08 Ethics 2018 SA
08 Ethics 2018 SA
08 Ethics 2018 SA
SUGGESTED ANSWERS
to the
2018 BAR EXAMINATIONS IN
LEGAL ETHICS
The lawyer’s oath is a source of any lawyer’s obligations and its violation
is a ground for the lawyer’s suspension, disbarment, or other disciplinary action.
Without stating your name and other circumstances that will identify you,
substantially write down the lawyer’s oath that a person who has passed the bar
examinations is required to take and subscribe to before the Supreme Court.
(5%)
SUGGESTED ANSWER:
II
In a complaint filed before the Integrated Bar of the Philippines (IBP)
against Atty. Cirilo Celis, a senior citizen, it was shown that: a) he failed to pay
his IBP dues for six (6) years; b) he indicated uniformly in his pleadings for three
(3) consecutive years “IBP Muntinlupa OR No. 12345” as proof of payment of
his IBP fees; and c) he did not indicate any Professional Tax Receipt number. to
prove payment of his professional dues.
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In his defense, Atty. Celis alleged that he is only engaged in a “limited”
law practice, and his principal occupation, as disclosed in his income tax return,
is that of a farmer of a 30-hectare orchard and pineapple farm in Camarines Sur.
He also claimed that he believed in good faith that, as a senior citizen, he was
exempt from payment of taxes, such as income tax, under Republic Act No.
7432 which grants senior citizens “exemption from the payment of individual
income taxes provided that their annual taxable income does not exceed the
poverty level as determined by the NEDA for that year.”
(a) the validity of his claim that, being engaged in a limited practice of
law and being a senior citizen who is exempt from the payment of
taxes, he is not required to pay his IBP and professional dues;
(2.5%)
SUGGESTED ANSWER:
(a) In accordance with Sections 9 and 10, Rule 139-A, Atty. Celis
can engage in the practice of law only by paying his IBP dues,
and it does not matter that his practice is “limited”. While it is
true that R.A. No. 7432, Sec. 4, grants senior citizen exemption
from the payment of individual income taxes provide that their
annual taxable income does not exceed the poverty level as
determined by the National Economic and Development
Authority (NEDA) for that year, the exemption does not include
payment of membership or association dues, which is not a tax
(Santos, Jr. vs. Llamas, 322 SCRA 529 [2000]).
(b) the obligations, if any, under the Rules of Court and the Code of
Professional Responsibility that Atty. Celis may have violated.
(2.5%)
SUGGESTED ANSWER:
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Sec. 10, Rule 139-A, Rules of Court – “Subject to the
provision of Section 12 of this Rule, default in the payment of
annual dues for six months shall warrant suspension of
members in the Integrated Bar, and default in such payment for
one year shall be a ground for removal of the name of the
delinquent member from the Roll of Attorneys.”
III
Carina was dismissed by her employer for breach of trust and confidence,
and for willful violation of company rules and policies. She filed an action for
illegal dismissal claiming that her termination was without legal basis. The Labor
Arbiter found that she was illegally dismissed and awarded her the amount of
PhP 80 million. On appeal to the National Labor Relations Commission (NLRC),
the award was reduced to PhP 40 million as separation pay, plus PhP 5 million
for the value of her stock option plans which would have vested if she were not
illegally dismissed from her job. Unsatisfied with the NLRC’s decision, she
appealed to the Court of Appeals (CA) the amount of monetary award granted by
the NLRC. She engaged the services of Casal, Casos and Associates to handle
her appeal. Her retainer agreement with Casal, Casos and Associates provided
for contingent fees equivalent to 10% of her claim for separation pay and 10% of
the value of stock options to be awarded to her.
