Legal Ethics and Practical Exercises

8/14/2019 Legal Ethics and Practical Exercises

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BAR EXAMINATIONS 2005

LEGAL ETHICS AND PRACTICAL EXERCISES

LEGAL ETHICS AND PRACTICAL EXERCISES Page 1of 7

25 September 2005 2 P.M. 5 P.M.

INSTRUCTIONS

This questionnaire consists of sixteen (16) numbers contained in

seven (7) pages. Read each question very carefully. Answer

legibly, clearly and concisely. Start each number on a separate

page; an answer to a sub-question under the same number may bewritten continuously on the same and immediately succeeding

pages until completed. Do not repeat the question.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

2005 BAR EXAMINATION COMMITTEE

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

____________________________________

CHAIRMAN


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LEGAL ETHICS AND PRACTICAL EXERCISES Page 2 of 7

- I -

Multiple choice. Choose the correct answer. Write the letter

corresponding to your answer.

(1.) Which of the following need not be verified?

a) Petition forCertiorari;b) Interpleader;c) Petition forHabeas Corpus;d) Answer with compulsory counterclaim;e) All pleadings under the Rules on Summary Procedure.

(2%)

(2.) Which of the following statements is false?

a) All administrative cases against Justices of appellate courtsand judges of lower courts fall exclusively within the jurisdiction of theSupreme Court.

b) Administrative cases against erring Justices of the Court ofAppeals and Sandiganbayan, judges, and lawyers in the governmentservice are not automatically treated as disbarment cases.

c) The IBP Board of Governors may, motu proprio, or uponreferral by the Supreme Court or by a Chapter Board of Officers, or atthe instance of any person, initiate and prosecute proper chargesagainst erring lawyers including those in the government service.

d) The filing of an administrative case against the judge is not aground for disqualification/inhibition.

e) Trial courts retain jurisdiction over the criminal aspect ofoffenses committed by justices of appellate courts and judges of

lower courts.

(2%)


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(3.) On which of the following is a lawyer proscribed fromtestifying as a witness in a case he is handling for a client:

a) On the mailing of documents;

b) On the authentication or custody of any instrument;

c) On the theory of the case;

d) On substantial matters in cases where his testimony isessential to the ends of justice.

(2%)

- II -

Mike Adelantado, an aspiring lawyer, disclosed in his petition totake the 2003 Bar Examinations that there were two civil casespending against him for nullification of contract and damages. He wasthus allowed to conditionally take the bar, and subsequently placedthird in the said exams.

In 2004, after the two civil cases had been resolved, MikeAdelantado filed his petition to take the Lawyers Oath and sign theRoll of Attorneys before the Supreme Court. The Office of the BarConfidant, however, had received two anonymous letters: the firstalleged that at the time Mike Adelantado filed his petition to take thebar, he had two other civil cases pending against him, as well as acriminal case for violation of Batas Pambansa (B.P.) Bilang 22; theother letter alleged that Mike Adelantado, as Sangguniang Kabataan(SK) Chairperson, had been signing the attendance sheets of (SK)meetings as Atty. Mike Adelantado.

a) Having passed the bar, can Mike Adelantado already use theappellation attorney? Explain your answer. (3%)

b) Should Mike Adelantado be allowed to take his oath as alawyer and sign the Roll of Attorneys? Explain your answer. (3%)


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- III -

Atty. Kuripot was one of Town Banks valued clients. Inrecognition of his loyalty to the bank, he was issued a gold credit card

with a credit limit of P250,000.00. After two months, Atty. Kuripotexceeded his credit limit, and refused to pay the monthly charges asthey fell due. Aside from a collection suit, Town Bank also filed adisbarment case against Atty. Kuripot.

In his comment on the disbarment case, Atty. Kuripot insistedthat he did not violate the Code of Professional Responsibility, sincehis obligation to the bank was personal in nature and had no relationto his being a lawyer.

a) Is Atty. Kuripot correct? Explain your answer. (3%)

b) Explain whether Atty. Kuripot should be held administrativelyliable for his refusal to settle his credit card bill. (3%)

- IV -

You had just taken your oath as a lawyer. The secretary to the

president of a big university offered to get you as the official notarypublic of the school. She explained that a lot of students lose theirIdentification Cards and are required to secure an affidavit of lossbefore they can be issued a new one. She claimed that this would bevery lucrative for you, as more than 30 students lose theirIdentification Cards every month. However, the secretary wants youto give her one-half of your earnings therefrom.

