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Suggested Answers to 2015 Bar Examinations in Legal and Judicial Ethics Atty. Victoria V. Loanzon
I. a. C ounsel unsel de ofi cio ci o: a counsel, appointed or assigned by the court, from among such memb the bar in good standing who, by reason of their experience and ability may adequately adequ ately defen accused. The person need not be a member of the bar if no lawyer is available in a given loc (Sec. 7, Rule 116, Rules Ru les of Court) A counsel de oficio is appointed to defend an indigent in a criminal action (Sections 3, 4, a Rule 116; Sec. 32, Rule 138); or to represent a destitute party in a case (Sec.31, Rule 138).
b. C ounsel de de par par te: te: a lawyer retained by a party litigant, usually, for a fee, to prosecute or d his cause in court. The term implies freedom of choice either on the part of the lawyer to a the employment or on the part of the litigant to continue or terminate the retainer at any time
c. Amicus Curiae: a friend of the court. A person with strong interest in or views on the su matter of the action. One who is considered as an experience and impartial attorney to help i disposition of issues submitted to the Court. (Sec. 36, Rule 1 38)
A ttorney rney of Reco Recorr d : a member of the bar appointed by a client to represent in cause of a d. At and upon whom service of papers may be made.
II. Yes. Atty. Jeremiah is administratively liable. Canon 16 of the Lawyer’s Code of Profess Responsibility provides: “A lawyer shall hold in trust all moneys moneys and properties of his clien may come into his profession.” Money collected by a lawyer in pursuance of a judgment in of his clients is held in trust and must be immediately turned over to them (Aya v. Bigorni Phil. 8). Belated payment of the amount he fraudulently obtained do not relieve him from liability if only to impress upon him that the relation between an attorney and his client is h fiduciary in its nature and of a very delicate, exacting and confidential character, requiring degree of fidelity and good faith. In view of that special relationship, lawyers are boun promptly account for money or property received by them on behalf of their clients and fail do so constitutes professional professional misconduct. (Daroy v. Legaspi, 65 SCRA 304).
III. Co de of Professional Responsibility provides that a lawyer owes fid a. Yes. Canon 17 of the Code to the cause of his client and shall be mindful of the trust and confidence reposed on him. Th long-established rule is that an attorney is not permitted to d isclose communications made to in his professional character by a client, unless the latter consents. However, the privilege ag disclosure of confidential communications or informationSign is limited only to communications up to vote on this title which are legitimately and properly within the scope of a lawful of a lawyer. Usefulemployment Not useful (Genato v. Silapan, A.C. No. 4078, July 14, 2003)
The rule on privileged communication applies to matters disclosed to a lawyer by a prospec p rospec
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IV. According to the Supreme Court the Lawyer’s Oath, to which all lawyers have subscribed in solemn agreement to dedicate themselves to the pursuit of justice, is not a mere ceremony or formality for practicing law to be forgotten afterwards; nor is it mere words, drift and hollow a sacred trust that lawyers must uphold and keep inviolable at all times. By swearing the lawyer ’s oath, lawyers become guardians of truth and the rule of law, as well as instruments the fair and impartial dispensation of justice. (Ting-Dumali v. Torres, 427 S CRA 108)
The Lawyer’s Oath not only impresses upon the attorney his responsibilities but it also stam him as an officer of the court. The oath embodies the four-fold duty of a lawyer: his duty to society, his duty to the legal profession, his duty to the court and his duty to his client.
V. Yes, Judge Savellano violated Canon 4 of the New Code of Judicial Conduct. Propriety and appearance of propriety are essential to the performance of all activities of a judge. Section 8 Canon 4 provides: “Judges shall not use or lend the prestige of the judicial office to advance their privat interests, or those of a member of their family or of an yone else, nor shall they conve the impression that anyone is in a special position improperly influence them in the performance of judicial duties.” By using her official court stationery to relay to the National Telecommunications Commiss her complaint regarding the three-month billings of Universal Telecoms for the post-paid ce services, Judge Savellano acted in an improper manner.