The CA decision was not favorable to Carina, so she appealed the same to
the Supreme Court (the Court). While the case was pending appeal with the
Court, Carina entered into a compromise agreement with her employer to
terminate the case upon payment to her of the full amount of PhP 40 million, less
the PhP 15 million previously paid to her by her employer. Before the
compromise agreement was finalized, Carina terminated the services of Casal,
Casos and Associates and asked them to withdraw from the case pending before
the Court. The parties negotiated the compromise agreement without the
participation of their lawyers since the employer imposed the condition that no
lawyers should be involved in the compromise negotiation. She, together with
her employer, then filed the Compromise Agreement for approval by the Court,
and sought the termination of the case, with prejudice.
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attend to her case. In reply, the intervenors said that the engagement was with the
law firm and not with individual lawyers. The law firm also presented letters
signed by their client commending them for work done well in the case.
(a) May lawyers legally charge their clients based on contingent fees?
(2.5%)
SUGGESTED ANSWER:
SUGGESTED ANSWER:
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(c) Can Carina refuse to pay attorneys’ fees on the ground that the
lawyers who personally handled her case had already resigned from
the law firm with which she had contracted? (2.5%)
SUGGESTED ANSWER:
(c) When a client engages a law firm to represent him, his contract
is with a law firm and not with the individual lawyers. The
resignation, illness or inability of some of their lawyers will not
affect the ability of the law firm to continue its services.
Certainly, it cannot be used to evade payment of attorneys’ fees
due to the law firm.
SUGGESTED ANSWER:
(d) If the evidence shows that the employer of Carina imposed the
“no lawyers in the negotiation of the compromise agreement
rule’ because of connivance in evading payment of Carina’s
lawyers, then the defendant employer should be held solidarily
liable in the payment of attorneys’ fees to Carina’s lawyers.
When the other party to the case is also guilty of fraud in the
payment of legal fees, he becomes a joint tortfeasor and should
be held solidarily liable with Carina. By participating in the
fraud, Carina’s employer also becomes liable even if Casals,
Casos and Associates was hired only to represent Carina
(Malvar v. Kraft Foods, G.R. 183952, Sepember 8, 2013).
SUGGESTED ANSWER:
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attorney’s fees, the payment of attorneys’ fees is different from
ordinary obligations and contracts. The Civil Code provisions
on payment of legal rate of interest in the event of default apply
only to ordinary obligations and contracts (Bach v. Ongkiko
Kalaw Manhit and Acorda Law Office, G.R. No. 160334,
Sepember 11, 2006).
IV
SUGGESTED ANSWER:
(a) Yes, he is engaged in the practice of law, which has been defined
as “any activity in or out of court which requires the application
of law, legal procedure, knowledge, training and experience”
(Cayetano v. Monsod, 201 SCRA 210 [1991]). Work in the
government that requires the use of legal knowledge is
considered practice of law (Lingan v. Calubaquib, 727 SCRA 355
[2014], Fajardo v. Alvarez, A.C. No. 9018, April 20, 2016).
Lawyers who teach law are considered engaged in the practice
of law (Re: Letter of the UP Law Faculty, A.M. No. 10-10-4-SC,
March 8, 2011).
SUGGESTED ANSWER:
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requiring practice of law for at least 10 years. There is no
requirement that he should have done actual trial or litigation
work.
Carlos contracted two marriages: the first was with Consuelo, whom he
left in the province, and the second was with Corinne in Manila, with whom he
had six (6) children. Both women were unaware of Carlo’s marriage to the
other.
a) the acts complained of took place before they were admitted to the
bar; and
SUGGESTED ANSWERS:
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fitness of the respondent before he became a lawyer.
Admission to the practice only creates the rebuttable
p resu m p t ion th a t th e ap p l ican t h as al l th e
qualifications to become a lawyer, this may be refuted
by clear and convincing evidence to the contrary even
after admission to the Bar.”
(b) In the same Garrido case, the defense of the second marriage
being void while the third marriage is valid, was also raised. The
Supreme Court held as follows:
“While Atty. Valencia (third wife) contends
that Atty. Garrido’s marriage with Maelotisea
(second wife) was null and void, the fact remains that
(s)he took a man away from a woman who bore him
six (6) children. Ordinary decency would have
required her to ward off Atty. Garrido’s advances, as
he was a married man, in fact a twice-married man
with both marriages subsisting at that time, she
should have said no to Atty. Garrido from the very
start. Instead, she continued her liaison with Atty.
