Ethics Quamto 2016 PDF

University of Santo Tomas
Faculty of Civil Law
Legal and
Judicial Ethics
Questions Asked
More Than Once
(QuAMTO 2016)
*QUAMTO is a compilation of past bar questions with answers as

suggested by UPLC and other distinct luminaries in the academe,
and updated by the UST Academics Committee to fit for the 2016
Bar Exams.
*Bar questions are arranged per topic and were selected based on
their occurrence on past bar examinations from 1990 to 2015.
ACADEMICS COMMITTEE
KATRINA GRACE C. ONGOCO MANAGING EDITOR
REUBEN BERNARD M. SORIANO

ERINN MARIEL C. PEREZ EXECUTIVE COMMITTEE
MA. NINNA ROEM A. BONSOL
REUBEN BERNARD M. SORIANO

JUAN PAOLO MAURINO R. OLLERO LAYOUT AND DESIGN
JOHN REE E. DOCTOR
QUAMTO COMMITTEE MEMBERS
CALOS LEANDRO L. ARRIERO

ELISE MARIE B. BERTOS
GABRIELA LOUISE O.J. CANDELARIA
WARREN RODANTE D. GUZMAN
MARY GRACE D. LUNA
LEAN JEFF M. MAGSOMBOL
JUAN PAOLO MAURINO R. OLLERO
ANN CAIRA C. SURIO
MARY JANE D. VILARAY
ATTY. AL CONRAD B. ESPALDON

ADVISER
QUAMTO FOR LEGAL AND JUDICIAL ETHICS (1991-2015)
LEGAL ETHICS the commission of the crime itself that makes him
morally unfit to become a lawyer (In re: Ramon Galang,
Practice of Law A.C. No. 1163, August 29, 1975).
Qualifications Lawyer’s oath
Q: Upon learning from newspaper reports that the Q: Atty. BB borrowed P30,000.00 from EG to be paid
bar candidate Vic Pugote passed the bar in six months. Despite reminders from EG, Atty. BB
examinations. Miss Adorable immediately lodged a failed to pay the loan on its due date. Instead of
complaint with the Supreme Court, praying that Vic suing in court, EG lodged with an IBP chapter a
Pugote be disallowed from taking the oath as a complaint for failure to pay a just debt against Atty.
member of the Philippine Bar because he was BB. The chapter secretary endorsed the matter to
maintaining illicit sexual relations with several the Commission on Bar Discipline (CBD). A
women other than his lawfully wedded spouse. commissioner of the CBD issued an order directing
However, from unexplained reasons, he succeeded Atty. BB to answer the complaint against him but the
to take his oath as a lawyer. Later, when confronted latter ignored the order. Another order was issued
with Miss Adorable’s complaint formally, Pugote for the parties to appear before the Commissioner at
moved for its dismissal on the ground that it is a certain date and time but only EG showed up. A
already moot and academic. Should Miss Adorable’s third order submitting the case for resolution was
complaint be dismissed or not? (2004) likewise ignored by Atty. BB. Was Atty. BB justified
in ignoring the orders of the Commission on the
A: It should not be dismissed. Her charge involves a ground that the Commission had no power to
matter of good moral character which is not only a discipline him for acts done in his private capacity?
requisite for admission to the Bar, but also a continuing Why? (2002)
condition for remaining a member of the Bar. As such,
the admission of Vic Pugote to the Bar does not render A: Atty. BB is not justified in ignoring the orders of the
the question moot and academic. The requirement of Commission on Bar Discipline. In doing so, he violated
good moral character is not only a condition precedent his oath of office for disobeying orders of a duly
to admission to the practice of law, its continued constituted authority. A lawyer shall not counsel or abet
possession is also essential for remaining in the practice
activities aimed at defiance of the law or at lessening
of law (In the Matter of the Disqualification of Bar
confidence in the legal system. (Rule 1.02; Panganiban v.
Examinee Haron S. Meling, B.M. No. 1154, June 8, 2004).
Borromeo, 58 Phil. 367)
Q: Prior to his admission to the freshman year in a
Duties and Responsibilities of a Lawyer
reputable law school, bar examinee A was charged
before the Municipal Trial Court with damage to
property through reckless imprudence for To Society
accidentally sideswiping a parked jeepney. The case
was amicably settled with A agreeing to pay the Respect for law and legal processes
claim of the jeepney owner for P1,000.00. In his
application to take the 1997 Bar Examinations, A did Q: Distinguish “Ambulance Chasing” from “Barratry”.
not disclose the above incident. Is he qualified to (1993)
take the Bar Examinations? (1997, 2005)
A: Ambulance chasing is the lawyer’s act of chasing an
A: Rule 7.01 of the Code of Professional Responsibility ambulance carrying the victim of an accident for the
provides that “a lawyer shall be answerable for purpose of talking to the said victim or relatives and
knowingly making a false statement or suppressing a offering his legal services for the filing of a case against
material fact in connection with his application for the person who caused the accident. It refers more to a
admission to the bar”. In the case of In re: Ramon Galang, lawyer who instigates a victim in a motor vehicle
66 SCRA 245, the respondent repeatedly omitted to accident to file a case. Barratry is an offense of exciting
make mention of the fact that there was a pending or stirring up suits and quarrels. It is any form of
criminal case for slight physical injuries against him in fomenting suit. Both are improper and unethical acts of
all four (4) applications for admission to take the bar a lawyer.
examinations. He was found to have fraudulently
concealed and withheld such fact from the Supreme Q: During the course of his cross-examination, your
Court and committed perjury. The Supreme Court cited client had testified to events and circumstances
the rule that “the concealment of an attorney in his which you personally know to be untrue. If his
testimony was given credence and accepted as fact
application to take the bar examinations of the fact that
by the court, you are sure to win your client’s case.
he had been charged with, or indicted for, an alleged
Under the Code of Professional Responsibility, what
crime, is a ground for revocation of his license to is your obligation to the public? (1994)
practice law.”
A’s failure to disclose that he had been charged with A: A lawyer shall not engage in lawful, dishonest,
damage to property through reckless imprudence in his immoral or deceitful conduct (Code of Professional
application for admission to the bar examinations Responsibility, Canon 1, Rule 1.01). A lawyer shall not
disqualifies him. It does not matter that the offense counsel or abet activities aimed at defiance of the law or
charged does not involve moral turpitude or has been at lessening confidence in the legal system (Code of
Professional Responsibility, Canon 1, Rule 1.02).
amicably settled. When the applicant concealed a charge
of a crime against him but which crime does not involve
moral turpitude, this concealment nevertheless will be Q: Atty. Asilo, a lawyer and a notary public,
notarized a document already prepared by spouses
1
taken against him. It is the fact of concealment and not
UNIVERSITY OF SANTO TOMAS TEAM BAROPS

