SUVIOTONTSOUUE SUD BARQ&A FOR THE PAST 10 YEARS LEGAL ETHICS Judge Ea Vi 1tS. Albano (Ret.)PEUS ESOS ESTOS BAR EXAMINATION 2010 LEGAL ETHICS and PRACTICAL EXERCISES PARTI I Prepare the following: ‘a. Verification and Certification against Forum ‘Shopping. (5%) Petition for Letters Rogatory. (5%) ANS: (2) \VERIFICATION AND CERTIFICATION AGAINST FORUM SHOPPING 1, Juan dele Cruz, efter being Gly sworn hereby denoses and sates ‘That he's the plain inthe above-ented case; that he has caused the preparation of the foregoing Complaint to be prepared; tat he es read the same and that the aloetons of fact therein contained are true of his personal knowledge or based on authentic ccuments; ‘That (2) he has not heretofore commenced any action or fled any dim insoving the seme issues in any cout, ritual (oF quas-judal agency, and to the best of his knowledge, no suth other acton or claim is pending therein; and (e) Fhe should herent: lear that the same or simiaracion cr dimhasbeen led or spending, he shall renort that fat within five (6) days therefrom to this Honorable Cou o (cepten) PETITION FOR LETTERS ROGATORY PLAINTIFF, through coursl respectful ages 1, That the above tion ie pending before tis Honorable Cour: and, forthe purpose of compieting the evidence and presenting to te court al the fects whereby a just Judoment can be rendered, it necessry that the testimony of Mr. tuan dla Cruz, who's resent residrg in Hava, USA, 2, That the said witness wil be unable to go to the Philppnes to testy inthis cae due to his iment a5. certifies to by his doctors swe ceriiate hereto attached as Annex "A" hereof 3. That Is In the best Interest of suse that the testimony of the oferementioned witness be taken Cepostion through wen Inerogataries and made arto the evidence in this cas, WHEREFORE, it s respectfully prayed that this court order the issuance by the ler ofthis cour of letters gator to the proper judcel tibunal of Hawai, USA, requesting. the framination of Mr. Juan dela Cruz on the witness intr rogatoris fled here (Foie Ba 0 You) . L2ce9 iy, locos Norte, Jay 28,2020 ty, Agustina D, Maes Notice of Hearing ‘ey. Dona Forts Couns forthe defendant (eaeress) Meda: indy take notice that the foregoing petion vil be submitted to the Honorable Court on August 7, 2020 at 5:00 am, forts considarstion and resoiton, ty. Agustina D, Matas Cosy Furishedt 0 Enumerate the instances when @ Notary Public may authenticate documents without requiring the physical presence ofthe signatories. (2%) ‘ANS: Under the folowing stuatons, a notary publle may notare a document without the ehyscal presence of the signatories 1. Ifthe signatory Is ol or sick or otherwise unable to ppens, his presence may be dissensed with i one crete witness not privy to the instument and who(s known tothe notary pute, cers underoath or afmation the identity ofthe signatory. 2. Ifo ereaible wanesses neither of whom is privy to the instrument, rot known to the retary public but ‘an present their oun competent evidence of identity, cerity under cath or affmation to the entity of the sontory. 3: In cases of copy cartfiation and issuences of cenied tris cole, m1 Atty. ¥, In his Motion for Reconsideration of the Decision rendered by the National Labor Relations ‘Commission (NLRC), alleged that there was connivance ff the NLRC Commissioners with Atty. X for monetary ‘considerations in arriving at the questioned decision, He Insulted the Commissioners for thelr ineptness in appreciating the facts as bome by the evidence presented. Atty. X files an administrative complaint against ty. ¥ for using abusive language, Atty. ¥ posits that as lawyer for the downtrodden laborers, he is entitled to express his righteous ang. ‘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 caver pleadings filed with the NLRC, as itis not a court, nor are any of Its Commissioners Justices or Judges, VETS IUTT OTS ST oy (Fone Pas 0 Yon) i Is Atty. Y administratively able under the Code of Professional Responsibility? Explain. (3%) ‘Ws: Yes. Atty. Y has vilated the rule that alwyer shall not In his profesional deaings, use language which Is abusive, tensive cr atherwse