Garrido, driving him, upon the death of Constancia,
away from legitimizing his relationship with
Maelotisea and their children. Worse than this,
because of Atty. Valencia’s presence and willingness,
Atty. Garrido even left his second family and six
children for a third marriage with her. This scenario
smacks of immorality even if viewed outside of the
prism of law.
We are not unmindful of Atty. Valencia’s
expressed belief that Atty. Garrido’s second marriage
to Maelotisea was invalid, hence, she felt free to
marry Atty. Garrido. While this may be correct in
the strict legal sense and was later on confirmed by
the declaration of the nullity of Atty. Garrido’s
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marriage to Maelotisea, we do not believe at all in the
honesty of this expressed belief.”
VI
Mrs. Conchita Conchu engaged the services of Atty. Carlo Colorado to act
as private prosecutor to handle a criminal case against persons suspected of
slaying her husband. Atty. Colorado performed his duties -he interviewed
witnesses to build up his case and rel igiously attended hearings. However, he
failed to attend one hearing (allegedly because he did not receive a notice) in
which the court, over Mrs. Conchu’s objections, granted bail to all the accused.
Mrs. Conchu belligerently confronted Atty. Colorado about his absence. Stung
by Mrs. Conchu’s words, Atty. Colorado filed with the court a “Motion to
Withdraw as Counsel”. The motion did not bear the consent of Mrs. Conchu, as
in fact, Mrs. Conchu refused to sign her conformity to Atty. Colorado’s
withdrawal. Meanwhile, the hearing in the criminal case continued, but Atty.
Colorado no longer appeared at the hearings nor did he contact Mrs. Conchu.
Mrs. Conchu then filed a complaint seeking disciplinary sanctions against Atty.
Colorado. Atty. Colorado cited “loss of confidence” and “serious differences”
with the client as his reasons for withdrawing his services unilaterally.
SUGGESTED ANSWER:
Atty. Colorado can be sanctioned for his actions. Under the Rules of
Court, an attorney who undertakes to conduct an action impliedly stipulates
to carry it to its conclusion. He is not at liberty to abandon it without
reasonable cause. A lawyer’s right to withdraw from a case before its final
adjudication arises only from the client’s written consent or from the
court’s approval of his motion to withdraw based on a good cause.
Furthermore, being an officer of the court in whose favor a lawyer owes the
duty to assist in administering justice, he may not withdraw or be permitted
to withdraw as counsel in a case if such withdrawal will work injustice to a
client or frustrate the ends of justice (Orcino v. Gaspar, 279 SCRA 479
[1997]).
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VII
Atty. Celso Casis’ relationship with Miss Cory Cerrada began when he
represented her in several criminal cases for estafa and violation of B.P. 22. His
expertise and diligence in personally assisting and facilitating her release on bail
and other legal actions saved her from many legal predicaments. Despite her
initial resistance, Miss Cerrada, convinced by Atty. Casis’ sincerity and
representation that he was separated from his wife and was taking necessary
steps for the annulment of his marriage, began to live with him openly as
husband and wife. One day, Atty. Casis’ wife suddenly entered Miss Cerrada’s
home and assaulted her, inflicting injuries. Miss Cerrada then filed a complaint
with the IBP charging Atty. Casis with gross immorality and gross misconduct.