FACULTY OF CIVIL LAW ACADEMICS COMMITTEE 2016
QuAMTO for LEGAL AND JUDICIAL ETHICS (1991-2015)
Roger and Luisa when they approached him. It is
stated in the document that Roger and Luisa Q: Atty. Thess Tuazon writes a regular column in a
formally agreed to live separately from each other newspaper of general circulation, as well as legal
and either one can have a live-in partner with full articles in a leading magazine. Her by-line always
consent of the other. What is the liability of Atty. includes the name of her law firm where she is a
Asilo, if any? (1998, 1992) name partner. Would you consider this as improper
advertising? Explain. (1993)
A: Atty. Asilo may be held administratively liable for
violating Rule 1.02 of the Code of Professional A: I would consider putting the by-line under the name
Responsibility – a lawyer shall not counsel or abet of her law firm improper. It is an indirect way of
activities aimed at defiance of the law or at lessening advertising her law firm. Naming her law firm achieves
confidence in the legal system. An agreement between no other purpose than to inform the public and possible
two spouses to live separately from each other and clientele of the existence of her law firm and of her being
either one could have a live-in partner with full consent actively engaged in the practice of law. The practice of
of the other, is contrary to law and morals. The solicitation is destructive of the honor of a great
ratification by a notary public who is a lawyer of such profession. It lowers the standards of that profession. It
illegal or immoral contract or document constitutes works against the confidence of the community in the
malpractice or gross misconduct in office. He should at integrity of the members of the bar (In re: Tagorda, G.R.
least refrain from its consummation (In re Santiago, 70 No. 32329, March 23, 1929). This is aimed against the
Phil. 661; Panganiban v. Borromeo, 58 Phil. 367, In re practice of “cutthroat competition” which is not in
Bucana, 72 SCRA 14). keeping with the principle that the practice of law is a
noble profession and not a trade.
Q: A client refuses to pay Atty. A his contracted
attorney’s fees on the ground that counsel did not Q: Atty. E has a daily 10-minute radio program billed
wish to intervene in the process of effecting a fair as a “Court of Common Troubles.” The program is
settlement of the case. Decide. (2001) advertised by the radio station as a public service
feature for those who seek but cannot afford to pay
A: Rule 1.04 of the Code of Professional Responsibility for legal advice. Its sponsors include a food
provides that “a lawyer shall encourage his clients to processing company and a detergent manufacturing
avoid, end or settle a controversy if it will admit of a fair firm which share with the radio station the monthly
settlement”. If a lawyer should refuse to intervene in a remuneration of Atty. E. Is there any impropriety in
settlement proceeding, his entitlement to his attorney’s Atty. E’s role under the above arrangement? (1997)
fees may be affected. However, if he has already
rendered some valuable services to the client, he must A: Giving advice on legal matters through the medium of
be paid his attorney’s fees on the basis of quantum a newspaper column or radio or television broadcast is
meruit, even if it is assumed that he is dismissed. improper. It would involve indirect advertising and
violation of the confidential relation between lawyer and
Efficient and convenient legal services client (Agpalo, 1992).
Q: You are the managing partner of a law firm. A new Q: A lone law practitioner Bartolome D. Carton, who
foreign airline company, recently granted rights by inherited the law office from his deceased father
the Civil Aeronautics Board at the NAIA, is scouting Antonio C. Carton, carries these names:
for a law firm which could handle its cases in the “Carton & Carton Law Office.” Is that permissible or
Philippines and provide legal services to the objectionable? Explain. (2001, 1996, 1994)
company and its personnel. After discussing with
you the extent of the legal services your law firm is A: Rule 3.02 of the Code of Professional Responsibility
prepared to render, the general manager gives you a provides as follows: “In the choice of a firm name, no
letter-proposal from another law firm in which its false, misleading or assumed name shall be used; the
time-billing rates and professional fees for various continued use of the name of deceased partner is
legal services are indicated. You are asked to submit permissible provided that the firm indicates in all its
a similar letter-proposal stating your firm’s communications that the partner is deceased.” Since
proposed fees. The airline company’s general Atty. Antonio C. Carton is a solo practitioner, it is
manager also tells you that, if your proposed fees improper for him to use the firm name “Carton & Carton
would at least be 25 percent lower than those Law Office”, which indicates that he is and/or was in
proposed by the other firm, you will get the partnership with his father. Even if he indicates in all his
company’s legal business. How would you react to communication that his father is already dead, the use of
the suggestion? (1997) the firm name is still misleading because his father was
never his partner before. A lawyer is not authorized to
use in his practice of profession a name other than the
A: I will emphasize to the General Manager that the one inscribed in the Roll of Attorneys.
practice of law is a profession and not a trade.
Consequently, I will not propose a lower fee just for the
sake of competing with another firm, because such Q: Facing disciplinary charges for advertising as a
lawyer, Atty. A argues that although the calling card
practice smacks of commercialism. Moreover, Rule 2.04
of his businessman friend indicates his law office
of the Code of Professional Responsibility provides that a
and his legal specialty, the law office is located in his
lawyer shall not charge rates lower than those
friend’s store. Decide. (2001)
customarily prescribed unless the circumstances so
warrant. I will charge fees that will be reasonable under
the circumstances. A: This appears to be a circumvention of the prohibition
True, honest, fair, dignified and objective information on on improper advertising. There is no valid reason why
legal services the lawyer’s businessman friend should be handling out
calling cards which contains the lawyer’s law office and
*QUAMTO is a compilation of past bar questions with answers as suggested by UPLC and other distinct
luminaries in the academe, and updated by the UST Academics Committee to fit for the 2016 Bar Exams.
legal specialty, even if his office is located in his friend’s advertisement.

store. What makes it more objectionable is the
statement of his supposed legal specialty. It is highly ANNULMENT OF MARRIAGE
unethical for an attorney to advertise his talents or skill
as a merchant.
Competent Lawyer
Q: Determine whether the following advertisements
by an attorney are ethical or unethical. Write Reasonable Fee
“Ethical” or “Unethical”, as the case may be, opposite
each letter and explain. Call 221-2221
1. A calling card, 2x2 in size, bearing his name in

bold print, office, residence and e-mail address, The following session day, the Justice called the
telephone and facsimile numbers. attention of his colleagues and the Bar Confidant
2. A business card, 3’’x4’’ in size, indicating the was directed to verify the advertisement. It turned
aforementioned data with his photo, 1’’x1’’ in out that the number belongs to Attorney X, who was
size. (2002) then directed to explain to the court why he should
not be disciplinarily dealt with for the improper
A: advertisement. Attorney X, in his answer, averred
1. Ethical – A lawyer, in making known his legal that (1) the advertisement was not improper
services shall use only true, honest, fair, dignified because his name was not mentioned in the ad; and
and objective information or statement of facts (2) he could not be subjected to disciplinary action
(Code of Professional Responsibility, Canon 3). For because there was no complaint against him. Rule
solicitation to be proper, it must be compatible with on Attorney X’s contention. (2003, 1998)
the dignity of the legal profession. If made in a
modest and decorous manner, it would bring no
A: The advertisement is improper because it is a
injury to the lawyer or to the bar (Warvelle, Legal
Ethics, p.55). solicitation of legal business and is tantamount to self-
2. Unethical – The size of the card and the inclusion of praise by claiming to be a “competent lawyer”. The fact
the lawyer’s photo in it smacks of commercialism. It that his name is not mentioned does not make the
is highly unethical for an attorney to advertise his advertisement proper. His identity can be easily
talents or skill as a merchant. determined by calling the telephone number stated. In
the case of Ulep v. Legal Clinic, Inc., 223 SCRA 378, the
Q: Determine whether the following advertisements Supreme Court found a similar advertisement to be
by an attorney are ethical or unethical. Write improper is spite of the fact that the name of a lawyer
“Ethical” or “Unethical”, as the case may be, opposite was also not mentioned.
each letter and explain:
A complaint is not necessary to initiate disciplinary
1. A pictorial press release in a broadsheet action against a lawyer. In Sec. 1, Rule 139-B of the Rules
newspaper made by the attorney showing him of Court, disciplinary action against a lawyer may be
being congratulated by the president of a client initiated by the Supreme Court motu proprio.
corporation for winning a multi-million damage
suit against the company in the Supreme Court. Participation in legal education program
2. The same Press release made by his client in a
tabloid. Q: Under the Code of Professional Responsibility
3. A small announcement in BALITA, a tabloid in what is the principal obligation of a lawyer towards
Filipino that the attorney is giving free legal the development of the legal system? (2004)
advice for (the indigent within the month of)
September 2002. (2002) A: A lawyer shall participate in the improvement of the
legal system by initiating or supporting efforts in law
A: reform and in the administration of justice (Code of
1. Unethical – A lawyer should not resort to indirect Professional Responsibility, Canon 4). He shall keep
advertisements such as procuring his photograph to abreast of legal developments; participate in continuing
be published in a newspaper in connection with a legal education programs, support efforts to achieve
case he is handling. He should not pay or give high standards in law schools as well as in the practical
something of value to representatives of mass media training of law students and assist in disseminating
in anticipation of, or return for, publicity to attract information regarding the law and jurisprudence (Code
legal business (Code of Professional Responsibility, of Professional Responsibility, Canon 5). While the
Rule 3.04). lawyer’s task in contributing to the improvement of the
2. Ethical – The lawyer can no longer be held legal system is not a matter of strict duty, it is a duty
responsible for the action of his client. However, it nonetheless which flows from a lawyer’s sense of his
would be unethical if he knew about his client’s public responsibility (Pineda, Legal Ethics, p.94).
intention to publish and still did nothing to stop it.
3. Unethical – The announcement in a newspaper that Q: Atty. Herminio de Pano is a former prosecutor of
he will give free legal advice to the indigent is a form the City of Manila who established his own law office
of self-praise (In re: Tagorda, G.R. No. 32329, March after taking advantage of the Early Retirement Law.
23, 1929). He was approached by Estrella Cabigao to act as
private prosecutor in an estafa case in which she is
the complainant. It appears that said estafa case was
investigated by Atty. de Pano when he was still a
prosecutor. Should Atty. de Pano accept employment
Q: A Justice of the Supreme Court, while reading a as private prosecutor in said estafa case? Explain.
newspaper one weekend, saw the following
3