VI. a. Casper cannot be considered a member of the bar and should not be allowed to use the t You're Reading Preview is reserved toathose who, having obtained the necessa “Attorney”. The title of "attorney" degree in the study of law and successfully taken the Bar Examinations, have been admitte Unlock full access with a free trial. the Integrated Bar of the Philippines and remain members thereof in good standing; and it is only who are authorized to practice law in the Philippines. (Sophia Alawi v. Ashary M. Ala Download With Free Trial Clerk of Court VI, Shari ’a District Court, Marawi City, A.M. SDC-97-2-P) In a decided case, the Supreme Court held that a bar passer is not considered a full-fledged member of the Philippine bar until he has signed the Roll of Attorneys. (In re: Petition of At Medado to sign Roll of Attorneys, B.M. No. 2540, September 24, 2013)
b. Casper is guilty of violation of Cannon 9 and contempt of court. Casper cannot be relieved from any liability for his inaction for seven (7) years after he was unable to provide his Roll Number while completing his MCLE requirement. In a decided the Court held:” While an honest mistake of fact could be used to excuse a person from the l consequences of his acts as it negates malice or evil motive, a mistake of law cannot be utili as a lawful justification, because everyone is presumed to know the law and its consequence Sign up to vote on this title Ignorantia facti excusat; ignorantia legis neminem excusat .” ( Ibid ., citations omitted) Useful Not useful In the case at bar, Casper cannot now raise that it was an honest mistake when he believed th what he signed at the PICC was the Roll of Attorneys because his attention was called as ea 2003 and yet he only filed the Petition to take sign the Roll of Attorneys after seven (7) year
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c. I will grant Casper’s Petition to Sign the Roll of Attorneys for having demonstrated good by acknowledging his own lapse, albeit after the passage of more than nine (9) years. His ac action manifested his good moral character because Casper strove to adhere to the strict requirements of the ethics of the profession, and that he has prima facie shown that he posse the character required to be a member of the Philippine Bar. His work experience as a lawye also indicates his competence as a member of the legal profession. ( Ibid.)
VII. The primary characteristics which distinguish the legal profession from business ar e 1. The practice of law involves a duty of public service of which the emolument is a by-prod and one may obtain eminence without making much money. 2. The practice of law creates a relation as an officer of the court whose primary role is to as in the administration of justice involving thorough sincerity, integrity and reliability. 3. The practice of law creates a relation with clients with the highest fiduciary degree. 4. The practice of law creates a relation which other lawyers which requires candor, fairness decency avoiding any kind of encroachment upon other’s practice.
VIII. Atty. Jane cannot promise any commission to Engr. Gilbert. As a general rule, a lawyer sh not divide his professional fees with persons not licensed to practice law. (Rule 9.02, Canon of the Code of Professional Responsibility)
Rule 9.02 provides for the following exceptions: “ (a) Where there is a pre-existing agreem with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or (b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; (c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan eve You're Reading a Preview the plan is based in whole or in part, on a profit sharing agreement. ” Unlock full access with a free trial.
Under the facts presented, it therefore not ethical for Atty. Jane to share her professional fee with Engr. Gilbert. Otherwise, she will be held With liableFree for Trial violation of Ru le 9.02 of Canon Download Code of Professional Responsibility.
IX. a. Quantum meruit is a Latin phrase meaning "as much as he has deserved.” In the determin of professional fees of lawyer who has rendered services to a client, the doctrine of quantum meruit can be applied. It is important to establish certain factors for the doctrine to operate. T lawyer may recover his professional fees by proving that: 1. a lawyer-client relationship exists; 2. the lawyer rendered valuable professional services to the client; 3. the lawyer’s services were accepted, used, and enjoyed by the defendant; and 4. the client was aware that the lawyer, in performing theSign services, expected to be paid. up to vote on this title
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b. The following factors should be considered in fixing a reasonable compensation for servic rendered by a lawyer on the basis of quantum meruit: 1. the time spent and the extent of services rendered or required;
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10. the professional standing of the lawyer . ( Traders Royal Bank Employees Union-Indepen v. National Labor Relations Commission and Emmanuel Noel A. Cruz, G.R. No. 120592. M 14, 1997)
