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2010 Legal Ethics And Practical Exercises Bar Questions

BAR QUESTIONS

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2010 LEGAL ETHICS AND PRACTICAL EXERCISES B AR QUESTIONS PART I I Prepare the following: a. Verification Verification and and Certificatio Certification n against against Forum Forum Shopping Shopping.. (5%) b. Petitio Petition n for etters etters !oga !ogator" tor".. (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 !econsideration of the +ecision +ecision rendered rendered b" the $ati $ation onal al abo aborr !ela !elati tion ons s Comm Commis issi sion on ($! ($!C) C) alle allege ged d that that ther there e was 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 ineptness in appreciating appreciating the facts as borne b" the e,idence e,idence presented. presented. 'tt". files an administrati,e complaint against 'tt".  for using abusi,e language.  'tt".  posits that as law"er law"er for the down/trodden 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 that prosc proscrip riptio tion n agai against nst the use of abusi abusi,e ,e langu languag age e does does not not co,er co,er plea pleadi ding ngs s file filed d with ith the the $!C $!C as it is not not a cour court t nor nor are are an" of its its Commissioners Commissioners 2ustices or 2udges. 2udges. 3s 'tt".  administrati,el" administrati,el" liable under under the Code of Professional !esponsibilit"4 #0plain. (%) 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 despite 227s repeated repeated demands. 8pon his return return to the Philippines Philippines 'tt". -- still failed to settle his rental arrearages arrearages and electric bills drawing drawing 22 to file an administrati,e complaint against 'tt". --.  'tt". -- contended contended that his non/pa"ment non/pa"ment of rentals and bills to his cousin is a perso personal nal matte matterr which which has has no beari bearing ng on his his profe profess ssion ion as a law"e law"err and and therefore he did not ,iolate the Code of Professional !esponsibilit". a. 3s 'tt". 'tt". --7s --7s contenti contention on in order4 order4 #0plai #0plain. n. (%) (%) b. Cite Cite two two (&) specifi specific c !ules !ules in the the Code Code of Profe Professi ssion onal al !espons !esponsibi ibilit lit" " ,iolation of which sub9ects a law"er to disciplinar" action b" the Supreme Court Court altho althoug ugh h the the acts acts compl complain ained ed of are purel" purel" perso persona nall or pri,a pri,ate te 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. (%) 1 VI  'tt". *onica Santos/Cru; Santos/Cru; registered registered the firm name 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"e law"ers rs as her her senio seniorr partn partner ers s in light light of their their in,e in,estm stmen ents ts in the the firm. firm. She 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 (%) VII  'tt". Candido Candido commented commented in a newspaper newspaper that the decision decision of the Court of  'ppeals was influenced influenced b" a powerful powerful relati,e of the pre,ailing pre,ailing part". ?he appellate court found him guilt" of indirect contempt. +oes this in,ol,e moral turpitude4 #0plain. (%) 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 [email protected]@@@ plus [email protected]@ s.m. of the land. ?he trial court rendered 9udgment in fa,or of ag u which became final and e0ecutor". e0ecutor". 'fter recei,ing recei,ing [email protected]@@@ [email protected]@@@ 'tt". +elmonico demanded demanded the transfer to him him of the the prom promis ised ed [email protected]@ s.m s.m.. 3nst 3nstea ead d of compl ompl" "ing ing ag ag u file filed d an administrati,e complaint charging 'tt". +elmonico with ,iolation of the Code of Professional !esponsibilit" and 'rticle ABA(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. (%) X  'llison hired 'tt". - as his counsel in his complaint for Collection Collection of Sum of *one". 8pon receipt on *arch [email protected][email protected]@ of the $otice of Pre/?rial which was scheduled on *a" &B [email protected]@ '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 Philippine Ear in A6 'tt". !ichards practiced law until A6 when he migrated to 'ustralia where he subseuentl" became an 'ustralian citi;en in [email protected]@@. 