2010 Legal Ethics and Practical Exercises Bar Questions

2010 LEGAL ETHICS AND PRACTICAL EXERCISES BAR QUESTIONS PART I I Prepare the following: a.Verification and Certification against Forum Shopping. (5%) b. Petition for etters !ogator". (5%) II #numerate the instances when a $otar" Public ma" authenticate documents without re%uiring the ph"sical presence of the signatories. (&%) III 'tt". () in his *otion for !econsideration of the +ecision rendered b" the $ational abor !elations Commission ($ !C)) alleged that there was conni,ance of the $ !C Commissioners with 'tt". - for monetar" considerations in arri,ing at the %uestioned +ecision. .e insulted the Commissioners for their ineptness in appreciating the facts as borne b" the e,idence presented. 'tt". files an administrati,e complaint against 'tt". ( for using abusi,e language. 'tt". ( posits that as law"er for the down/trodden laborers) he is entitled to e0press his righteous anger against the Commissioners for ha,ing cheated them1 that his allegations in the *otion for !econsideration are absolutel" pri,ileged1 and that proscription against the use of abusi,e language does not co,er pleadings filed with the $ !C) as it is not a court) nor are an" of its Commissioners 2ustices or 2udges. 3s 'tt". ( administrati,el" liable under the Code of Professional !esponsibilit"4 #0plain. (5%) IV 'tt". -- rented a house of his cousin 22 on a month/tomonth basis. .e left for a 6/month stud" in 2apan without pa"ing his rentals and electric bills while he was awa" despite 227s repeated demands. 8pon his return to the Philippines) 'tt". -- still failed to settle his rental arrearages and electric bills) drawing 22 to file an administrati,e complaint against 'tt". --. 'tt". -- contended that his non/pa"ment of rentals and bills to his cousin is a personal matter which has no bearing on his profession as a law"er and) therefore) he did not ,iolate the Code of Professional !esponsibilit". a. 3s 'tt". --7s contention in order4 #0plain. (5%) b. Cite two (&) specific !ules in the Code of Professional !esponsibilit") ,iolation of which sub9ects a law"er to disciplinar" action b" the Supreme Court although the acts complained of are purel" personal or pri,ate acti,ities that do not in,ol,e the practice of law. (&%) V :hen is professional incompetence a ground for disbarment under the !ules of Court4 #0plain. (5%) 1 VI 'tt". *onica Santos/Cru; registered the firm name <Santos/ Cru; aw =ffice> with the +epartment of ?rade and 3ndustr" as a single proprietorship. 3n her stationer") she printed the names of her husband and a friend who are both non/ law"ers as her senior partners in light of their in,estments in the firm. She allowed her husband to gi,e out calling cards bearing his name as senior partner of the firm and to appear in courts to mo,e for postponements. +id 'tt". Santos/Cru; ,iolate the Code of Professional !esponsibilit"4 :h"4 (5%) VII 'tt". Candido commented in a newspaper that the decision of the Court of 'ppeals was influenced b" a powerful relati,e of the pre,ailing part". ?he appellate court found him guilt" of indirect contempt. +oes this in,ol,e moral turpitude4 #0plain. (5%) VIII For ser,ices to be rendered b" 'tt". +elmonico as counsel for :ag (u in a case in,ol,ing 5)@@@ s%uare meters (s%.m.) of land) the two agreed on a success fee of P5@)@@@ plus 5@@ s%.m. of the land. ?he trial court rendered 9udgment in fa,or of :ag (u which became final and e0ecutor". 'fter recei,ing P5@)@@@) 'tt". +elmonico demanded the transfer to him of the promised 5@@ s%.m. 3nstead of compl"ing) :ag (u filed an administrati,e complaint charging 'tt". +elmonico with ,iolation of the Code of Professional !esponsibilit" and 'rticle ABCA(5) of the Ci,il Code for demanding the deli,er" of a portion of the land sub9ect of litigation. 3s 'tt". +elmonico liable under the Code of Professional !esponsibilit" and the Ci,il Code4 #0plain. (5%) IX 3s the defense of 'tt". ! in a disbarment complaint for immoralit" filed b" his paramour P that P is in pari delicto material or a ground for e0oneration4 #0plain. (5%) X 'llison hired 'tt". - as his counsel in his complaint for Collection of Sum of *one". 8pon receipt on *arch &@) &@@C of the $otice of Pre/?rial which was scheduled on *a" &B) &@@C) 'llison noted that at that time he would still be in a two/weeD conference in St. Petersburg. .e thus asDed 'tt". - to represent him during the pre/trial. Prepare the necessar" document that 'tt". - should submit to the court to enable him to represent 'llison during Pre/?rial. (5%) 2 XI 'fter passing the Philippine Ear in ACF6) 'tt". !ichards practiced law until ACC6 when he migrated to 'ustralia where he subse%uentl" became an 'ustralian citi;en in &@@@. 's he Dept abreast of legal de,elopments) petitioner learned about the Citi;enship !etention and !e/'c%uisition 'ct of &@@5 (!epublic 'ct $o. C&&5)) pursuant to which he reac%uired his Philippine citi;enship in &@@6. .e tooD his oath of allegiance as a Filipino citi;en at the Philippine embass" in Canberra) 'ustralia. 2aded b" the laid bacD life in the outbacD) he returned to the Philippines in +ecember &@@F. 