improper" (Canons 8 and 11 of the Code of Professional Responsbiy, Canlapan v. Ay. Willam Belay, AAG. No, 10605, February 17, 2016, Leonen, 3). lawyer is @ servent ofthe aw; a mozel, citizen must set n example to the publ. A tznyer shall absian from scendslous, offenava or renacing languege or behavior before the cours (Rule 11.03, (CPR), In fact, he can be cted for contempt or the courts may se thelr dsdplnary powers Zaldvarv. Gonzales, 166 SCRA 2316). If & lawyer stacks without foundation the Intarty of ‘another lanyer, the court may order the same be sticken of ‘he record For, cases are not non by such language. A ower has a asl duty to conduct his with ily tothe cours, to be courtanus, at, not comibave an belioss(Sengelen v. Gaston, August 30,1988), ‘The contention thatthe NLRC isnot a court, ¢ net correct, he lawyer remains a member of the Bar, sn “oath-bound servant ofthe law, whose fst Guy isnot to ns chet but to the aciinstration of justce and whese conduet aught to be and must be srupulovsy obserantof aw and ethics” Johnny Ng. Atty. Benjamin C. Alar, 507 SCRA 465 [2006]; Calapan Atty, Willa Belaye, AC. No, 1060S, February 17, 2016, Leonen, 3) “Te lawyer's stand foremost city ist the cours. Hes ‘uty beund to comply with the lawful orders ofthe court. The reason thatthe atomey isan officer of the court because hiso 4 an aAtzou Emer meh mission is to assst in the administration of justice (Femandez v. Atty. Angel P, De Ramos-Vilalon, A. Ho, 7048, February 27,2008) wv Atty. 0K rented a house of his cousin 3} on a month= to-month basis. He left for a G-month study in Japan without paying his rentals and electric bills while’ he was away despite 1's repeated demands, Upon his return to the Philippines, Atty. XX stil failed to settle hi rontal arrearages and electic bili, raving 33 to file an administrative complaint against Atty. 1 [Atty XX contended that his non-payment of rentals {and bill to his cousin is a personal matter which has no ‘bearing on his profession as a lawyer and, therefore, he id not violate the Code of Professional Responsibility, ‘2, Is Atty. 0s contention In order? Explain. (32%) ', Cite two (2) specific Rules in the Code of Professional Responsibility, vilation of whieh subjects a lawyer to dscipinary action by the Supreme Court although the acts complained of are purely persona or private activities that do not involve the practice of law, (296) (2) No, because having incurred ust debts, a lwyer has ‘he moral duty and legal responsibilty to sete them Gone asrte ae) vihen they become due. "Very, lawyer must at a times fatuly perform thelr duties to society, tothe bar, tothe court and to ther cents, As part of thar ites, they must prompt pay thelr fancial cbigaons” (Wison Cham v. Ay, Era Pate-Noye, 556 SCRA 1 (2008), (©) Te folowing rules were violated *A lawyer shall not engage io unlawful, shonest, Immoral and deceitful conduct” (Rule 1.00), "A Tamer shall not engage in conduct that aversaly refers on his fitness 10 practice lam, oe ‘should he, whether n pubic or private ie, behave n 2 scandalous menner to the clredt of the kg! ‘rfesson” (Rule 7.03). v When is professional incompetence a ground for disbarment under the Rules of Court? Explain. (39%) ANS: Profesional incompetence of a lawyer may be 2 specal ‘round for disbarment if his incamzetence fs ota, gross ane sefous that he cannot be entrusted with the duty to protect the rights of cents. Such arose and inexcssble neligente may effectively deny his cent ris ay in cour resulting invasion tf the right to due process. In such case, the cient is not bound by the acts of counsel (Lecarda v. Ch, 195 SCRA 438) ‘The act smacks of wolaton of due precess. "A lenyer shal not Lnderiake a legal sence where he knows er should! know that he snot qualified to render” (Rule 18.0, CPR. 11 he does So,(Ponte aero) Ie-consttutes malpractice or grass misconduct in office which ‘ze grounds for suspansion or sbarment (Secon 27, ule 138 of te Rules of Cu), ca Atty. Monica Santos-Cruz registered the firm name "Santos: Cruz Law Offico” with the Department of Trade ‘end Thdustry as a single proprietorship. in her