(1991) entered into the compromise agreement which in
fact was approved bythe court. Did Atty. Hans Hilado
A: Atty. de Pano should not accept the employment as commit malpractice and grave misconduct as a
private prosecutor as he will be violating Canon 6, Rule lawyer? Explain. (1995)
6.03 of the Code of Professional Responsibility which
provides that a lawyer shall not, after leaving A: Atty. Hilado committed an act of malpractice. Rule
government service, accept employment in connection 8.02 of the Code of Professional Responsibility provides
with any matter in which he had intervened while in that “a lawyer shall not directly or indirectly encroach
said service. The restriction against a public official upon the professional employment of another lawyer.”
using his public position as a vehicle to promote or To maintain the dignity of the legal profession, lawyers
advance his tenure in certain matters which (he) must conduct themselves honorably, fairly and candidly
intervened as a public official. toward each other. A lawyer should not in any way
communicate upon the subject of controversy with a
Q: Prosecutor Coronel entered his appearance on party represented by counsel, much less should he
behalf of the State before a Family Court in a case for undertake to negotiate or compromise the matter with
declaration of nullity of marriage, but he failed to him, but should only deal with his counsel. Canon 9 of
appear in all the subsequent proceedings. When the Code of Professional Ethics provides that a lawyer
required by the Department of Justice to explain, he should not in any way communicate upon the subject of
argued that the parties in the case were ably
a controversy with a party represented by a counsel;
represented by their respective counsels and that
much should he undertake to negotiate or compromise
his time would be better employed in more
the matter with him, but should deal only with his
substantial prosecutorial functions, such as
counsel. Under similar facts the lawyer concerned was
investigations, inquests and appearances in court
suspended for committing acts constituting malpractice
hearings. Is Atty. Coronel’s explanation tenable?
and grave misconduct (Likong v. Lim, 235 SCRA 414).
(2006)
Q: May a lawyer give a proper advice and assistance
A: Atty. Coronel’s explanation is not tenable; the role of to a client of another lawyer? Support your answer.
the State’s lawyer in nullification of marriage cases is (2001)
that of protector of the institute of marriage (Family
Code, Art. 48). “The task of protecting marriage as an
A: It is highly unethical for a lawyer to exert efforts
inviolable social institute requires vigilant and zealous directly or indirectly to encroach upon the professional
participation and not mere pro forma compliance” employment of another. A person without a retained
(Malcampo-Sin v. Sin, 355 SCRA 285). This role could not lawyer is a legitimate prospective client for any lawyer
be left to the private counsels who have been engaged to whom he approaches for legal services. But, as soon as
protect the private interest of the parties. The primary he had retained one, and had not dismissed the retained
duty of a public prosecutor is not to convict but to see to counsel, efforts on the part of another lawyer to take
it that justice is done (Code of Professional Responsibility, him as client constitutes an act of encroaching upon the
Rule 6.01). employment of another lawyer. However, any person
who seeks relief against an unfaithful or neglectful
To the Legal Profession lawyer may approach another lawyer for proper advice
and assistance. Any advice or assistance extended after
Integrated Bar of the Philippines (Rule 139-A) proper verification is not encroaching upon the business
of another lawyer for such act is justified under the
Q: Under the Code of Professional Responsibility, circumstances (Pineda, Legal Ethics, p. 132).
what is the principal obligation of a lawyer towards:
the legal profession and the Integrated Bar? (2004) Q: Under the Code of Professional Responsibility,
what is the principal obligation of a lawyer towards
A: A lawyer shall at all times uphold the integrity and his professional colleagues? (2004)
dignity of the legal profession, and support the activities
of the integrated bar (Code of Professional Responsibility, A: “A lawyer shall conduct himself with courtesy,
Canon 7). fairness and candor towards his professional colleagues,
and shall avoid harassing tactics against opposing
Courtesy, fairness and candor towards professional counsel” (Code of Professional Responsibility, Canon 8).
colleagues
Q: Atty. Y, in his Motion for Reconsideration of the
Q: After the pre-trial Atty. Hans Hilado, counsel for Decision rendered by the NLRC, alleged that there
plaintiff Jennifer Ng, persuaded defendant Doris Dy was connivance of the NLRC Commissioners with
to enter into a compromise agreement with the Atty. X for monetary considerations in arriving at
plaintiff without the knowledge and participation of the questioned Decision. He insulted the
defendant’s counsel, Atty. Jess de Jose. Doris acceded Commissioners for their ineptness in appreciating
and executed the agreement. Therein Doris the facts as borne by the evidence presented.
admitted her obligation in full and bound herself per
annum in ten (10) equal monthly installments. The Atty. X files an administrative complaint against
compromise agreement was approved by the court. Atty. Y for using abusive language.
Realizing that she was prejudiced, Doris Dy filed an
administrative complaint against Atty. Hilado Atty. Y posits that as lawyer for the down-trodden
alleging that the latter prevented her from laborers, he is entitled to express his righteous
consulting her lawyer Atty. De Jose when she anger against the Commissioners for having cheated
entered into the compromise agreement, thereby them; that his allegations in the Motion for
violating the rule of professional conduct, Atty. Reconsideration are absolutely privileged; and that
Hilado countered that Doris Dy freely and voluntary proscription against the use of abusive language
does not cover pleadings filed with the NLRC, as it is not divide or stipulate to divide a fee for legal service
not a court, nor are any of its Commissioners with persons not licensed to practice law “. The
Justices or Judges. secretary is not licensed to practice law and is not
entitled to a share of the fees for notarizing affidavits,
Is Atty. Y administratively liable under the Code of which is a legal service.
Professional Responsibility? Explain. (2010)
Q: The Supreme Court suspended indefinitely Atty.
A: Atty. Y “has clearly violated Canons 8 and 11 of the Fernandez from the practice of law for gross
Code of Professional Responsibility and is immorality. He asked the Municipal Circuit Trial
administratively liable. A lawyer shall not in his Court Judge of his town if he can be appointed
professional dealings, use language which is abusive, counsel de oficio for Tony, a childhood friend who is
offensive or otherwise inproper” (CPR, Rule 8.01). A accused of theft. The judge refused because Atty.
lawyer shall abstain from scandalous, offensive or Fernandez’s name appears in the Supreme Court’s
menacing language or behaviour before the courts (CPR, List of Suspended Lawyers. Atty. Fernandez then
Rule 11.03). inquired if he can appear as a friend for Tony to
defend him. Supposing Tony is a defendant in a civil
In the case of Johnny Ng v. Atty. Benjamin C. Alar (507 case for collection of sum of money before the same
SCRA 465), which involves the same facts, the Supreme court, can Atty. Fernandez appear for him to conduct
Court held that the argument that the NLRC is not a his litigation? (2006)
court, is unavailing. The lawyer remains a member of the
Bar, an “oath-bound servant of the law, whose first duty A: Even if Tony is a defendant in a civil case, Atty.
is not to his client but to the administration of justice Fernandez cannot be allowed to appear for him to
and whose conduct ought to be and must be conduct his litigation; otherwise, the judge will be
scrupulously observant of law and ethics.” violating Canon 9 of the Code of Professional
Responsibility which provides that “a lawyer shall not,
The Supreme Court also held that the argument that directly or indirectly, assist in the unauthorized practice
labor practitioners are entitled to some latitude of of law.”
righteous anger is unavailing. It does not deter the Court
from exercising its supervisory authority over lawyers
To the Courts
who misbehave or fail to live up to that standard
expected of them as members of the Bar.
Candor, fairness and good faith towards the courts
Q: Myrna, petitioner for a case for custody of
children against her husband, sought advice from Q: In a pending labor case, Atty. A filed a Position
Atty. Mendoza whom she met at a party. She Paper on behalf of his client, citing a Supreme Court
informed Atty. Mendoza that her lawyer, Atty. Khan, case and quoting a portion of the decision therein
has been charging her exorbitant appearance fees which he stated reflected the ratio decidendi.
when all he does is move for postponement which However, what he quoted was not actually the
have unduly delayed the proceedings; and that Supreme Court ruling but the argument of one of the
recently, she learned that Atty. Khan approached parties to the case. May Atty. A be faulted
her husband asking for huge amount in exchange for administratively? Explain. (2000)
the withdrawal of her Motion for Issuance of Hold
Departure Order so that he and his children can A: Yes, he may be faulted administratively. A lawyer
leave for abroad. What should Atty. Mendoza do owes candor, fairness and good faith to the court. Rule
about the information relayed to him by Myrna that 10.02 of the Code of Professional Conduct expressly
Atty. Khan approached her husband with an provides that a lawyer shall not knowingly misquote or
indecent proposal? (2006) misrepresent the contents of a paper, the language or
the argument of opposing counsel, or the text of a
A: Atty. Mendoza can advise her to terminate the service decision or authority, or knowingly cite as law a
of Atty. Khan and/or file an administrative case against provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not has
Atty. Khan. It is the right of any lawyer, without fear or
been proved. To cite an argument of one of the parties as
favor, to give proper advice and assistance to those
a ratio decidendi of a Supreme Court decision shows, at
seeking relief against unfaith or neglectful counsel (Code
least, lack of diligence on the part of Atty. A (Commission
of Professional Responsibility, Rule 8.02).
on Election v. Noynay, 292 SCRA 254).
No assistance in unauthorized practice of law Respect for courts and judicial officers
Q: You had just taken your oath as a lawyer. The Q: Having lost in the Regional Trial Court and then in
secretary to the president of a big university offered the Court of Appeals, Atty. Mercado appealed to the
to get you as the official notary public of the school. Supreme Court. In a minute resolution, the Supreme
She explained that a lot of students lose their Court denied his petition for review for lack of
Identification Cards and are required to secure an merit. He filed a motion for reconsideration which
affidavit of loss before they can be issued a new one. was also denied. After the judgment had become
She claimed that this would be very lucrative for final and executory, Atty. Mercado publicly criticized
you, as more than 30 students lose their the Supreme Court for having rendered what he
Identification Cards every month. However, the called an unjust judgment, even as he ridiculed the
secretary wants you to give her one-half of your members of the Court by direct insults and
earnings there from. Will you agree to the vituperative innuendoes. Asked to explain why he
arrangement? Explain. (2005) should not be punished for his clearly contemptuous
statements, Atty. Mercado sets up the defense that
A: No, I will not agree. Rule 9.02 of the Code of his statements were uttered after the litigation had
5
Professional Responsibility provides that “a lawyer shall