X. No, Atty. Enriquez cannot claim ½ of the property of the Spouses Manuel. The contingent f P200, 000.00 should control the agreement of counsel and his clients although the same was contingent upon winning the case. While Atty. Enriquez and Atty. Enriquez entered into an contingent fee agreement securing to the latter one-half of the subject lot, taking one half of property involved in litigation valued at P3,500,000.00 or an equivalent amount of P1,750,0 appears to be unconscionable. Even if the Spouses Manuel agreed to such contingent fee, th same may be reduced by the court in proper proceedings because the same is contrary to pub policy (In Re: The Conjugal Partnership of the Spouses Vicente Cadavedo and Benita Arcoy Cadavedo (both deceased), substituted by their Heirs, namely: Herminia, Pastora, Heirs of Fructiosa, Heirs of Raquel, Evangeline, Vicente, Jr., and Armand, all surnamed Cadavedo , No. 173188. January 15, 2014 )
XI. Yes, the acts of Judge Tadhana constitute a violation of his duty as a member of the bench. A judge should be courteous to counsel and also to those others appearing or concerned in the administration of justice. (Canon 14, Canons of Judicial Ethics) Under the New Code of Judicial Conduct, Judge Tadhana violated Canon 4 which speaks of Propriety as the standard of conduct of a judge in all proceedings before his court. Such tyrannical and overbearing attitude of the Judge Tadhana demeans the judiciary and may ev erode public confidence in the administration of justice. (Ruiz v. Bringas, 330 SCRA 62)
XII. a Preview You're Reading a. The best form of advertising one’s legal services is the establishment of well-merited full access with a free trial. reputation for professional capacityUnlock and fidelity to the trust repose by clients. (Director of Religious Affairs v. Bayot, 74 Phil.579) Download With Free Trial b. The following are the allowable or permissible forms of advertising by a lawyer: 1. publication in a reputable law list; 2. use of simple professional card with indication of special branch of law practiced; 3. simple announcement of opening or transfer of law firm; and 4. listing in a telephone directory but not under a designation of special branch of law. (Ulep The Legal Clinic, Inc. (B.M. No. 553, June 17, 1993)
XIII. a. If the judge is compulsorily disqualified under any of the grounds under the first paragrap Section 1 of Rule 137 of the Rules of Court, he has no choice but to withdraw from the case unless all parties consent thereto in writing and entered into the in voluntary Sign up records to vote onwhile this title inhibition under the second paragraph of Section 1of Rule when appear Useful Not useful 137, circumstances the judge’s actions give rise, fairly or unfairly, to perceptions of bias which would erode pub confidence in the judiciary, the judge must inhibit himself. Voluntary inhibition is left to the
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In mandatory disqualification, the judge needs the written consent of all the parties and such consent shall be incorporated in the record of the proceedings. (Section 6 of Canon 3, the Ne Code of Judicial Conduct)
In a land registration case, the state is represented by the Office of the Solicitor General and since Judge Lucio draws his salaries from the government, propriety and prudence also dicta that he should inhibit himself.
b. No, the rationale behind the compulsory disqualification of a jud ge rests on the presumpti that a judge, sitting in a case, must at all times be wholly free, disinterested, impartial and independent. (Agpalo, supra, p.623 )
XIV. The New Code of Judicial Conduct prescribes six (6) qualities to be observed by the members of the Judiciary, to wit: CANON 1: INDEPENDENCE As a member of the bench, a judge must exhibit his independence in both personal and jud aspects. As an embodiment of justice, the judge is expected at all times to uphold the Rule o
CANON 2: INTEGRITY Integrity does not only pertain to ensuring that public will not lose its trust in the dispositio cases by judges but also covers the personal demeanor of judges.
CANON 3: IMPARTIALITY In the discharge of their judicial duties, the members of the bench are mandated to observ impartiality. It is the solemn duty of a judge to promote justice and administer it fairly impartially. You're Reading a Preview
CANON 4: PROPRIETY Unlock full access with a free trial. Both propriety and the appearance of propriety are imposed upon the members of the bench the performance of all their duties and responsibilities as judges. The same exacting standard Download With Free Trial is required even in their social activities and personal relationships. CANON 5: EQUALITY It is the paramount duty of a judge to ensure equality of treatment to all before the courts. CANON 6: COMPETENCE AND DILIGENCE Competence and diligence require that the judge knows the law, the rules of procedure and must decide cases based on evidence presented and the applicable law in the resolution of issues in any pending case before the court. The duty of competence and diligence also mandates that the judge renders the decision within the prescribed period. Sign up to vote on this title
XV.