However, shortly afterwards, upon Atty. Casis’ pleas, Miss Cerrada filed a
motion to withdraw the complaint. The IBP had required Atty. Casis to file an
answer but he did not do so, relying on Miss Cerrada’s withdrawal of the
complaint against him. Can the IBP continue to investigate Atty. Casis and
recommend the imposition of sanctions against him, and for the Court to impose
sanctions, if warranted, notwithstanding Miss Cerrada’s filing of the motion to
withdraw the complaint against him? (2.5%)
SUGGESTED ANSWER:
VIII
Judge Celso Camarin posted in the bulletin board of his sala for two
weeks, an advertisement which says: “Wanted attractive waitresses, personable
waiters and cooks who may be interested in applying for employment in my
family’s restaurant business. Interested applicants may submit applications to
Branch XXX, RTC of Camarines Sur.” The screening of some applicants was
also conducted in the Judge’s office. What provisions, if any, of the Code of
Judicial Conduct did Judge Camarin violate? (2.5%)
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SUGGESTED ANSWER:
In the case of Dionisio vs. Escano, 302 SCRA 411, February 1, 1999,
involving the same facts, the Supreme Court found the erring judge to have
violated the following rules of the Code of Judicial Ethics.
Canon 11, Rule 2.00 – A Judge should avoid impropriety and the
appearance of impropriety in all activities.
Canon 5, Rule 5.02 – A judge refrain from financial and business
dealings that tend to reflect adversely on the court’s impartiality, interfere
with the proper performance of judicial activities, or increase involvement
with lawyers or persons likely to come before the court. A Judge should so
manage investments and other financial interest to minimize the number of
case giving grounds for disqualification, and if necessary divest such
investment and interests. Divestment shall be made within one year from
the effectivity of this Code or from appointment, as the case may be.
Rule 5.03 – Subject to the provisions of the preceding rule, a judge
may hold and manage investment but should not serve as an office, director,
advisor, or employee of any business except as director, or non-legal
consultant of a family business.
The corresponding provisions of the New Code of Judicial Conduct
for the Philippine Judiciary would be:
Canon 4, Section 1 – Judges shall avoid impropriety and the
appearance of impropriety in all their activities.
Section 7 – Judges shall inform themselves about their personal
fiduciary financial interests and shall make reasonable efforts to be
informed about the financial interest of the members of their family.
Section 8 – Judges shall not use or lend the prestige of the judicial
office to advance their private interest, or of those of any member of their
family or of anyone else, no shall they convey or permit others to convey the
impression that anyone is in special position to influence them in the
performance of their judicial duties.
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IX
SUGGESTED ANSWER:
X
In a complaint for disbarment, Connie alleged that she engaged the
services of Atty. Cesar Corpuz in the preparation and execution in her favor of a
Deed of Sale over a parcel of land from her common-law husband.
Subsequently, Atty. Corpuz filed a civil case on behalf of Constancia, the legal
wife of Connie’s common-law husband, for the annulment of the Deed of Sale,
impleading Connie as defendant.
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SUGGESTED ANSWER:
XI
Atty. Claire Cortez, a member of the Philippine Bar who was also
admitted to the New York Bar, was disbarred from the practice of law in New
York for violation of Anti-Money Laundering laws of that State. She returned to
the Philippines in order to resume her Philippine law practice.
Can she also be disbarred from practicing law in the Philippines for the
same infraction committed in the foreign jurisdiction? (5%)
SUGGESTED ANSWER:
Yes, she can, if the ground for which she was disbarred in New York
is also a ground for disbarment in the Philippines. But she is entitled to due
process and she can be disbarred here only after notice and hearing. The
disbarment decision in New York will only constitute prima facie evidence of
her guilt (In re: Maquera 435 SCRA 417 [2004]).
XII
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Atty. Calumpang had made absolutely no progress in the titling of the land. He
also could not return the advance money paid by Corinna because he had
converted the money to his personal use. After almost a decade, and the property
could still not be titled in Corinna’s name, she filed an action with the
SUGGESTED ANSWER:
XIII
Concio filed a criminal action for medical malpractice against Dr. Cielo
which was eventually dismissed for failure to prove that Dr. Cielo was negligent.
Concio was represented in this action by Atty. Cogie Ciguerra (Ciguerra). After
they lost the medical malpractice case, Ciguerra started writing a series of posts
on his Facebook (FB) account containing insulting and verbally abuse language
against Dr. Cielo. Among others, Ciguerra called Dr. Cielo a quack doctor,
“reyna ng kaplastikan at kapalpakan”, and accused her of maintaining a payola
or extra-legal budget to pay off prosecutors and judges in order to win her cases.