been finally terminated and that he is entitled to justice
criticize judicial actuations. Is Atty. Mercado’s
contention tenable? Explain. (1993) Q: On June 8, 2001, RJ field with the Supreme Court a
petition for prohibition, with a prayer for a
A: Atty. Mercado’s contention is not tenable. While he is temporary restraining order or preliminary
free to criticize the decision itself, he is not at liberty to injunction, to forestall his removal as chairman and
call said judgment an unjust judgment and to ridicule general manager of the government agency. He
the members of the court. It is one thing to analyze and believed he had a fixed term until January 31, 2004,
criticize the decision itself, which is proper, and it is but there are indications that the new president
another thing to ridicule the members of the court, would replace him. As he had apprehended, an
which is wrong. The right of a lawyer to comment on or Administrative Order was issued by the Chief
criticize decision of a judge or his actualizations is not Executive on July 2, 2001 recalling RJ’s appointment.
unlimited. It is the cardinal condition of all such Shortly thereafter, PT was appointed to the position.
criticism that it shall be bona fide, and shall not spell On July 3, 2003, RJ filed a motion to withdraw his
over the walls of decency and propriety. A wide chasm petition. On the same day, without waiting for the
resolution of his motion, he filed another petition
exists between fair criticism, on the one hand, and abuse
with the Regional Trial Court seeking to prevent his
and slander of courts and judges on the other. A
removal as chairman and general manager of the
publication in or outside the court tending to impede, government agency. On July 8, 2001, his motion to
obstruct, embarrass or influence the courts in withdraw the first petition was granted by the
administering justice in a pending suit, or to degrade the Supreme Court without prejudice to his liability, if
courts, destroy public confidence in them or bring them any, for contempt for engaging in forum-shopping. Is
into disrepute, whether or not there is a pending he guilty of forum-shopping? Explain. (2002, 1991)
litigation, transcends the limits of fair comment. Such
publication or intemperate and unfair criticism is a
A: RJ is guilty of forum-shopping. Forum-shopping is a
gross violation of the lawyer’s duty to respect the courts.
result of an adverse opinion in one forum, a party seeks
It is a misconduct that subjects him to disciplinary
a favorable opinion in another or when he institutes two
action. or more actions or proceedings grounded on the same
cause, on the gamble that one or the other court would
Q: When is public comment and criticism of a court make a favorable decision (Pineda, Legal Ethics, p. 188).
decision permissible and when would it be It is clear that RJ’s petition for prohibition was still
improper? (1997) pending in the Supreme Court when he filed the same
petition in the Regional Trial Court. He should have
A: A lawyer, like every citizen, enjoys the right to waited first for the resolution of his motion to withdraw
comment on and criticize the decision of the court. As an before filing the second petition because he cannot
officer of the court, a lawyer is expected not only to assume that the motion will be granted.
exercise that right but also to consider it his duty to
expose the shortcomings and indiscretion of courts and Q: The Supreme Court issued a resolution in a case
judges. But such right is subject to the limitation that it pending before it, requiring the petitioner to file,
shall be bona fide. It is proper to criticize the court and within ten (10) days from notice, a reply to the
judges, but it is improper to subject them to abuse and respondent’s comment. Attorney A, representing the
slander, degrade them or destroy public confidence in petitioner, failed to file the reply despite the
them. Moreover, “a lawyer shall not attribute to a judge extension given by the Court. The Supreme Court
motive not supported by the record or have no dismissed the petition for non-compliance with its
materiality in the case” (Code of Professional resolution. Attorney A timely moved for the
Responsibility, Rule 11.04). reconsideration of the dismissal of the petition,
claiming that his secretary, who was quite new in
Q: In a petition for certiorari filed with the Supreme the office, failed to remind him of the deadline
Court, Atty. Dizon alleged that Atty. Padilla, a legal within which to file a reply. Resolve Attorney A’s
researcher in the Court of Appeals drafted the motion. (2003)
assailed Decision; that he is ignorant of the
applicable laws and that he should be disbarred. Can A: Attorney A’s motion is not meritorious. He has
Atty. Dizon, in castigating Atty. Padilla, be held liable violated Rule 12.03 of the Code of Professional
for unethical conduct against the Court of Appeals? Responsibility which provides that “a lawyer shall not,
(2006) after obtaining extensions of time to file pleadings,
memoranda or briefs, led the period lapse without
A: Yes. He can be held liable for lack of respect for the submitting the same or offering an explanation for his
Court of Appeals. “Decisions are rendered by the courts failure to do so”. His claim that it was the fault of his
and not the persons or personnel who may participate secretary is not sufficient. He cannot take refuge behind
therein by virtue of their office. It is highly improper and the inefficiency of his secretary because the latter is not
unethical for counsel to impute the allegations against a guardian of the lawyer’s responsibilities (Nidua v.
Atty. Padilla. Counsel for the petitioner should be Lazaro, 174 SCRA 581).
reminded of the elementary rules of the legal profession
regarding respect for the courts by the use of proper Q: Under the Code of Professional Responsibility,
language in its pleading and should be admonished for what is the principal obligation of a lawyer towards
his improper references to the researcher of the CA in the administration of justice? (2004)
his petition. A lawyer should avoid scandalous, offensive
or menacing language or behavior before the courts” A: “A lawyer shall not exert every effort and consider his
(Maglucot-Aw v. Maglucot, 329 SCRA 78). duty to assist in the speedy and efficient administration
of justice” (Code of Professional Responsibility, Canon 12).
Assistance in the speedy and efficient administration of Reliance on merits of his cause and avoidance of any
impropriety which tends to influence or gives the A: I will decline to give any comment. Rule 13.02 of the
appearance of influence upon the courts Code of Professional Responsibility provides that “a
lawyer shall not make public statements in the media
Q: Atty. J requested Judge K to be a principal sponsor regarding a pending case tending to arouse public
at the wedding of his son. Atty. J met Judge K a opinion for against a party.”
month before. During an IBP-sponsored reception to
Q: Rico, an amiable, sociable lawyer, owns a share in
welcome Judge K into the community, and having Marina Golf Club, easily one of the more posh golf
learned that Judge K takes his breakfast at a coffee courses. He relishes hosting parties for government
shop near his (Judge K’s) boarding house, Atty. J officials and members of the bench.
made it a point to be at the coffee shop at about the One day, he had a chance meeting with a judge in the
time that Judge K takes his breakfast. Comment on Intramuros golf course. The two readily got along
Atty. J’s acts. Do they violate the Code of Professional well and had since been regularly playing golf
Responsibility? (2000) together at the Marina Golf Club.
a. If Atty. Rico does not discuss cases with

A: Yes, his actions violate the Code of Professional members of the bench during parties and golf
Responsibility. Rule 13.01 of the same Code provides that games, is he violating the Code of Professional
a lawyer shall not extend extraordinary attention or Responsibility? Explain.
hospitality to, nor seek opportunity for, cultivating b. How about the members of the bench who grace
familiarity with judges. Atty. J obviously sought the parties of Rico, are they violating the Code of
opportunity for cultivating familiarity with Judge K by Judicial Conduct? Explain. (2010)
being at the coffee shop where the latter takes his
breakfast, and is extending extraordinary attention to A:
the judge by inviting him to be a principal sponsor at the a. Yes. A lawyer shall not extend extraordinary
weeding of his son. attention or hospitality to, nor seek opportunity for
cultivating familiarity with judges (Code of
Professional Responsibility, Rule 13.01). Moreover, he
Q: Atty. A is offered professional engagement to
should refrain from any impropriety which gives the
appear before Judge B who is A’s relative, compadre appearance of influencing the court (CPR, Canon 13).
and former office colleague. Is A ethically compelled In regularly playing golf with judges, Atty. Rico will
to refuse the engagement? Why? (2001) certainly raise the suspicion that they discuss cases
during the game, although they actually do not.
A: There is no ethical constraint against a lawyer However, if Rico is known to be a non-practicing
appearing before a judge who is a relative, compadre or lawyer, there is not much of an ethical problem.
former office colleague as long as the lawyer avoids b. Members of the bench who grace the parties of Atty.
giving the impression that he can influence the judge. On Rico would be guilty of violating Sec. 3, Canon 4 of
the other hand, the judge is required by the Code of the New Code of Judicial Conduct for the Philippine
Judicial Conduct not to take part in any proceeding Judiciary which provides that “judges shall, in their
where his impartiality may be reasonably questioned personal relations with individual members of the
legal profession who practice regularly in their
(Code of Judicial Conduct, Rule 3.12). Among the grounds
court, avoid situations which might reasonably give
for mandatory disqualification of the judge is if any of rise to the suspicion or appearance of favoritism or
the lawyers is a relative by consanguinity or affinity partiality”. It has been held that “if a judge is seen
within the fourth degree. eating and drinking in public places with a lawyer
who has cases pending in his or her sala, public
Q: Attorney A is the legal counsel of “Ang suspicion may be aroused, thus tending to erode the
Manggagawa,” a labor union whose case is pending trust of litigants in the impartiality of the judge”
before the Court of Appeals. In order to press for the (Padilla v. Zantua, 237 SCRA 670). But if Atty. Rico is
early resolution of their case, the union officers not a practicing lawyer, such suspicion may not be
decided to stage a demonstration in front of the aroused.
Court of Appeals, which Attorney A, when consulted,
approved of, saying that it was their constitutional To the Clients
right to peaceably assemble and petition the
government for redress of their grievances and for Availability of service without discrimination
the speedy disposition of their cases before all - Services regardless of a person’s status
judicial, quasi-judicial or administrative bodies. Is it
appropriate for Attorney A to give that advice to the Q: Atty. DD’s services were engaged by Mr. BB as
union officers? Explain. (2003) defense counsel in a lawsuit. In the course of the
proceedings, Atty. DD discovered that Mr. BB was an
agnostic and a homosexual. By reason thereof, Atty.
A: The advice of Attorney A is not proper. In the case of DD filed a motion to withdraw as counsel without
Nestle’ Philippines, Inc. v. Sanchez, 154 SCRA 542, the Mr. BB’s express consent. Is Atty. DD’s motion legally
Supreme Court held that picketing before a court is an tenable? Reason briefly. (2004)
attempt to pressure or influence the courts of justice and
constitutes contempt of court. The duty of advising the
picketers and their leaders lies heavily on their lawyers. A: No. Atty. DD’s motion is not legally tenable. He has no
valid cause to terminate his services. His client, Mr. BB,
Q: As a defense counsel for the accused in a being an agnostic and homosexual, should not be
sensational case for abduction which the media is deprived of his counsel’s representation solely for that
covering, you are fully convinced from the judge’s reason. A lawyer shall not decline to represent a person
actuations that he is biased against your client. You solely on account of the latter’s race, sex, creed or status
are asked by the reporters to comment on the of life or because of his own opinion regarding the guilt
proceedings and the judge’s conduct. How should of said person (Code of Professional Responsibility, Canon
you react on the matter? (2003) 14, Rule 14.01).
Availability of service without discrimination
7