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No, the contention of Atty. Teresa is not correct. The Court has held that the proscription ag
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XVI. a. Atty. Luna Tek is an officer of the court and as such she has the duty to observe candor, fairness and good faith to the courts. (Canon 10, Code of Professional Responsibility)
She is also mandated to respect the courts. (Canon 11, Code of Professional Responsibility) While a lawyer may criticize a decision of the court on legal grounds, the same must be don respectful manner. Rule 11.03 of Canon 11 specifically enjoins lawyers to abstain from scandalous, offensive or menacing before the courts.
b. The relationship between a lawyer and the courts is one mutual respect. Both the member the bench and the bar dedicate themselves to the pursuit of justice. In the discharge of their respective duties and responsibilities, judges and lawyers are duty-bound to strictly observe law and maintain fidelity to the ethics which govern them. Both the judges and lawyers mus ensure that their actions will not in any way obstruct, pervert or impede the administration o justice. This duty of mutual respect will contribute significantly to public confidence in the judicial system in the Philippines.
XVII. Under Rule 22.01 of Canon 22, a lawyer may withdraw his services in any of the followi cases: (a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; (b) When the client insists that the lawyer pursue conduct v iolative of these canons and rules (c) When his inability to work with co-counsel will not promote the best interest of the clien (d) When the mental or physical condition of the lawyer renders it difficult for him to carry o the employment effectively; You're Reading a Preview (e) When the client deliberately fails to pay the fees for the services or fails to comply with t Unlock full access with a free trial. retainer agreement; (f) When the lawyer is elected or appointed to public office; and Download With Free Trial (g) Other similar cases.
XVIII. a. As the Investigating Commissioner, I will find Atty. Javier guilty of misconduct and dishonesty and will recommend his disbarment. Lawyers are instruments for the administrati of justice, they are expected to maintain not only legal proficiency but also a high standard o morality, honesty, integrity and fair dealing. Rule 1.01 of Canon 1 of the Code of Professional Responsibility enjoins a lawyer from enga in unlawful, dishonest or deceitful conduct. The complementing Rule 7.03 of the Code, on t other hand, provides that "a lawyer shall not engage in conduct that adversely reflects on his fitness to practice law." Another complementing provision is found in the Section 27 of Rul of the Rules of Court providing that a member of the bar may betosuspended evenremove Sign up vote on thisor title from office as an attorney for any deceit, malpractice, or misconduct inNot office. Useful useful The Deed of Sale with Right to Repurchase which Atty. Javier drafted gave a warranty to Gregorio that he had “the perfect right to dispose in fee simple” is an act of dishonesty beca
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Mas drew up a Deed of Sale of a property in Subic which is part of public domain and there outside the commerce of man. Respondent lawyer was ordered to reimburse complainant P3 800,000.00 which represented the value of the land and the amount of P400, 000.00 which represented his professional fees. In Reddi v. Sebrio, Jr . (Adm. Case No. 7027, January 30, 2009), the Court ordered Sebrio to r to the complainant US$544,828.00 which admitted he received from the complainant. The disbarred him deceiving an American into giving him thousands of dollars to purchase severa estate properties for resale. Given the situation, it is my considered opinion that erring lawyer can be asked to restor complainant the amount of P2,000,000.00.
XIX. a. Section 27, Rule 138, Rules of Court provides the following grounds: deceit or any gross misconduct, grossly immoral conduct, conviction of crime involving moral tu rpitude, violat of lawyer’s oath, willful disobedience of any lawful order, or corruptly or willfully appearin an attorney for a party in a case without authority, malpractice which includes practice of soliciting cases for the purpose of gain, either personally or through p aid agents or brokers.