stationery, she printed the names of her husband and a friend who are both non-lawyars 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 Code of Professional Responsibility? Why? (2%) ANS: Yes. A lanyer who allows 2 non-memter of the Bar to misrepresent himself as a lauyer and to pretce of os gully of violating rules anon 8. A lawyer shall not dey o Increcty assitinthe urate pasion” Rule 901. A lawyer shal nat delegate to any unauthorized psn te aertormancs of ty sk Meh Bf law may ony ba performed by a"memon ete ber fh good stan” (Cambs Cte, 34 SERA, 238 2004), Practice of law is not 2 matter of right, but a mere Privlege burdened with conditions (Lee v. Atty, Tambogo, A. enasatcan mes ° No. 5281, February 32, 2008). Only 2 person cay acted as 2 ‘member ofthe bar or hereafter acitted as such in accardance vith the provslons of the Rules of Cour, and who is of good standing is ented to practice of aw (Se. 1, Rule 138, Rules of Court). The purpose Isto protect the publi, the court and ihe lent and the bar fom the incompetence o° dishonesty of those unicensed to practice law and not subject to the ‘Ascitnary control of te court (Phil. Ass. cf Fre Labor Union, al. ¥v. Biabegan, Isabela Sugar Co,, etal, 42 SCRA 302 (s7ap. vi Atty. Candido commented in a newspaper that the decision of the Court of Appeals was influenced by 2 powerful relative of the prevailing party. The appellate court found him guilty of indirect contempt. Does this involve moral turpitude? Explain. (3%) ANS: No. Moral turpitude means everthing whieh Is done contrary to juste, modesty, or good morals, an act of baseness,vleness or depravity n te private and socal dues which a man ones his felonmen, of to sosety in gore enary to justice, modesty or good morals" (Soanov. Oc, +480 SCRA 1 [2006]). Based on this defini, ft would appear that the published comment of Ay. Cindido does not constete “more turpitude” athough contemptuous. The ect ‘embarrassed the administrative of Justice (People v. Cast, orl 23,1962).STU CC CCC C UC CUTS UCU SOUT TOU UTES va For services to be rendlared by Atty. Delmonico as ‘counsel for Wag Yu in a case Involving 5,000 square meters (sq. m. of land, the two agreed on a success fee (0f P50,000 plus 500 sq, m. of the land, ‘The trial court rendered judgment in favor of Wag ‘Yu which became final and executory After receiving P50,000, Atty. Delmonico demanded the transfer to him of the promised 500 #9, m. Instead of complying, Wag Yu filed an administrative complaint charging Atty. Delmonico with violation of the Code of Professional Responsibility and Article 1491(5) of the Civil Code for demanding the delivery ofa portion ofthe land subject of litigation. Is Atty. Delmonico table under the Code of Professional Responsibility and the Civil Code? Explain, (5%) ANS: Ho. ty, Oelmonica i nat guly of Vain the Code of Professional Responslty ané the Chil Cade considering that he and is cent agreed on a succes fee of PS0,0000 plus 500 sq of the land nvohed in the case that he was handling, This is contingent fee contact which salamed under Canon 20, Rue 20.01 of the Code of Profesional Responsibity and CCanon 13 of the Code of Professions! Ethics. The peties are bound to comply with the terms and condions of ther greement pursuant tothe prince of matualty of contracts, Peeters A ctingent fee agreement does nat vilats Art, 1481 of the Gi Code, because the transfer or assignment of the propery In tigation takes eect only afer the finay of 8 ‘favorable judgment (Orector of Lands v. babe, 88 SCRA 513 (1978), What is athored and proved by the law is the aozulstion of propriety ofthe cent, subject of tigation during the pendency of Itgstion. It I founded on public policy to prevent the lavyer ffem taking undue adventage exerting Uupdueintuence ypon his cent * 15 the defense of Atty. R na disbarment complaint for immorality filed by his paramour P that Pisin gar! delicto material or a ground for exoneration? Explain. @%) ANS: No. The defense of In par’ doit Is immaterial in an administrative case which Is suf generis. The administrate ‘casei about the lawyer's conduct, rot the woman's (Mat ‘Aspiras, 100 