- Services as counsel de officio which, he shall terminate the relationship with such
- Valid grounds for refusal client in accordance with the Rules of Court.”
Q: May a lawyer decline an appointment by the court Q: Atty. Vidal, a semi-retired Metro Manila law
as counsel de oficio for an accused because he practitioner, has a cattle ranch in the remote
believes, and is fully convinced that the accused is municipality of Caranglan, Neuva Ecija. He attends to
guilty of the crime charged? (1991) his law office in Manila on Mondays, Tuesdays and
Wednesdays, and spends the rest of the week in his
cattle ranch riding horses and castrating bulls. In a
A: A lawyer may not decline an appointment as counsel criminal case pending before the Municipal Trial
de oficio even if he is convinced that the accused is Court of Caranglan, the only other licensed member
guilty. It is his obligation to at least protect his rights. He of the Bar is representing the private complainant.
might even have him acquitted or at least reduce his The accused is a detention prisoner. The judge
penalty depending on the evidence presented during the wants to expedite proceedings.
trial.
a. What must the judge do to expedite
Q: Give three instances when a lawyer is allowed to proceedings?
withdraw his/her services (2015). b. If Attorney Vidal is appointed to act as counsel
de oficio for the accused, could he refuse by
A: saying that in the province, he does not want to
1. When the client pursues an illegal or immoral do anything except ride horses and castrate
course of conduct in connection with the matter he bulls? Explain. (1993)
is handling;
2. When the client insists that the lawyer pursue A:
conduct violative of these canons and rules; a. The judge may appoint Atty. Vidal as counsel de
3. When his inability to work with co-counsel will not oficio in order to expedite the proceedings. This is
promote the best interest of the client; especially because the accused is a detention
4. When the mental or physical condition of the lawyer prisoner who is presumed to be indigent and cannot
renders it difficult for him to carry out the retain a paid counsel.
employment effectively b. Atty. Vidal cannot validly refuse the appointment as
5. When the client deliberately fails to pay the fees for counsel de oficio. While it is true that he stays in the
the services or fails to comply with the retainer province to rest during the latter part of the week as
agreement lawyer he must comply with his oath to assist in the
6. When the lawyer is elected or appointed to a public administration of justice. Precisely one of the
office; and objectives of the Integrated Bar is to compel all
7. Other similar cases. lawyers in the active practice of law to comply with
their obligation to assist the courts in the
Q: A is accused of robbery in a complaint filed by B. A administration of justice.
sought free legal assistance from the Public
Attorney’s Office (PAO) and Atty. C was assigned to Q: Should a lawyer accept the losing case in a civil
handle his case. After reviewimg the facts as stated case. Explain. (1996)
in the complaint and as narrated by A, Atty. C is
convinced that A is guilty. A: A lawyer may not accept a “losing” civil case. Firstly,
his signature in every pleading constitutes a certification
a. May Atty. C refuse to handle the defense of A and that there is good cause to support it and that it is not
ask to be relieved? Explain fully. interposed for delay (Rules of Court, Rule 7, Sec. 5).
b. In problem (A), if the lawyer is counsel de parte Secondly, it is the lawyer’s duty to counsel or maintain
for the accused and he learns later after such actions or proceedings only as appear to him to be
accepting the case and while trial is ongoing that just and such defenses only as he believes to be honestly
his client was indeed the perpetrator of the debatable under the law (Rules of Court, Rule 138, Sec.
crime, may the lawyer withdraw his appearance 20[a]). Thirdly, he is not to encourage either the
from the case? Why or why not? (2014) commencement or continuance of an action or
proceeding or delay any man’s cause for any corrupt
A: motive or interests (Rules of Court, Rule 138, Sec. 20[g]).
a. Rule 14.04 of the Code of Professional Responsibility Fourthly, he must decline to conduct a civil case or to
provides that a lawyer shall not decline to represent make a defense when convinced that it is intended
a person solely on account of his own opinion merely to harass or endure the opposite party or to
regarding the guilt of the said person. It is not the work oppression or wrong (Canons of Professional
duty of a lawyer to determine whether the accused Ethics, Canon 130). If a lawyer were to accept a bad civil
is guilty or not, but the judge’s. Besides, in a criminal case, it will either be to exert his best efforts towards a
case, the accused is presumed innocent, and he is compromise or, if unsuccessful, to advise his client to
entitled to an acquittal unless his guilt is proven confess judgment.
beyond reasonable doubt. The role of the lawyer is
to see to it that his constitutional right to due Q: Would your answer be the same if he is asked to
process is observed. be counsel for a defendant in a civil case whose
b. He may withdraw his appearance but in accordance defense is based on falsified documents? If your
with procedure in Sec. 26, Rule 138 of the Rules of answer is different, explain the ethical
Court. Moreover, Rule 19.02 of the Code of considerations for difference. (1991)
Professional Responsibility provides that “a lawyer
who has received information that his client has, in
A: If the defense in a civil case is based on falsified
the course of the representation, perpetuated a
documents the lawyer should decline. This is in
fraud upon a person or tribunal, shall promptly call
compliance with the lawyer’s oath that he should not
upon the client to rectify the same, and failing
wittingly nor willingly promote or sue any groundless