b. A decision in a disciplinary action against a Filipino lawyer practicing ab road may also be basis for a disbarment proceeding against the same lawyer in the Philippines. (Velez v. De V 496 SCRA 345) XX
Under B.M. 850 issued the Supreme Court on October 2, 2001, m embers of the IBP shall comple
every three (3) years at least thirty-six (36) hours of continuing le gal education activities approved by the MCLE Committee. Of the 36 hours: You're Reading a Preview (a) At least six (6) hours shall be devoted to legal ethics equivalent to six (6) credit units. Unlock fulltoaccess free trial. skills equivalent to four (4) (b) At least four (4) hours shall be devoted trialwith andapretrial credit units. (c) At least five (5) hours shall be devoted to alternative Download With Free dispute Trial resolution equivalent to fiv credit units. (d) At least nine (9) hours shall be devoted to updates on substantive and procedural laws, a jurisprudence equivalent to nine (9) credit units. (e) At least four (4) hours shall be devoted to legal writing and oral advocacy equivalent to (4) credit units. (f) At least two (2) hours shall be devoted to international law and international conventions equivalent to two (2) credit units. (g) The remaining six (6) hours shall be devoted to such subjects as may be prescribed MCLE Committee equivalent to six (6) credit units. ( Section 2, B.M. 850)
Continuing legal education is required of members of the Sign Integrated Bar of the Philippines ( up to vote on this title to ensure that throughout their career, they keep abreast withUseful law and jurisprudence, maintai Not useful ethics of the profession and enhance the standards of the practice of law. (Section 1, B.M. 85
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(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Departm of Justice; (e) The Solicitor General and the Assistant Solicitors General; (f) The Government Corporate Counsel, Deputy and Assistant Government Corporate Coun (g) The Chairmen and Members of the Constitutional Commissions; (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and the Spe Prosecutor of the Office of the Ombudsman; (i) Heads of government agencies exercising quasi-judicial functions; (j) Incumbent deans, bar reviewers and professors of law who have teaching experience for least ten (10) years in accredited law schools; (k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professor Lecturers of the Philippine Judicial Academy; and (l) Governors and Mayors. SEC. 2. Other parties exempted from the MCLE . The following Members of the Bar are like exempt: (a) Those who are not in law practice, private or public. (b) Those who have retired from law practice with the approval of the IBP Board of Govern XXIII
a. Atty. Billy may be administratively charged with: 1. Violation of Canon 10 of the Code of Professional Responsibility: Rule 10.02 - A lawyer shall not do any falsehood, nor consent to the doing of any in Cou nor shall he mislead, or allow the Court to be misled by any artifice. Atty. Billy through artifice when he resorted to pasting portions of the decisions of the Cour misled the Court and it could also be a ground for plagiarism because he failed to attribute th You're Reading a Preview source of his information. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a Unlock full access with a free trial. paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal o Download With amendment, or assert as a fact that which has notFree beenTrial proved. Atty. Billy included in his pleadings quotations from the decisions of the Court without reproducing the same word for word and punctuation by punctuation. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. Atty. Billy failed to observe the prescribed font and font size for pleadings to be filed in cou 2. Violation of his Lawyer’s Oath As an officer of the Court, he is guilty of committing falsehood to the court b y misleading th court though his artifice. 3. Violation of Canon 7 of the Code of Professional Responsibility Canon 7 - A lawyer shall at all times uphold the integrity and dignity of the legal profes Sign up to vote on this title and support the activities of the integrated bar. By not giving due respect to the court, Atty. Billy failed to live up to theNot exacting Useful useful duty of upholding the integrity and dignity of the legal profession.4. 4. Violation of Canon 18 of the Code of Professional Responsibility
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decisions will not lose their proper and correct meaning, to the detriment of other courts, law and the public who may be misled if the Court is misquoted. Lawyers should therefore meticulously discharge their duty to check and recheck their citations of authorities culled n only from this Court's decisions but from other sources and make certain that they are verba reproductions down to the last word and punctuation mark. (Insular Life Assurance Co., Ltd Employees Association v. Insular Life Assurance Co., Ltd, 37 SCRA 244)
XXIV
a. As a general rule, the Supreme Court does not entertain anonymous complaints against ju (In Re: Quijano, A.M. No. 361, August 31, 1977) From the facts set forth above, it would appear that the anonymous complaint falls within th exception to the rule. The Supreme Court has allowed the institution of complaint based o anonymous letter provided that the complaint could be fully borne by public records of indubitable integrity. (In Re: Araula, 81 SCRA 483). In the instant case, the inclusion of rele pages of the transcripts of several cases heard by Judge Hambog would prove the substantia allegations against him considering the TSNs form part of the records of the cases. b. If the administrative complaint against the RTC judge is sufficient in form and substance, Office of the Court Administrator will furnish the respondent judge with a copy of subject complaint. The respondent judge is given a period of 10 days to comment on the complaint. there is no basis to conduct further investigation, the same will be dismissed. (Section 2, Rul 140, Rules of Court) If the complaint appear to merit an action, the respondent judge is given 10 days to commen Upon filing of the respondent judge’s comment, or upon the ex piration of 10 days and unles You're Reading a Preview other pleadings or documents are required, the Supreme Court refers the same to the Office the Court Administrator for investigation, report recommendation. The Court may also as Unlock full accessor with a free trial. a Justice of the Court of Appeals to conduct the investigation and submit his report and recommendation. (Section 4, Rule 140, Rules of Court) Download With Free Trial The Supreme Court will render its decision based on the investigation, report and recommendation of the Office of the Court Administrator or the assigned Justice of the Cour Appeals.
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