Will you agree to the arrangement? Explain. (5%)

- V -

Judge Horacio would usually go to the cockpits on Saturdaysfor relaxation, as the owner of the cockpit is a friend of his. He alsogoes to the casino once a week to accompany his wife who loves toplay the slot machines. Because of this, Judge Horacio wasadministratively charged. When asked to explain, he said that

although he goes to these places, he only watches and does notplace any bets.

Is his explanation tenable? Explain. (5%)


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- VI -

A business man is looking for a new retainer. He approachedyou and asked for your schedule of fees or charges. He informed

you of the professional fees he is presently paying his retainer, whichis actually lower than your rates. He said that if your rates are lower,he would engage your services.

Will you lower your rates in order to get the client? Explain.(5%)

- VII -

(1.) Judge Segotier is a member of Phi Nu Phi Fraternity. Atty.Nonato filed a motion to disqualify Judge Segotier on the ground thatthe counsel for the opposing party is also a member of the Phi Nu PhiFraternity. Judge Segotier denied the motion.

Comment on his ruling. (5%)

(2.) In an intestate proceeding, a petition for the issuance ofletters of administration in favor of a Regional Trial Court Judge wasfiled by one of the heirs. Another heir opposed the petition on theground that the judge is disqualified to become an administrator ofthe estate as he is the brother-in-law of the deceased.

Rule on the petition. (5%)

- VIII -

Due to the number of cases handled by Atty. Cesar, he failed tofile a notice of change of address with the Court of Appeals. Hence,he was not able to file an appellants brief and consequently, the casewas dismissed. Aggrieved, Atty. Cesar filed a motion forreconsideration of the resolution dismissing the appeal and to setaside the entry of judgment on the ground that he already indicated inhis Urgent Motion for Extension of Time to File Appeal Brief his new

address and that his failure to file a notice of change of address is anexcusable negligence.

Will the motion prosper? Explain. (5%)


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- IX -

Darius is charged with the crime of murder. He sought Atty.Francias help and assured the latter that he did not commit thecrime. Atty. Francia agreed to represent him in court. During thetrial, the prosecution presented several witnesses whose testimoniesconvinced Atty. Francia that her client is guilty. She confronted hisclient who eventually admitted that he indeed committed the crime.In view of his admission, Atty. Francia decided to withdraw from thecase.

Should Atty. Francia be allowed to do so? Explain. (5%)

- X -

Atty. Yabang was suspended as a member of the Bar for aperiod of one (1) year. During the period of suspension, he was

permitted by his law firm to continue working in their office, draftingand preparing pleadings and other legal documents but was notallowed to come into direct contact with the firms clients. Atty.Yabang was subsequently sued for illegal practice of law.

Would the case prosper? Explain. (5%)

- XI -

Atty. Japzon, a former partner of XXX law firm, is representingKapuso Corporation in a civil case against Kapamilya Corporationwhose legal counsel is XXX law firm. Atty. Japzon claims that shenever handled the case of Kapamilya Corporation when she was stillwith XXX law firm.

Is there a conflict of interest? Explain. (5%)


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- XII -

Pending before the sala of Judge Magbag is the case of CDGversus JQT. The legal counsel of JQT is Atty. Ocsing who happens

to be the brother of Atty. Ferreras, a friend of Judge Magbag. Whilethe case was still being heard, Atty. Ferreras and his wife celebratedtheir wedding anniversary. They invited their friends and family to adinner party at their house in Forbes Park. Judge Magbag attendedthe party and was seen conversing with Atty. Ocsing while they wereeating at the same table.

Comment on the propriety of Judge Magbags act. (5%)

- XIII -

Gerry Cruz is the owner of a 1,000-square meter lot covered byTransfer Certificate of Title No. 12345 located in Sampaloc, MetroManila. Gerry decided to sell the property but did not have the timeto look for a buyer. He then designated his brother, Jon, to look for abuyer and negotiate the sale. Jon met Angelo Santos who expressedhis interest to buy the lot. Angelo agreed to pay P1 Million for the

property on September 26, 2005.

a) Draft the Special Power of Attorney to be executed by GerryCruz, as principal, in favor of his brother Jon, as agent, authorizingthe latter to sell the property in favor of Angelo Santos. (7%)

b) Draft the Deed of Sale of Real Property. (7%)

- XIV -

Draft a withdrawal of counsel without conformity of client. (6%)

- XV -

Draft a Notice of Appeal. (6%)

- XVI -

Draft a Certification of Non-Forum Shopping. (6%)

NOTHING FOLLOWS.

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Legal Ethics and Practical Exercises