Phi. 586 [1956]; Po Cham v. Pzarro, 467 SORA [2008}; Majore F. Samaniego. Aty. Andrew V. Ferrer, S55 SCRA 1 (2008) x Allison hired Atty. Xas his counsel in his complaint for Collection of Sum of Money. Upon receipt on March 20, 2009 ofthe Notice of Pre-Trial which was scheduled fon May 24, 2008, Allison noted that at that time he Would still be In a two-week conference in StPetersburg. He thus asked Atty. X to represent him during the pre-trial Prepare the necessary document that Atty. X should submit to the court to enable him to represent Allison during Pre-Trial. (5%) aN SPECIAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: THAT, 1 ALLISON, of legal age ard a resident of Binan (ty, Lagura rave named, appointed and contiatec Ay, Joseph Gal, of legal aga and resident of nan Cy, Lagune, to be my tre and lawful sttomey-in-ac, for me aed in my name, pace and stead, to do or perform acy or all of the folowing acs and deeds, ow To reprasont me at the pre-tial of the case entiled ALLISON vs. Sen Miguel Corp, vi Case No, 12345 ofthe Regional Tal Cout of Bian Cty, Laguna, on June 26,2010 or ny postponement therec, with ful authary to consider end ecde on those matters covered by Section 2, Rue 18 of the 1997 Rules of Cul Pracecur, HEREBY GIVING AND GRANTING unto my seid Attomey JnFect full power and authority whatsoever necessary, proper for convenient as T might or could lawfully . What is the method of national inquity into the conduct of Supreme Court magistrates?69) (8) Administrative investigation, (©) Disqualification (© Impeachment, (0) Disharment. ANS: (C)_ Impeachment. Under the Consttuton, the folowing offers may be remove by Impeschment x x x @) Chet Juste and Associate Dustces of the Supreme Cour (Se. 2, Artie DX, Consittion). The folowing ae the eround for Impescrment: (1) capable violation ofthe Consitition; (2) teason; () bribery (4) gree and caruption; (5) other high cies; (6) Deteya of pusic trust (Sec. 2, Ar. XI, Constitution} What unheaithy attitude of mind should 2 judge avoid falling into? (#) Hearing dnd adjudicating cases is an Important job. (©) Courts are made fr litigants. (© Litigants are made forthe courts, (©) Courts should dispose of their eases on ANS: (C) Uigats are made forthe courts means that fs the duty ofboth counsel and jue to rmairaia not to destoy, te high esteem and reget for Courts. Any act onthe part of ene or the othe that reds to undermine the people's respec for, and eanidenc in the administration of justice to be avoided, And th, even if both may have to retain pride from taking the batter part of thalr system. (Lugue vs Kayanan, 29 SCRA 173), The relations of jucge and lawyer should be founded on mutual respect and on a deeo appreciation by one ofthe duties ofthe othe. (Romero vs, Val, 347 SCRA 197; Assistant Special Prosecutor IIL Roharmis J Jamsent-Rodriguez vs. Hon, Gregory Ong, eal, A.M, Na (0619-584, August 24, 2010), (07) After heating In a sensational criminal case, counsel for the accused told television viewers hhow the judge unfairly ruled to stop his witness from testifying fully about cortain azpacts of the fase that would help the accused. Counsel said that the public should know the injustice to wich his client vias being subjected. Can counsel be dlisiplined for hie utterances? (8) Yes; because rather than defend the Judicial system as was his duty, he attacked It. (®) No since counsel did not use obscene (©) No, so tona 2s counsel did not knowinaly ‘make false statements or act in reckless sisregard of truth, (©) Yes, even ifthe judge may have actualy ‘made unfair rulings in the course of trial. {ANS: (C) No 50 longa counsel did not knoningy make fate statements or actin reckless daregad of truth. Alanyer shall rot, in fis professional des ings, use Tanguage which Is abusive, effenswe or othemise Improper (Canen 8, Rule 801, Code of Professional Responsibity) (8), Which ofthe following is required of counsel when withdrawing his services to a client in a case? () Counsat’s desire to withdraw, expressed Inis motion. (©) Payment of withdrawal fe, (© Opposing counsel's conformity to the withdrawal (0) Glient’s written