false or unlawful cause or give nor consent to the same. Candor, fairness and loyalty to clients
He is obligated not to delay a man’s cause for money or
malice. Q: Under the Code of Professional Responsibility,
what is the principal obligation of a lawyer towards
Q: When may refusal of a counsel to act as counsel de his client (2004)
oficio be justified on grounds aside from reasons of
health, extensive travel abroad, or similar reasons of A: “A lawyer shall observe candor, fairness and loyalty in
urgency? Support your answer. (2001) all his dealings and transactions with his client” (Code of
Professional Responsibility, Canon 15).
A: Other justified grounds for refusal to act as counsel de
oficio are: Privileged communications
a. Too many de oficio cases assigned to the lawyer
(People v. Daeng, 49 SCRA 222); Q: A, who is charged in Court with estafa for
b. Conflict of interest (CPR, Rule 14.03); misappropriating funds entrusted to him by B,
c. Lawyer is not in a position to carry out the work consulted Atty. C about the case with the intention of
effectively or competently (supra); engaging his services as defense counsel. Because A
d. Lawyer is prohibited from practicing law by reason could not afford to pay the fee that Atty. C was
of his public office which prohibits appearances in charging him, A engaged the services of another
court; counsel, Atty. D. At the trial of the case for the estafa
e. Lawyer is preoccupied with too many cases which against A, the prosecutor announced in open court
will spell prejudice to the new clients; and that his next witness was Atty. C, whom he was
f. Most compelling reasons (People v. Ferred, 406 SCRA
calling to the witness stand. Counsel for A, Atty. D,
658).
vigorously opposed the prosecutor’s move on the
Q: What is a lawyer’s duty if he finds that he cannot ground Atty. C may not be called as witness for the
honestly put up a valid or meritorious defense but prosecution as he might disclose a would-be client’s
his client insists that he litigate? Explain. (2002, confidence and secret. Asked by the presiding Judge
2001) what would be the nature of Atty. C’s testimony, the
prosecutor said it has something to do with how A
A: It depends, if it is a criminal case, he may not decline obtained from B the funds that the latter received
to represent the accused solely on his opinion regarding from the former but failed to account for.
the guilt of said person (Code of Professional Thereupon, Atty. A vigorously opposed the
Responsibility, Rule 14.01). The Supreme Court has held prosecutor’s motion. If you were the Judge, how
that a counsel de officio has the duty to defend his client would you rule on the matter? (1999)
no matter how guilty he perceives him to be (People v.
Nadera, Jr., 324 SCRA 490). But if the case is a civil case, A: If I were the judge, I will not allow Atty. C to take the
he should decline to accept the same. In a civil action, witness stand. When A consulted Atty. C about his case, a
the rules and ethics of the profession enjoin a lawyer lawyer-client relationship was established between
from taking a bad case. The Attorney’s signature in them. It does not matter that A did not eventually
every pleading constitutes a certification that there is engage his services because of his fees; such relationship
good cause to support it and that it is not interposed for has already been created (Hilado v. David,84 Phil 569). A
delay. It is the Attorney’s duty to counsel or maintain lawyer shall be bound by the rule on privileged
such actions or proceedings only as appear to him to be communication in respect to matters disclosed to him by
just and such defenses only as he believes to be honestly a prospective client (Code of Professional Responsibility,
debatable under the law. Rule 15.02). The rule on privileged communication
provides that an attorney cannot, without the consent of
Q: May lawyer decline a request for the free legal aid his client, be examined as to any communication made
to an indigent accused made by a chapter of the by the client to him (Rules of Court, Rule 130, Sec. 21 [b]).
Integrated Bar of the Philippines (IBP)? Explain. The prosecutor has announced that Atty. C will be asked
(2002) about how A obtained from B the funds that he failed to
account for. Atty. C’s knowledge of such matter could
A: Rule 14.02 of the Code of Professional have come only from A.
Responsibility provides that “a lawyer shall not decline,
except for serious and sufficient cause, an appointment Q: In the course of a drinking spree with Atty.
as counsel de officio for as amicus curiae or a request Holgado who has always been his counsel in
from the Integrated Bar of the Philippines or any of its business deals, Simon bragged about his recent
chapter for rendition of free legal aid.” He may, sexual adventures with socialites known for their
therefore, decline such as appointment for “serious and expensive tastes. When Atty. Holgado asked Simon
sufficient cause.” For example, he may decline such how he manages to finance his escapades, the latter
appointment if it will involve a conflict of interest with answered that he has been using the bank deposits
another client. of rich clients of Banco Filipino where he works as
manager. Is Simon’s revelation to Atty. Holgado
Q: Will your answer be different if the legal aid is covered by the Attorney-client privilege? (2006)
requested in a civil case? (2002)
A: Simon’s revelation to Atty. Holgado is not covered by
A: My answer will not be exactly the same, because in a the lawyer-client privilege. In the first place, it was not
civil case, the lawyer can also decline if he believes the made on account of a lawyer-client relationship, that is,
action or defense to be unmeritorious. He is ethically it was not made for the purpose of seeking legal advice.
bound to maintain only actions and proceedings which In the second place, it was not made in confidence
appear to him to be just and only such defenses which (Mercado v. Vitriolo, 459 SCRA 1). In the third place, the
attorney-client privilege does not cover information
he believes to be honestly debatable under the law.
9
concerning a crime or a fraud being committed or

proposed to be committed. interests if I will handle the case for the opposite party
on the same matter (Hilado v. David, 84 Phil. 571).
Q: Maria and Atty. Evangeline met each other and
became good friends at zumba class. One day, Maria Q: Explain your understanding of “Conflict of
approached Atty. Evangeline for legal advice. It Interests” under the Code of professional
turned out that Maria, a nurse, previously worked in Responsibility. (2009, 1997, 1993)
the Middle East. So she could more easily leave for
work abroad, she declared in all her documents that A: A lawyer is prohibited from representing conflicting
she was still single. However, Maria was already interests. There is conflict of interests within the context
married with two children. Maria again had plans to of the rule when, on behalf of client, it is the lawyer’s
apply for work abroad but this time, wished to have duty to contend for that which his duty to another client
all her papers in order. Atty. Evangeline, claiming requires him to oppose. Another test is whether the
that she was already overloaded with other cases, acceptance of a new lawyer-client relation will prevent a
referred Maria’s case to another lawyer. Maria found lawyer from discharging fully his duty of undivided
it appalling that after Atty. Evangeline had learned fidelity and loyalty to another client or invite suspicion
of her secrets, the latter refused to handle her case. of unfaithfulness or double-dealing in the performance
thereof.
Maria’s friendship with Atty. Evangeline
permanently turned sour after Maria filed an It is improper for a lawyer to appear as counsel for one
administrative case against the latter for failing to party against his present client even in a totally
return borrowed jewelry. Atty. Evangeline, on the unrelated case. With regard to former client, the
other hand, threatened to charge Maria with a traditional rule is to distinguish between related and
unrelated cases. A lawyer may not represent a
criminal case for falsification of public documents, subsequent client against former client in a controversy
based on the disclosures Maria had earlier made to that is related, directly or indirectly, to the subject
Atty. Evangeline. matter of the previous litigation in which he appeared
for the former client, otherwise, he may. However, in the
Was the consultation of Maria with Atty. Evangeline case of Rosacia vs. Atty.B. Bulalacao, 248 SCRA 665, the
considered privilege? Supreme Court ruled that a lawyer may not accept a case
against a former client, even on an unrelated matter.
A: The consultation of Maria with Atty. Evangeline is
considered privileged. The moment the complainant “The Court reiterates that an attorney owes loyalty to
approached the then receptive respondent to seek legal his client not in the case in which he has represented
advice, a veritable lawyer-client relationship evolved him but also after the relation of attorney and client has
between the two. Such relationship imposes upon the terminated as it is not good practice to permit after-
lawyer certain restrictions circumscribed by the ethics wards to defend in another case other person against his
of the profession. Among the burdens of the relationship former client under the pretext that the other case. It
is that which enjoins the lawyer to keep inviolate behoves respondent not only to keep inviolate the
confidential information acquired or revealed during client’s confidence but also to avoid the appearance of
legal consultations. The fact that one is, at the end of the treachery and double-dealing for only then can litigants
day not inclined to handle the client’s case is hardly of be encouraged to entrust their secrets to their attorneys
consequence. Of little moment too, is the fact that no which is of paramount importance in the administration
formal professional engagement follows consultation. of justice.”
Nor will it make any difference, that no contract
whatsoever was executed by the parties to memorialize Q: Atty. Belle Montes is a former partner in the
the relationship (Hadjula v. Madianda, A.C. No. 6711, July Rosales Law Office which is representing
3, 2007). Corporation X before the Securities and Exchange
Commission. Atty. Montes who is now practicing on
Conflict of interest his own, entered her appearance as counsel for
Corporation Y in a suit between said corporation
Q: Mrs. F, a young matron, was referred to you for and Corporation X. Atty. Montes claims that since
legal advice by your good friend in connection with she did not personally handle the case of
the matron’s jewelry business. She related to you the Corporation X when she was still with the Rosales
facts regarding a sale on consignment of pieces of Law Office she will not be representing conflicting
jewelry to someone she did not name or identify. interests. Is such argument valid? Explain. (1992)
Since she was referred to you by a close friend, you
did not bill her for the consultation. Neither did she A: Atty. Belle Montes will be deemed to be appearing for
offer to compensate you. Six months later, Mrs. G, conflicting interests if she appears for Corporation Y
the wife of the general manager of a client company against Corporation X.
of your law firm, asked you to defend her in a
criminal case for estafa filed by Mrs. F. Would you This question is similar to the case of Philippine
agree to handle her case? (1997) Blooming Mills vs. Court of Appeals. In said case, the
Philippine Blooming Mills was the retainer of the ACCRA
Law Office. Three lawyers of the ACCRA Law Office
A: First, I will inquire if the case for estafa filed by Mrs. F separated from said law firm and established their own
against the wife of the general manager is the same law office. The three lawyers were disqualified from
matter concerning which Mrs. F consulted me six appearing for a corporation against the Philippine
months before. If it is a same matter, I will not be able to Blooming Mills.
handle the case for the general manager’s wife, because
of a conflict of interests. When Mrs. F consulted me and I The rule which prohibits appearing for conflicting
give her professional advice, a lawyer-client relationship interests applies to law firms. The employment of one
was created between us, regardless of the fact that I was member of a law firm is considered as an employment of
not compensated for it. It would involve a conflict of the law firm and that the employment of a law firm is
equivalent to a retainer of the members thereof. for an amicable settlement look bright. Impressed
by your ability, Mr. “I”, the defendant, would like
Q: Primo, Segundo and Tercero are co-accused in very much to retain you as his defense counsel in a
information charging them with the crime of criminal case for homicide through reckless
homicide. They are respectively represented by imprudence. Mr. “I” wants you to forthwith enter
Attys. Juan Uno, Jose Dos and Pablo Tres. During the your appearance, the arraignment already having
pre-trial conference, Attys. Uno and Dos manifested been scheduled. Would you accept the offer? (1997)
to the court that their clients are invoking alibi as
their defense. Atty. Tres made it known that accused A: It depends. If the criminal case for homicide through
Tercero denies involvement and would testify that reckless imprudence is against Mr. “H”, I cannot accept
Primo and Segundo actually perpetrated the the same for that will involve a conflict of interest,
commission of the offense charged in the although it is an unrelated case.
information. But if it will not involve Mr. “H”, I can accept the same.
However, to avoid suspicion and misunderstanding, it
In one hearing during the presentation of the would be better if I inform Mr. “H” about the offer and
prosecution’s evidence in chief, Atty. Uno failed to secure his conformity to my handling the same.
appear in court. When queried by the Judge if
accused Primo is willing to proceed with the hearing Q: Atty. B acted as counsel for C in a civil case. He
despite his counsel’s absence, Primo gave his also acted as counsel for D against C in another civil
consent provided Attys. Dos and Tres would be case. When D lost his case against C, he filed an
designated as his joint counsel de oficio for that administrative complaint against Atty. B for conflict
particular hearing. Thereupon, the court directed of interests. Decide. (1991)
Attys. Dos and Tres to act as counsel de oficio of
accused Primo only for purposes of the scheduled A: If the case of C in the first case is entirely different
hearing. and not related with the case of D against C, there is no
conflict of interests. If the two cases however are related
Atty. Dos accepted his designation, but Atty. Tres wherein the attorney has knowledge of the evidence of C
refused. Is there any impediment to Atty. Dos acting then there is conflict of interests. Rule 15.01 provides
as counsel de oficio for accused Primo? Reason. that: A lawyer in conferring with a prospective client
(2004) shall ascertain as soon as practicable whether the
matter would involve a conflict with another client or
A: There is no impediment to Atty. Dos acting as counsel his own interest, and if so, shall forthwith inform the
de oficio for accused Primo. There is no conflict of prospective client. Rule 15.03 further provides that: A
interest involved between Primo and his client Segundo, lawyer shall not represent conflicting interests except by
considering that both are invoking alibi as their defense. written consent of all concerned given after a full
disclosure of the facts.
Q: May Atty. Tres legally refuse his designation as
counsel de oficio of accused Primo? Reason. (2004) Q: The law firm of Sale, Santiago and Aldeguer has
an existing and current retainership agreement with
A: Atty. Tres may legally refuse his designation as XYZ Corporation and ABC Company, both of which
counsel de oficio of accused Primo. Since the defense of were pharmaceutical firms. XYZ Corporation
his client Tercero is that Primo and Segundo actually discovered that a number of its patented drugs had
perpetrated the commission of the offense for which been duplicated and sold in the market under ABC
they are all charged, there is a conflict of interests Company’s brand names. XYZ Corporation turned to
between Tercero and Primo. There is conflicting the law firm and asked it to bring suit against ABC
interests if there is inconsistency in the interests of two Company for patent infringement on several counts.
or more opposing parties. The test is whether or not in What are the ethical considerations involved in this
behalf of one client, it is the lawyer’s duty to fight for an case and how are you going to resolve them? (1994)
issue or claim but it is his duty to oppose it for the other
client (Canons of Professional Ethics, Canon 6). A: A lawyer may refuse to accept the representation of a
client if he labors under conflict of interests between
Q: You are the counsel for the estate of a deceased him and the prospective client or between a present
person. Your wife is a practicing Certified Public client and the prospective client (Code of Professional
Accountant. She was asked by her client to prepare Responsibility, Canon 14, Rule 14.03). It is unprofessional
and submit an itemized claim against the estate you for a lawyer to represent conflicting interests, except by
are representing. She asks for your advice on the express consent of all concerned given after full
legal propriety of her client’s claim. What advice disclosure of the fact (Canons of Professional Ethics,
would you give her? Explain. (2003) Canon 6). A lawyer cannot accept a case against a
present client either in the same case or in a totally
A: I would advise her that it will be improper for her to unrelated case.
handle her client’s claim against the estate. As a counsel
for the estate, it is my duty to preserve the estate. Her Q: Atty. Juan Cruz, a practicing lawyer, was
client’s claim seeks to reduce the said estate. If she will employed by Pilipinas Bank as its bank attorney and
handle such claim, I can be suspected of representing notary public in three of its branches in Manila.
conflicting interests. The interests of the estate and of its While thus employed, Maria del Rio, who was
creditors are adverse to each other (Nakpil v. Valdez, 288 unaware of Atty. Cruz’s employment in the bank,
SCRA 75). Even if she is a different person, the fact that engaged Atty. Cruz’s services as a lawyer in a case
she is my wife will still give rise to the impression that that was filed by Pilipinas Bank for collection of sum
we are acting as one. of money involving one of its branches in Quezon
Q: You are the lawyer of Mr.”H”, the plaintiff, in a City which Atty. Cruz accepted. The Quezon City
11
civil case for rescission of contract. The prospects Regional Trial Court, after due proceeding and