's he Dept abreast of legal de,elopments petitioner learned about the Citi;enship !etention and !e/'cuisition 'ct of [email protected]@ (!epublic 'ct $o. &&5) pursuant to which he reacuired his Philippine citi;enship in [email protected]@6. e tooD his oath of allegiance as a Filipino citi;en at the Philippine embass" in Canberra Canberra 'ustralia. 2aded b" the laid bacD life in the outbacD he returned to the Philippines in +ecember [email protected]@. '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 upon the complaint complaint filed b" an anon"mous anon"mous person4 h" or wh" not4 (%) b. 3s respondent respondent entitled to resume resume the practice of law4 law4 #0plain. #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 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 (%) XIII !eacting to newspaper articles and ,erbal complaints on alleged rampant sale of ?emporar ?emporar" " !estrain !estraining ing =rders b" 2udge 2udge - the Supreme Supreme Court Court ordere ordered d 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 administrat administrati,e i,e chargeHs chargeHs ma" be le,eled le,eled against against 2udge 2udge -4 #0plain. #0plain. (%) b. hat defenseHs defenseHs can 2udge 2udge - raise in in a,oidance a,oidance of of an" liabilit"4 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 e0penses incurred in connection connection with the case would first be shouldered b" 'tt". Iarudo and he would be paid for his legal ser, ser,ic ices es and and reim reimbu burs rsed ed for for all all e0pe e0pens nses es which hich he had had ad,a ad,anc nced ed out 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 more posh posh golf golf cours courses. es. e relish relishes es host hosting ing part parties ies for go,e go,ern rnmen mentt 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 pla"ing golf together at the *arina Iolf Club. a. 3f 'tt". 'tt". !ico does not discuss discuss cases cases with members members of the bench bench during parties and golf games is he ,iolating the Code of Professional !esponsibilit"4 #0plain. (%) b. ow about about the members members of the bench bench who grace grace the parties of !ico are the" ,iolating the Code of 2udicial Conduct4 #0plain. (%) 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. (%) XVII 2udge - was in,ited to be a guest speaDer during the annual con,ention of a pri,ate organi;ation 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 declar declarin ing g that that the Pres Preside ident nt is not not under under the Const Constitu itutio tion n prosc proscrib ribed ed from 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 2udge - incur incur an" administrati,e administrati,e liabilit"4 liabilit"4 #0plain. #0plain. (%) (%) b. 3f instead instead of ,entilating ,entilating his his opinion opinion before the pri,ate pri,ate organi;ation organi;ation 2udge 2udge - incorporated it as an obiter dictum, in one of his decisions did he incur an" administrati,e liabilit"4 #0plain. (%) XVIII a. +raft the accusator" accusator" portion portion of an 3nformation 3nformation for !'P# !'P# of a A/"ear A/"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 +raft a Pet Petiti ition on for for Eail. Eail. (5%) (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 *indan *indanao ao are are not not nece necessa ssari ril" l" resid resident ents s ther there e hence hence the" the" incur incur addit addition ional al e0penses for their accommodations. Pass on the propriet" of the 2ustices7 receipt of assistanceHallowance from the local go,ernments. (%) XX  'rabella filed a complaint complaint for for disbarment disbarment against against her estranged estranged husband husband 'tt". 'tt". P on the ground of immoralit" and use of illegal drugs.  'fter 'rabella 'rabella presented presented e,idence e,idence and rested her case before the 3n,estigating 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 (%) 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 ?he famil" famil"/ow /owned ned tracts tracts of land land in the ,icin ,icinit" it" of the the dona donated ted lot sudd suddenl enl" " appreciated 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 the 2udiciar" 2udiciar" is now engaged engaged in pri,ate pri,ate practice. practice. 3n attending attending hearings he uses his car bearing his protocol plate which was issued to him while while still in the ser,ice. ser,ice. Pass Pass on the ethical ethical aspect aspect of the 9udge7s 9udge7s use of the protocol plate. (&%) NOTHING FOLLOWS. 5