consent fled in court ‘1s: (0) Chen's writen cons fein cout: “The const Is necessary because the relationship of a lawyer and a lent based on contact and the consent ofa cient to the witharaval ofa lawyer has the eet of terminating such relatonship. If the chant does rot consent, the contact stl subsists. Whether or not @ lawyer Ras a valid cause for withorowal rom a case, he cannot just do $0 and leave the clent in the cod unprotected. An ettomey may only rere from a case ter by written consent of his cent or by emission of the cour after due note and hearing in which evectt lawyer should sae to it thet the new counel recorded in the case (Sautocov. Ay, Luna Avance, AC No, £384, December 11, 2003; Chang v, Atty. ese Hidalgo, AC. No. 6936, Ari 6, 2036, teonen, J. (63) Which of the following demonstrates the lawyer's Coy duty to eve the court tha respect it deserves? (®) Counsel consistently appearing in court con time, (©) Counsel_obeyina court's orders_and processes, (©) Woman counsel appearing in dressed in business attire, court © Counsel addressing the court as "Your Honor” at ll times. ANS: (B) Counsel obeying court's orders and processes “The layer’ fist and foremost ty is tothe court, He s uty bound ta comply uth the lawful orders of the cours, “The reason is that the atomey is an offee of the court because his main mission Is to astist te cour in adniistering Justice, A lenyer as an ofcer of the court bas the duty t be truthful inal his dealings, (Femander vs ay. Angelica P. De RaresVliion, A. No, 7084, February 27,2008) ‘Atty, Arthur agreed to represent Patrick in a Personal injury case after the latter signed 2 retainer agreement for @ 33% fea contingent on their winning the case. In the course of ‘tial Patrick dismissed Atty. Arthur after he presented their evidence in chief and engaged Atty. Winston another lawyer. They lost the case, What fee Would Atty. Arthur be entitled to? SUTTTSTTTT TTY« ) Thirty three percent of the fee actualy pald to Winston (8) The reasonable value of his services. ) A flat hourly rate for the time he invested in the case. (0) Absolutely nating, ANS: (0) Absolutely ncthing because payment of tttorney's fees based on contingency depends pen the success of the cote, & contingent convact lean oreerent whereby the fee, usualy fies percentage of what may be recovered is made to depanc on the sucess ofthe acon. Ronnie, a paralegal in a law firm, helped Beth in a property dispute in which she was involved by diving her legal advice and preparing a complaint ‘that she eventualy filed in court under her own signature. When the lawyer for the defendant learned of It, he told Ronnie to desist from practicing law But he disputed this, claiming that he had not practiced law since he did not receive ‘compensation from Beth for his help. Is Ronnie () Yes; because he could as 2 paralegal provide competent legal help to litigants, (©) Yes, for s0 fong as he did not sign the ‘complaint or appeared as Beth's lawyer. (©) No, unless Beth was ill-advised in fling thor complaint in court, ‘Fon re Pasr 10 Years) td (©) No, because receipt of compensation is hnot_the sole_daterminant of legal bradice, ANS: (0) No, because receipt of compensation is rot the sefe determinant of ea! pacts, Practice of law under modem condos consists in no small part of work performed outside of any court and having no immediate relation to proceedings In cout. It embraces conveyancing, the ghing of lege advice on @ large variety of subjects, andthe preperation and) execution of eca instruments covering an extensive feld of business and trust relations and other ears, although these trensecons may have no direct connection with court proceedings, they are alays suber: to become: Involved in the Wigation. They cequire In any aspect 8 high degree of leva ski. (Moran, Comments on the Rules of Court, Vol 3 (1952 ea], 00. 