hearing, rendered judgment in favor of Pilipinas consent amounts to a release by the clients of the
Bank and against Maria del Rio who wanted to lawyer’s obligation not to represent conflicting
appeal the adverse judgment. But upon advice of interests.
Atty. Cruz, the adverse judgment was not appealed.
Thereafter, Maria del Rio learned Atty. Cruz was Q: If you were Atty. Anama, which option would you
employed by Pilipinas Bank as one of its attorneys. take? Explain. (1993)
She now consults with you and asks you to take legal
steps against Atty. Cruz for his apparent misconduct. A: If I were Atty. Anama, I will choose the first option
What do you think of what Atty. Cruz did? Is there a and inhibit myself in the case as both entities are my
valid and legal basis to discipline him? (2006, 1999) clients. The conflict of interests between the contending
clients may reach such a point that, notwithstanding
A: In agreeing to represent Maria del Rio in a case which their consent to the common representation, the lawyer
Pilipinas Bank filed against her, Atty. Cruz violated the maybe suspected of disloyalty by one client. His
rule against representing conflicting interests. Rule continuing to act in a double capacity strikes deeply in
15.03 of the Code of Professional Responsibility provides the foundation of the attorney-client relationship.
that a lawyer shall not represent conflicting interests
except by written consent of all concerned after a full Q: Atty. Japzon, a former partner of XXX law firm, is
disclosure of the facts. It is improper for a lawyer to representing Kapuso Corporation in a civil case
appear as counsel for a person whose interest conflicts against Kapamilya Corporation whose legal counsel
with that of his present or former client, even in an is XXX law firm. Atty. Japzon claims that she never
unrelated case (Philippine National Bank v. Cedo, 243 handled the case of Kapamilya Corporation when
SCRA 1). It does not matter that the Pilipinas Bank she was still with XXX law firm. Is there a conflict of
branch in Quezon City is not one of the branches he interests? Explain. (2005)
services in Manila. The bank itself is his client. This
constitutes malpractice for which Atty. Cruz can be A: There is a conflict of interests when a lawyer
disciplined. represents inconsistent interests. This rule covers not
only cases in which confidential communications have
Q: R is a retained counsel of ABC Bank-Ermita been confided, but also those in which no confidence has
Branch. One day, his balikbayan compadre B, been bestowed or will be used. Also, there is conflict of
consulted him about his unclaimed deposits with the interests if the new retainer will require the attorney to
said branch of ABC Bank, which the bank had perform an act which will injuriously affect his first
refused to give to him claiming that the account had client in any matter in which he represents him and also
become dormant. R agreed to file a case against the whether he will be called upon in his new relation to use
bank with the Regional Trial Court (RTC) of Manila. against his first client any knowledge acquired through
B lost the case, but upon the advice of R, he no longer their connection (Santos vs. Beltran, 418 SCRA 17). Since
appealed the decision. B later discovered that R was Atty. Japzon was a partner of the XXX law firm which has
the retained counsel of ABC Bank-Ermita Branch. Kapamilya Corporation as its client, she cannot handle a
Does B have any remedy? Discuss the legal and case against it as such will involve conflict of interests.
ethical implications of the problem. (2014) The employment of a law firm is equivalent to the
retainer of the members therof. It does not matter if
A: Atty. R clearly violated the rule against representing Atty. Japzon never handled a case of the Kapamilya
conflicting interests (Code of Professional Responsibility,
Corporation when she was still with the XXX law firm.
Rule 15.03). B may file an action to set aside the
judgment on the theory that if a lawyer is disqualified
Representation with zeal within legal bounds
from appearing as counsel for a party on account of
conflict of interests, he is presumed to have improperly
Q: Winnie retained the services of Atty. Derecho to
and prejudicially advised and represented the party in file a collection case against Carmen. Winnie paid
the conduct of the litigation from beginning to end. He Atty. Derecho a sizeable retainer’s fee which the
may also file an action for damages against Atty. R, aside latter accepted. Later, in the process of determining
from an administrative complaint due to his misconduct. the amount of debt to be collected from Carmen,
He was prejudiced by the adverse decision against him, Atty. Derecho noticed that of the total claim of 8.5
which he no longer appealed upon the advice of Atty. R. Million, certain invoices covering 3.5 Million
appeared to be irregular. Winnie while admitting
Q: Huey Company and Dewey Corporation are both the irregularity assures her lawyer that there would
retainer clients of Atty. Anama. He is the Corporate be no problem as Carmen was by nature negligent in
Secretary of Huey Company. He represents Dewey keeping her records and would not notice the
Corporation in three pending litigation cases. Dewey mistakes anyway. Atty. Derecho tried to convince
Corporation wants to file a civil case against Huey Winnie to exclude the amount of 3.5 Million but
Company and has requested Atty. Anama to handle Winnie refused. As a consequence Atty. Derecho
terminated their relationship and withdrew from
the case. What are the options available to Atty.
the case. Was Atty. Derecho right in terminating
Anama? Explain your answer. (1993) their relationship and withdrawing from the case?
How about the fact that he had already accepted a
A: The options available to Atty. Anama are: sizeable retainer’s fee from his client? Discuss fully.
1. To decline to accept the case because to do so will (1995)
constitute representing conflicting interests. It is
unethical for a lawyer to represent a client in a case A: Atty. Derecho was right in terminating the lawyer-
against another client in the said case.
client relationship and withdrawing from the case. Rule
2. To accept to file the case against Huey Company,
22.01 of the Code of Professional Responsibility provides
after full disclosure to both retained clients and
that a lawyer may withdraw his services when the client
upon their express and written consent. The written
pursues an illegal or immoral course of conduct in
consent may free him from the charge of
connection with the matter he is handling, or when the
representing conflicting interests, because written
client insists that the lawyer pursue conduct violative of
the canons and rules. Rule 15.07 provides that a lawyer and grossly immoral acts, which might lessen the trust
shall impress upon his client compliance with the laws and confidence reposed by the public in the fidelity,
and the principles of fairness. While he owes his client honesty, and integrity of the legal profession,
warm zeal, it should always be within the bounds of the consequently, the Court disbarred him.
law (Code of Professional Responsibility, Canon 19). The
fact that Atty. Derecho had already accepted a sizeable Competence and diligence
retainer’s fee should make no difference on his decision
to withdraw. Moreover, he may retain the fees he has Q: Attorney M accepted a civil case for the recovery
already received, his withdrawal being justified (Pineda, of title and possession of land in behalf of N.
Legal & Judicial Ethics, 1994 edition, p. 223), unless the Subsequently, after the Regional Trial Court had
same is unconscionable. issued a decision adverse to N, the latter filed an
administrative case against attorney M for
Fiduciary relationship disbarment. He alleged that attorney M caused the
adverse ruling against him; that Attorney M did not
Q: A lawyer charged his client P10, 000.00 for filing file an opposition to the Demurrer to Evidence filed
fees pertaining to the complaint he filed in court. He in the case, neither did he appear at the formal
actually spent only P1, 000.00. He did not account hearing on the demurrer, leading the trial court to
the balance. May his client charge him for assume that plaintiff’s counsel (Attorney M)
misconduct as a member of the Philippine bar? appeared convinced of the validity of the demurrer
Explain your answer. (1990) filed; that attorney M did not even file a motion for
reconsideration, causing the order to become final
A: The client may charge his lawyer with misconduct for and executory; and that even prior to the above
not accounting for the balance on P9, 000.00. It is well- elements and in view of attorney M’s apparent loss
settled that where the client gives his lawyer money for of interest in the case, he verbally requested
a specific purpose, such as to pay the docket fees for the attorney M to withdraw, but attorney M refused.
filing of an action in court, so much of the money not Complainant further alleged that Attorney M abused
used for the purpose belongs to the client and the his client’s trust and confidence and violated his
lawyer holds in it trust for him. And it is the lawyer’s oath of office in failing to defend his client’s cause to
duty to promptly account for all money received from the very end.
his client. For this reason, the lawyer’s failure to account
for the balance of the money not spent for filing fees will Attorney M replied that N did not give him his full
render him liable for misappropriation, which is a cooperation; that the voluminous records turned
ground for disbarment. over to him were in disarray, and that when he
appeared for N, he had only half of the information
Client’s moneys and properties; Fidelity to client’s cause and background of the case; that he was assured by
N’s friends that they had approached the judge; that
Q: C engaged the services of attorney D concerning they requested him (M) to prepare a motion for
various mortgage contracts entered into by her reconsideration which he did and gave to them;
husband from whom she is separated fearful that however, these friends did not return the copy of the
her real estate properties will be foreclosed and of motion. Will the administrative case proper? Give
impending suits for sums of money against her. reasons for your answer. (2007)
Attorney D advised C to give him her land titles
covering her lots so he could sell them to enable her A: The administrative case will prosper. In failing to file
to pay her creditors. He then persuaded her to an opposition to the Demurrer to Evidence and to
execute deeds of sale in his favor without any appear at the hearing thereof, and, more so, in failing to
monetary or valuable consideration, to which C file a motion for reconsideration of the order granting
agreed on condition that he would sell the lots and the demurrer, thereby causing the same to become final
from the proceeds pay her creditors. Later on, C and executory, Attorney M violated Canon 18 of the Code
came to know that attorney D did not sell her lots of Professional Responsibility, which provides that a
but instead paid her creditors with his own funds lawyer shall serve his client with competence and
and had her land titles registered in his name. Did diligence, and Rule 18.03 which provides that a lawyer
attorney D violate the Code of Professional shall not neglect a legal matter entrusted to him and his
Responsibility? Explain. (2009, 2007) negligence in connection therewith shall make him
liable.
A: The decision of the Supreme Court in the case of
Hernandez v. Go (450 SCRA 1) is squarely applicable to In refusing to comply with N’s request to withdraw from
this problem. Under the same set of facts, the Supreme the case, Atty. M violated the rule that a client has the
Court held the lawyer to have violated Canons 16 and 17 absolute right to terminate the lawyer client
of the Code of Professional Responsibility, which provide relationship at any time with or without cause.
as follows:
Atty. M’s defense that the voluminous records turned
over to him were in disarray and when he appeared for
Canon 16. A lawyer shall hold in trust all
moneys and properties of his client hat may B he had only half of the information and background of
come into his possession. the case, is not meritorious. Rule 18.02 provides that he
shall not handle any legal matter without adequate
Canon 17. A lawyer owes fidelity to the cause preparation. He should have been competent and
of his client and he shall be mindful of the diligent enough to organize the records given to him,
trust and confidence reposed in him. and not go to trial with only half of the information and
knowledge of the case. It is his duty to go to trial to go to
The Supreme Court further held that the lawyer trial adequately prepared (Code of Professional
13
concerned has engaged in deceitful, dishonest, unlawful Responsibility, Rule 12.01).