He also called on patients to boycott the clinic of Dr. Cielo.
Dr. Cielo filed a disbarment case against Ciguerra for posting on his FB
account, sexist, vulgar, and obscene comments, and language disrespectful of
women in his FB posts. Ciguerra’s defense is that his FB posts were private
remarks on his private FB account and only meant to be shared among his FB
friends, and Dr. Cielo was not part of them. He also claimed that the disbarment
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case was filed in violation of his constitutionally-guaranteed right to privacy. The
Court, however, found that Ciguerra’s FB account did not have privacy settings.
Can Ciguerra be disbarred for the series of posts in his FB account against
Dr. Cielo? (5%)
SUGGESTED ANSWER:
XIV
(a) In a school convocation where Judge Conde was the guest speaker,
Judge Conde openly disagreed and criticized a recently-decided
Supreme Court decision and even stressed that the decision of the
Supreme Court in that case was a serious violation of the
Constitution.
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(b) In his class discussions, Judge Conde named Cacai’s mother, an
MTC judge, as one of the judges involved in a marriage scam. At
that time, the case against her mother was still pending. Judge
Conde also included in his class discussion Cacai’s brother whom
he referred to as a “court-noted drug addict.”
Cacai asserted that the acts of Judge Conde were open displays of
insensitivity, impropriety, and lack of delicadeza bordering on oppressive and
abusive conduct. She also alleged that Judge Conde acted with absolute
disrespect for the Court and violated the “subjudice rule” when he discussed the
marriage scam involving her mother because, at that time, the case was still
pending.
In his defense, Judge Conde argued that the case he discussed in the
school convocation was already of public knowledge and had been published
after it had become final. He also said it was part of his academic freedom to
openly discuss and criticize a decision of the Court since it was already decided
with finality, was patently erroneous, and clearly a violation of the Constitution.
With respect to discussions in class about Cacai’s mother, he said that the
marriage scam where her mother was charged scandalized the Judiciary and
became public knowledge when the Office of the Court Administrator held a
press conference on the matter and, that as a citizen, he could comment thereon
in the exercise of his rights to freedom of speech and expression. He also
asserted that his discussions in both fora could not be the subject of an
administrative complaint because they were not done in the performance of his
judicial duties.
SUGGESTED ANSWERS:
(a) The New Code of Judicial Conduct provides that judges, like
any other citizens, are entitled to freedom of expressions, belief,
association and assembly, but in exercising such right, they shall
always conduct themselves in such a manner as to preserve the
dignity of the judicial office and the impartiality of the
judiciary. Judge Conde, however, should not have criticized in
public the Supreme Court decision as a serious violation of the
Constitution. He should have avoided any discussion in order to
preserve the traditional non-involvement of the judiciary in
public discussion of controversial issues (In re: Query of the
MTC Lawyers of Zamboanga del Norte, A.M. No. 86-11-3690).
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(b) Judge Conde is guilty of conduct unbecoming of a judge in
using intemperate language and unnecessary comments tending
to project Cacai’s mother as a corrupt and ignorant judge and
her brother as a drug addict (in his class discussion). While the
Code of Judicial Conduct recognizes the right of judges to
freedom of expression, this freedom should be exercised in a
manner that would preserve the dignity, independence and
respect for himself and judiciary as a whole. A magistrate
should not descend to the level of a sharp-tongued, ill-mannered
petty tyrant by uttering harsh words, snide remarks and
sarcastic comments. Judge Conde can be held administratively
liable even though his improper comments were made in his
class discussions because ethical conduct is expected of him as a
judge not only in the performance of his judicial duties, but in
his professional and private activities as well. A judge, in order
to promote public confidence in the integrity and impartiality of
the judiciary, must behave with propriety at all times. A judge’s
official life cannot be detached or separated from his personal
existence. Judge Conde also violated the subjudice rule which
restricts comments and disclosures pertaining to judicial
proceedings in order to avoid obstructing the administration of
justice. At the time Judge Conde discussed the marriage scam,
the case was still pending (Tormis v Paredes, A.M. No. RTJ-13-
2366, February 4, 2015).
