attorney’s fees for professional services rendered.

D. A written contract for services shall control the amount to be paid, unless found by the court to be unconscionable or unreasonable.

____73. The following are mitigating circumstances in disbarment, EXCEPT:

A. Cultural practicesB. Advancing AgeC. Years of good service to the CourtD. Good faith.

____74. Disbarment proceedings fall under this kind of action.

A.Sui genreB. Sui generisC. Pro Hac ViceD. Pro Se

_____75. The giving of a formal opinion regarding the substance or procedure of the law.

A.Obiter DictumB.Legal AdviceC.Amicus CuriaeD.Legem Pone.

____76.Which among the following qualifications is not required to be possessed by applicants for the Bar Examinations?

A. Natural Born CitizenB. Possession of Good Moral CharacterC. Philippine Residency

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D. Degree in Bachelor of Laws

_____77. If the lawyer is honestly convinced of the futility of an appeal in a civil suit, he must:

A. temper his client’s desire to appeal if he could not show any sufficient cause for reversal;

B. withdraw from the case and let the period to file Notice of Appeal lapse ; C. file the notice of appeal without consulting his client within the reglementary

period;D. convince client to pursue appellate review in order to prolong the

proceedings in the hope to discourage the adverse party

Atty. Santiago’s services handled collection cases for DMC Corp. After winning these cases, the monetary awards were all received by him and deposited in his personal account. When DMC called to account for the money received, he failed to do so and reasoned that he is exerting his possessory lien on said monies.

________78. The actuations of Atty. Santiago are violations of the Code of Professional responsibility (CPR) EXCEPT:.

A. He violated the CPR when he did not keep separate the funds of DMC Corp. from his personal funds;

B. He violated Canon 16 of the CPR that a lawyer shall hold in trust all moneys and properties of his client that may come into his possession;

C. He violated the CPR when he applied a possessory/retaining lien on the monies awarded in favor of DMC Corp.;

D. He violated the CPR when he failed to account for the monies when it was due or upon demand.

_____ 79. In an Administrative Case, the withdrawal of the complaint or failure of Respondent to answer shall result into:

A. The case is dismissed for being moot and academic. B. Investigation may continue in the exercise of judicial supervision of the

courts into the acts of its officers. C. The case is dismissed for failure of the Complainant to adduce evidence. D. The case is considered for resolution.

Atty.Revilla notarized a Memorandum of Agreement between an estranged husband and wife to the effect that both parties are free to live with another partner without incurring any civil, criminal, or administrative liability.

____80. Atty. Revilla is liable for malpractice because:

A. The agreement is contrary to law, and morals B. The agreement relative to status of persons cannot be compromised. C. The agreement is contrary to public policy and the Constitution. D. All of the above.

___ 81. Atty. Revilla violated the following except:

A. Notarial law. B. Law on Human Relations C. A lawyer shall not counsel or abet activities aimed at defiance of the law, or at

lessening confidence

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at the legal system.D.The Code of Professional Responsibility.

____82. Character traits expected of a judge are the following EXCEPT:

A. integrityB. independenceC. cursory knowledge of statutes and procedural rulesD. industrious

______83. Ambulance chasing is:

A. Fomenting litigation of physical injury victims with resulting burdens on the courts and the public.

B. Hunting defects in Land Titles C. Purchasing notes to collect them by litigation at a profit. D. Defrauding innocent persons by judgments, upon manufactured causes of

actions.

_____84. Under the Constitution, trial judges (MTC & RTC) must promulgate their decisions:

A. 30 days from the filing of the last pleadingB. 45 days from the filing of the last pleadingC. 60 days from the filing of the last pleadingD. 90 days from the filing of the last pleading

_____85. A practicing lawyer can refuse an assignment as counsel de oficio when:

A. He finds out that the accused is not indigent and can afford a counsel de parte.B. He knows that the accused is guilty.C. He knows that the accused is a political enemy.D. He labors under a conflict of interest.

______86. Judges are not prohibited from having financial and business dealings. However, they must:

A. Refrain from making investmentsB. Not invest at all in any lawful businessC. Invest only in the family business.D. Be mindful of circumstances to refrain from financial and business dealings which could make it unethical.

____87. Complainant lawyer alleged that respondent, with the help of a paralegal, convinced his clients to transfer legal representation to his law firm. Respondent promised them financial assistance and expeditious collection on their claims. To induce them to hire his services, he persistently called them and sent them text messages.