'fter the holida"s) he established his own law office and resumed his practice of law. *onths later) a concerned woman who had secured copies of 'tt". !ichards7 naturali;ation papers with consular authentication) filed with the Supreme Court an anon"mous complaint against himG for illegal practice of law. a. *a" the Supreme Court act upon the complaint filed b" an anon"mous person4 :h" or wh" not4 (5%) b. 3s respondent entitled to resume the practice of law4 #0plain. (5%) PART II XII !ebecca7s complaint was raffled to the sala of 2udge '. !ebecca is a daughter of 2udge '7s wife b" a pre,ious marriage. ?his is Dnown to the defendant who does not) howe,er) file a motion to inhibit the 2udge. 3s the 2udge 9ustified in not inhibiting himself from the case4 (5%) XIII !eacting to newspaper articles and ,erbal complaints on alleged rampant sale of ?emporar" !estraining =rders b" 2udge -) the Supreme Court ordered the conduct of a discreet in,estigation b" the =ffice of the Court 'dministrator. 2udges in the place where 2udge - is assigned confirmed the complaints. a. :hat administrati,e chargeHs ma" be le,eled against 2udge -4 #0plain. (5%) b. :hat defenseHs can 2udge - raise in a,oidance of an" liabilit"4 (&%) XIV Farida engaged the ser,ices of 'tt". Iarudo to represent her in a complaint for damages. ?he two agreed that all e0penses incurred in connection with the case would first be shouldered b" 'tt". Iarudo and he would be paid for his legal ser,ices and reimbursed for all e0penses which he had ad,anced out of whate,er Farida ma" recei,e upon the termination of the case. :hat Dind of contract is this4 (&%) 3 XV !ico) an amiable) sociable law"er) owns a share in *arina Iolf Club) easil" one of the more posh golf courses. .e relishes hosting parties for go,ernment officials and members of the bench. =ne da") he had a chance meeting with a 9udge in the 3ntramuros golf course. ?he two readil" got along well and had since been regularl" pla"ing golf together at the *arina Iolf Club. a. 3f 'tt". !ico does not discuss cases with members of the bench during parties and golf games) is he ,iolating the Code of Professional !esponsibilit"4 #0plain. (5%) b. .ow about the members of the bench who grace the parties of !ico) are the" ,iolating the Code of 2udicial Conduct4 #0plain. (5%) XVI 2udge is assigned in ?urtle Pro,ince. .is brother ran for Io,ernor in !abbit Pro,ince. +uring the election period this "ear) 2udge tooD a lea,e of absence to help his brother conceptuali;e the campaign strateg". .e e,en contributed a modest amount to the campaign Ditt" and hosted lunches and dinners. +id 2udge incur administrati,e andHor criminal liabilit"4 #0plain. (5%) XVII 2udge - was in,ited to be a guest speaDer during the annual con,ention of a pri,ate organi;ation which was co,ered b" media. Since he was gi,en the libert" to speaD on an" topic) he discussed the recent decision of the Supreme Court declaring that the President is not) under the Constitution) proscribed from appointing a Chief 2ustice within two months before the election. 3n his speech) the 9udge demurred to the Supreme Court decision and e,en stressed that the decision is a serious ,iolation of the Constitution. a. +id 2udge - incur an" administrati,e liabilit"4 #0plain. (5%) b. 3f instead of ,entilating his opinion before the pri,ate organi;ation) 2udge - incorporated it) as an obiter dictum, in one of his decisions) did he incur an" administrati,e liabilit"4 #0plain. (5%) XVIII a. +raft the accusator" portion of an 3nformation for !'P# of a A5/"ear old child committed b" her maternal uncle in broad da"light at the bacD of a church. (5%) b. +raft a Petition for the 3ssuance of a :rit of Habeas Data. (5%) c. +raft a Petition for Eail. (5%) 4 XIX 2udges of the first and second le,el courts are allowed to recei,e assistance from the local go,ernment units where the" are stationed. ?he assistance could be in the form of e%uipment or allowance. 2ustices at the Court of 'ppeals in the regional stations in the Visa"as and *indanao are not necessaril" residents there) hence) the" incur additional e0penses for their accommodations. Pass on the propriet" of the 2ustices7 receipt of assistanceHallowance from the local go,ernments. (5%) XX 'rabella filed a complaint for disbarment against her estranged husband 'tt". P on the ground of immoralit" and use of illegal drugs. 'fter 'rabella presented e,idence and rested her case before the 3n,estigating Commissioner of the 3EP Committee on Ear +iscipline) she filed an 'ffida,it of +esistance and motion to dismiss the complaint) she and her husband ha,ing reconciled for the saDe of their children. (ou are the 3n,estigating Commissioner of the 3EP. Eearing in mind that the famil" is a social institution which the State is dut"/bound to preser,e) what will be "our action on 'rabella7s motion to dismiss the complaint4 (5%) XXI =n the proposal of 2udge I) which was accepted) he and his famil" donated a lot to the cit" of I"o;a on the condition that a public transport terminal would be constructed thereon. ?he donation was accepted and the condition was complied with. ?he famil"/owned tracts of land in the ,icinit" of the donated lot suddenl" appreciated in ,alue and became commerciall" ,iable as in fact a restaurant and a hotel were soon after built. +id the 2udge commit an" ,iolation of the Code of 2udicial Conduct4 (&%) XXII ' retired member of the 2udiciar" is now engaged in pri,ate practice. 3n attending hearings) he uses his car bearing his protocol plate which was issued to him while still in the ser,ice. Pass on the ethical aspect of the 9udge7s use of the protocol plate. (&%) NOTHING FOLLOWS. 5