XV
Charo Conti engaged the services of Atty. Cesar Compostela for the
registration of a property located in Cebu, and which property she had inherited
together with her siblings. It was agreed in writing that Charo would pay Atty.
Compostela PhP 20,000 as acceptance fee and PhP 2,000 as appearance fee.
During the last hearing of the case, Atty. Compostela demanded an additional
amount of PhP 20,000 for the preparation of a memorandum, which he said
would further strengthen Charo’s position, plus 20% of the total area of the
property as additional fees for his services. Charo did not agree to Atty.
Compostela’s demands since they were contrary to their agreement. Besides, the
property was co-owned with her siblings and she could not agree to Atty.
Compostela’s demands without the consent of her co-heirs.
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Four (4) years later, the petition for registration was approved and the
Land Registration Authority notified Charo that the decree of registration and the
original of the owner’s duplicate copy of the title had already been transmitted to
the Register of Deeds (RD). When Charo went to the RD, she was surprised to
discover that the owner’s duplicate copy of the title had already been claimed by,
and released to, Atty. Compostela. Despite demand, Atty. Compostela refused to
deliver the title to Charo until she paid the additional attorneys’ fees that he was
demanding. Charo then instituted a complaint for disbarment against him. In his
defense, Atty. Compostela claimed that:
(a) he had a right to retain the owner’s duplicate of the title as his
retaining lien; and
SUGGESTED ANSWER:
18
XVI
When the debt became due, Carmen deposited the check but it was
dishonored for insufficient funds. Carmen then sued Carmina and Celeste for
estafa through falsification of a commercial document. After finding probable
cause, the prosecutor filed a criminal case in court, where the sisters were
required to file their joint Judicial Affidavit. In their affidavit, they raised the
defense that they could not be guilty of estafa because: (i) the check was issued
only as a form of security; (ii) even if issued as payment, it was for a pre-existing
debt; and (iii) it was only upon Carmen’s insistence that they issued the check.
Before the case could be decided, the sisters offered to settle their debt
through a dacion en pago. They offered a Honda CRV which they jointly owned
in full settlement of the loan. Carmen agreed.
SUGGESTED ANSWER:
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(b) The Judicial Affidavit (10%); and
SUGGESTED ANSWER:
PRELIMINARY STATEMENT
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Q4. In answer to Q2, you mentioned that you are executing
this Judicial Affidavit to support your defenses in the
criminal case of estafa filed against you. Why do you
believe you are not guilty?
A4. We are not guilty because of the following reasons:
i the check was issued only as a form of security;
ii Even if issued as payment, it was for a pre-existing
debt, and
iii It was only upon the Carmen Carunungan’s
insistence that We issued the check.
Q5. Is there anything else you want to add to the above?
A5. No more sir.
Witnesses:
___________________________
ABC
ATTESTATION
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3. Neither I nor any other person then present coached
Carmina Corominas and Celeste Corominas regarding their
answers.
IN WITNESS WHEREOF, I hereunto affixed my
signature this ___ day of November 2018 at ________________.
Atty. “A”
Address
IBP OR No. place and date of issuance
PTR OR No. place and date of payment
MCLE Exemption ____________
Date of Issue _______________
Valid until _________________
JURAT
Notary Public
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(c) The Dacion en Pago (10%).
SUGGESTED ANSWER:
WITNESSETH:
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the CREDITOR hereby accepts the said vehicle as full payment
of the said indebtedness to her,
CARMEN CARUNUNGAN
Creditor
WITNESSES:
____________________ ____________________
ACKNOWLEDGMENT
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the foregoing instrument, and they acknowledged to me that the
same is their free and voluntary act and deed.
NOTARY PUBLIC
Until December 31, 2018
Doc. No. ____
Page No,____
Book No. ____
Series of 2018.
-NOTHING FOLLOWS-
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