655-566). maya be ae that: ‘One may ba 2 practeng atornay in flowing any ne of exployment nthe profession hat Ne ows eats koonfecze ofthe iw ane ie tng sua for attorneys engaging Inthe ave proce of thar professin, and he folons acme, ene or note lines & enploymere such or this he Gs praia tttomey a aw win the meaning ofthe eae (Barve, Carel, 155 nW 312; Coyetno v. Hono, 201 SGA HO ot Liman Coby oF ScRA 3, Leone). (42) Which ofthe following characteristics pertains te a charging lien?a) (&) cannot attach to delivery of ral estates. judgments for (IF involves documents placed in the lawyer's possession by reason of the retainer (©) Iedoes not need any notice to the dient ‘10 make it effective. (0) Tt may be exercised before judgment oF execution. ‘NS: (A) cannat attach to Jusgments for delivery of A charging len, to be enforoeable as security for the payment of attomey’s fees, requires as a condition sine (gua non a judgment secure in te main action by the attomey in favor of hs clent. Its not ofthe nature which ttaches tothe property in gation, but at mast 2 personal claim enforeeable by 2 wrt of execution, Te presupposes that the attorney has secured 2 favourable ‘money judgment for his cient. A charging ten i dea ‘ny to money judgments and otto jucgments for tre annulment ofa conzact ar for desivery of reel prozey, (Metropolitan Bank and Trust Company vs. CA, 181 SCRA 367, January 23, 1950, To whom may the Supreme Court refer complaints against lawyers for investigation? (8) Integrated Bar of the Philippines. (6) Office ofthe Bar Confidant. (©) Judicial and Bar Counci (©) Otfce of the Court Administrator, ANS: (8) Interated Bar ofthe Piooines. Proceedings fr the dsbarment of members ofthe bar ‘22 notin any sense cil actions where there fa plantit ‘2nd the respondent isthe defendant, The eroceedngs are sul generis Disciplinary raceedings Invove 70 private interest and afford no redress for private evence. They sre undertaken for the purpose of preserng cours of justin from the ofl miitetion Of persons unfit to practice. The attomey is caled to answer tothe cout for his concuct as an ofcr of the court. The cemplainant or the person who called the atention of the cour to the atorey’s aleged misconduct i n no sense a party, and hes generaty 90 interest in the outcome excet as all good ctizens may have In the proper administration of justice. (Os Vera vs Pineda, 213 SCRA 434, Sestonbar 2, 1992, cting Tajan vs Hon. Vcerte Cui r, 57 SORA 154, May 30, 1974; Uy vs, Gonzales, 426 SCRA 422 (2008); vitug vs Rongeal, AC. Ne. 6313, September 7, 2005; Martess Freeman vs. Atty. Zeraléa ®. Reyes, AC. No, S234 November 15, 2014; ty. Pedro Aguine v. Ay. Cs Reyes, AC. No. 4355, January 8, 2020, Larosa, 3) After several years as a private practitioner, Ben ‘got appointed as Regional Trial Court judge, Five ‘years after his appointment, he received summons directing him to answer a disbarment complaint that pertained to a document he notarized more TOUTSthan 10 years ago from appointment date, He sought the dismissal ofthe complaint arguing that the cause of action has prescribed, Must the complaint be dismissed? (8) No, because such complaints donot prescribe. (@) Yes, because the complaint creates a chiling effect on judicial independence. (©) No but the complaint should be veritied tw ensure transparency. (©) Yes, because actions on contracts preseribe in 20 years. ANS: (A) No, bocause such complbints donot prescribe. The qulfiation of good moral characteris a require ment which Is not dspensed wth upon admission to membership of the ba. This qualification Is not only @ condition precedent to admission tothe legal profession, but ts continued possession is essential to mentain one's ‘20 standing In the profession, It is @ continuing Feauirement tothe practice of law and therefore doesnot Preclde = subsequent juckial inqury, upon proper foment Into any question concaning Gow metal of moral fitness befoe he became a lanyer. This becouse his adnisson to practice merely creates a rebu Presumption that he has al the qualitations to become a lawyer. Possession of goad moral characteris not say 2 prerequisite to admission to the bar but ato» a5) cetinuing requrement to the pratice of aw. (Heck vs. Santo, 423 SCRA 329 (2004), (On November 28 Atty. Patrick wrote in a news: paper column that the Supreme Court already decided in favor of the validity of the Executive