A. Ambulance ChasingB. BarratryC. Solicitation D. Unauthorized representation

88. The exception to the extent of lawyer’s representation of “guilty persons” includes:

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A. Appeal a conviction and advice the appellate court on the merits of the appeal, despite counsel’s belief of his client’s guilt

B. Threat of perjury if his client tells a lie in order to be acquittedC. Defense of a person accused of a crime by all fair and reasonable meansD. Duty to advise his client that plea bargaining should be undertaken if convinced

from the evidence that conviction is inevitable

_____89. A judge should abstain from making personal investments which are opt to be involved in litigation in his court; and after accession to the bench, the Judge should:

A. Immediately relinquish his investments even at a loss.B. Not retain such investments previously made, longer than a period sufficient

to enable him to dispose of them without serious loss.C. Increase his investment for as long as his personal interest shall not be in

conflict with his official dutiesD. Retain his interests in any lawful business.

____90. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case:

A. when the case could well be heard by any other judge; B. when the judge is a friend of one litigant;C. when suggestion is made that a judge might be induced to act in favor of one

party or with bias or prejudice;D. any circumstance capable of inciting suspicion of bias and impartiality.

____91. Gross ignorance of the law means:

A. Failure to keep abreast with all laws.B. Patent disregard of simple, elementary and well known rules.C. Cursory acquaintance with the laws and procedural rules.D. Improperly applying a gray provision of law.

___92. The rationale on the disqualification of a judge whether statutory or discretionary is based on:

A. Due processB. Avoid the stigma of being biased and partialC. The salutary principle that no judge should preside in a case which he is not

wholly free, disinterested, impartial and independent.D. Equity and undue enrichment.

____93. Judge X and Litigant Y both belong to INK while Litigant Z belongs to El Shaddai group.

A. Mandatory ground for disqualificationB. Discretionary ground for disqualificationC. Both discretionary and mandatory ground for disqualificationD. Statutory ground for disqualification

____94. When the parties and lawyers, despite the grounds for disqualifications and independent of the judge participation, all agree in writing that the reason for inhibition is immaterial or insubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers is:

A. Compromise AgreementB. Violation of Statutory Rule on Disqualification C. Remittal of Disqualification

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D. Waiver of the grounds for disqualification.

____95. A judge may engage in one of the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the court:

A. Write, lecture, teach, speak on non-legal subjects;B. Participate in political campaigns;C. Serve as director, trustee and legal advisor of a political or civic organization.D. Solicit donations for civic and religious activities.

____96. A retired judge, now practicing as a lawyer, manifests his disgust when the presiding judge was late for the hearing stating: “In my court, I am never late for a hearing, Your Honor”

A. The retired judge’s comment is an utter disrespect for the Court and the Judge;

B. The retired judge ought to be reprimanded;C. There is no violation, because the retired judge was well within bounds to

remind the Presiding judge of his duties;D. There is violation because the retired judge couched his comment in

disrespectful language.

_____97. Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the side of the road, gave chase and stopped the tricycle. he confiscated the driver’s license and told him to get it from his office. The conduct of the Judge is:

A. Improper because he has abused his position and usurped functions not in line with his office.

B. Commendable because we have to rid our streets of reckless driversC. Proper because a judge has the authority to confiscate the license D. The judge was acting in his personal capacity and does not affect his judicial functions.

____98. A judge may not hold and manage investments but may serve as:

A. Manager of any businessB. Director of any businessC. Director of a family business of the judgeD. Officer of any business

____99. The judge started harassing and threatening the complainant who filed several administrative cases against the former. The judge violated the Canons of New Code of Judicial Conduct pertaining to:

A. Independence and ProprietyB. EqualityC. Competence and diligenceD. Industry

____100. Complainant’s charged the RTC judge’s malicious delay in deciding the case. The respondent judge in his defense stated heavy workload as the reason for delay. One of the following statements is true:

A. The judge’s reason is sufficient to exonerate himB. That the 90 day period within which to decide a case is non-extendible.C. That the 90 day period may be subject to extension approved by the Supreme

Court.

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GREEN NOTES IN POLITICAL LAWPrepared by: ATTY. LARRY D. GACAYAN

D. That the judge’s sole duty is only to decide cases.

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THE BARRISTERS’ CLUB OFFICERS:Virgel Amor Vallejos

(Chancellor)Seychelles June M. Doringo

(Secretary)Janilet Mishelle R. Carillo

(Treasurer)Art Miguel B. Sanlao and Angelito Velasquez Jr.

(Business Managers)Rachelle May Gallego and Stephanie Joy Rolusta

(PRO)Paul Dean Mark Pila (SSG Representative)

Brenda Filipinas Danganan (Ex-officio)

Atty. Isagani Calderon (Adviser)

Atty. Reynaldo U. Agranzamendez (Dean,College of Law)

BAR OPERATIONS 2011 Page 16