Order that created the Truth Commission upon vote of 13-2. But, as it turned out, the Court actually rendered an adverse decision only on December 7, and upon a vote of 10-5. Asked to explain his misleading article, Patrick said that his constitutionally protected right to free expression ‘covered what he wrote, Can the Court cite Patrick for contempt? ® Yes, because his article obstructs and degrades the administration of justice. (®) No, because the right to free expression ‘ccupies a high rank in the hierarchy of cherished rights. (© No, because courts must simply ignore public opinion and the media when rendering decislons. Yes, because he wrote a lie in his column, © 0S: (A) Yes, because bis art (Be adminisvaton of ste obstructs and degrades The Supreme Court may hold anyone to answer fo lterences offensive to ts da which tend t> put in lsrepute, obstect theonce bse te veoh sdminration of juste, or terfer withthe eepostion of is business or the parformance ef ts functions in an crcery manner. He cannot say that he was sled out. He nen to sencions as a Jouralist who has mused and abused pres freedom to put the Jucléary in clear and preset danger of clsrepute and of public ocium and ‘ppcobrium, to the deviment and oreluace of the tamination of justice. That hei atte same tine, 2 ‘member ofthe Bar has nothing to co with the seting in of those sencons, although & may acararate lity (in Re: Emi Jurado, 243 SCRA 299, Adm. Matter No, $3-2- 037-50) Freedom of exoession, the rcht of spesch and of the presi, tobe sure, among the most zealously protected Fights In the Constitution. But every person exercising it is as the Cl Code rests, obliged "to act with justice, ‘ve everyone hs due, and observe honesty and good faith.” The consttuonal right of freedom cf expression may not be avaied of to broadcast les or halts — this woule noe Be "to ebserveMonesty and good eth it ray not be used to insult others, desvay tele name o reputation or bring them into esrepute — this woud not be" at ith ustes* or “ave everyone his du.” ‘though honest utterances, even If Inaccurate, may ‘orter the fruiful exercise ofthe right of fee see, it oes nat follow that a li, knowingly and ceiberatsy published about a pubic offal, should enjoy innit. | kconingy false saterent made with reckless disregard of the tut, doesnot enjoy constitutional protest, for the use of calculated fsehood wouls puta efferent cast 9) (Pore paar i0 Yea on the constuvonal queston ef protection ofthe writer (Ur Re: Emil race, 243 SCRA 299, Adm, Matter No. 33. 2087-5), Atty, Ramon borrowed his client's (Menchu) land title After eight months, Menchu demanded its return but he falled to comply and changed his residence. After Menchu tracked him down, she ‘confronted him about the title, He then offered to Just buy the property and gave her five checks for it but these bounced. Charged with malpractice, Atty, Ramon answered that his license to practice Jaw cannot be in issue. He merely incurred civil Hiablity for a falled transaction, Will the me practice action prosper? ( No, because is failure to pay his ‘obligation only makes him civilly lable (®) No, since Menchu did not transact business with Atty. Ramon asa lawyer (©) Yes, because It is professionally repro- hhensible for a lawyer to be unavailable toa person in need, (©) Yes._he having taken advantage of id hhad.no independent advice. ANS: (D) Yes, he having taken advantage of Menchu who was ot fly protected and had no independent acca ‘ty. Ramon vilated the Rules that 2 count forall money or propery calcda for of frm the cant (Rule 16.01) andthe Rule that 2 launper sal ceiver te furs or property of his lt us cr ugen demand (Rule 16.02, Canon 16, Cade of Profesional Responsibly). The conduct of Atty. Remon ‘shows ris unttness for the confidence and trust repens in im or showing such eck of persoral honesty or good mera character at to fences hin unworthy of public famvidence, a ground for disbarment (Nevarov Meneses, 285 SCRA 586; Punla v. Ay. Maravila-Ona, GR No, 1114, August 5, 2017). Atty. Alfredo Prado appeared in a case as legal officer of the Land Registration Authority (LRA). His opponent, Atty. Armando, knew an Atty. Alfredo Prado from his province who had been ‘dead for years. When Atty. Armando checked with ‘the Supreme Court, only one Alfredo Prado was in ‘the rll of attorneys. What action can Atty. Armado take against Vicente who had taken a dead layers identity? (@) File direct contempt action against Vicente for deceiving the court. ©) Criminally prosecute Vicente for estata ‘for making money upon false oretense, (© Griminalty prosecute Vicente for theft of Alfredo's identity and law practice, Institute a disbarment case against Vicente for misrepresenting himself as lawyer. o a) (Ponriebver 0 Yo) ANS: (8) Crninaliy prosecute Vicente for estate for making money upon false pretense lawyer shal nt do ny falsehood nor consent to the doing of any in courts ihe mises orto aw the cour tobe misled by {Rule 10.01, Caron 10, Cade of Professional Responstity). In fecy not bang 2 lanyer, he cannot practic lew. After the prosecution cross-examined Shiela, a witness for the accused, Judge Pedro asked her ‘ten additional questions that were sa intense they madle her cry. One question foreed Sheila ta admit that her mother was living with another man, a fact that weighed on the case of the accused. This prompted the latter's counsel to move to expunge: the judge's questions for building on the prosecution's case. Judge Pedro denied the ‘motion, Insisting that bolstering a party's case is Incidental to the court's desire to be clarified. Did Pedro commit an impropriety? (8) No, his ten questions could not be considered an undue intervention. (©) No, because the judge Is free to inquire into any aspect of the case that would Clarify the evidence for him. (© Yes, because be fatvaly derived the efense ofits right to due process when ‘neacted both as prosecutor and judae.) (0) Yes, because nothing connects his desire to be clarified with the questions he asked. ANS: (C) Yes, because he effecively deprived the tense ofits right to ue process when he acted both as prosector ard jue. 1 judge may intervene during. the presentation of e Feeder to expedite and prevent unnecessary of time. (Domanicas vs, Ct, 122 SCRA 218). He Tay Intervene to propound. lriteatory questions. (People vs. Mut, 117 SCRA 696). He shoul, however Tit himset ony to aretory questions and not to ele searching questions ater the witness had given Greet testimony, (Valdez vs. Aulizan, 153 SCRA 150). 5 act should be done sparinaly end. not throughout the procescngs Administrative penalties imposed on judges are (8) curative, (©) punitive, (©) corrective. ©) bot and comectv ANS: (D) bath puntve and corectiv, ‘The retirement of 2 judge or any jucclofcer from the does not precude the finding cf any admin: ‘sratvelablty to when he shall sll be enawecabe: In Gallo vs. Conder, 6t SCAD 956, 245 SCRA 219, twas ey Pastas toe = sald that since the court had this jureicton at the tie of the fling ofthe adrinstratve compat wes not lost by the mere fect thatthe respendent publ ofl hed ‘ezsed in offce during the pendency of his case. The Cour retains ts jurisdiction either to pronaunce_ the respondent ofl innecet ofthe charges or decore nn uily thereof. & contrary rule would be fraught vith Injustice and pregnant with oreacful and dangerous impleations. 1 imocent, respondent oficial mers vind. cation fis reme and inegnty 35 he leaves. the government which he has served well and fathfuly ‘uity, he deserves to receve the coresaoncing cenvire {and 3 penalty proper and imposable under the stuaton (ila Macases, eta. vs. Judge Fausto H. Imbing, A No, RT1-99-1470, August 16, 199; In Re: Undated Letter Of Mr. Lous C. Breogo, v. Nogralss ane Limkaicong, GR. No, 179120, Aogust 13,2008) Which of the following demonstrates lawyer's fidelity to known practices and customs of the bar regarding a case he is handling? (4) Treating his client's disclosures as Confidential but not the documents he submits for review. Mesting with his client's opponent over lunch to. discuss settlement without 1 his cient, (©) Accepting a toush ease al a ‘new_in_practicn, trusting thet his siligence_would_make up for lack of experience, ® Uyee