plead guilty to the crime as charged. Canon 19, Rule
His defense that friends of N assured him that they will 19.02 of the Code of Professional Responsibility
file a motion of reconsideration, which he allegedly did states that, “a lawyer who has received information
and gave to them, is incredible. Even if true, Atty. M that his cliend has, in the course of the
violated Canon 13 of the Code of Professional representation, perpetrated a fraud upon a person
Responsibility which provides that “a lawyer shall rely or tribunal, shall promptly call upon the cloent to
upon the merits of his cause and refrain from any rectify the same, and failing which he shall
impropriety which tends to influence or gives the terminate the relationship with such client in
appearance of influencing the court.” accordance with the Rules of Court.”
b. No, Christine cannot disclose Zuma’s admission to
For the matter, even his alleged giving of his motion for the court. Rule 21.02 of the Code of Professional
reconsideration to the friends of N for filing is another Responsibility provides that, “a lawyer shall not, to
instance of negligence on the part of Atty. M. He should the disadvantage of his client, use information
have taken care to file his motion himself (Francisco v. acquired in the course of employment, nor shall he
Portugal, 484 SCRA 57). use the same to his own advantage or that of a third
person, unless the client with full knowledge of the
Q: What should a lawyer, generally obligated by law circumstances consents thereto.” Christine cannot
to accept a retainer, do if he knows or should know disclose the admission without violating the
that he is not qualified to render the legal service abovementioned canon. The information disclosed
required? Explain. (2001) is in the nature of a privileged communication,
hence, she cannot disclose it to the court without
A: “A lawyer shall not undertake a legal service which he Zuma’s consent.
knows or should know that he is not qualified to render. c. Christine cannot withdraw as counsel of Zuma. Rule
However, he may render such service if, with the 14.01 of the Code of Professional Responsibility
consent of his client, he can obtain as collaborating states that, “a lawyer shall not decline to represent a
counsel a lawyer who is competent on the matter.” (Code person solely on account of the latter’s race, sex,
of Professional Conduct, Rule 18.0) creed or status of life, or because of his own opinion
regarding the guilt of said person.” Despite the
Competence and diligence; Adequate protection admission of Zuma, Christine cannot withdraw as
Zuma’s counsel because Zuma is still considered
Q: X was indicted for murder. As he had no counsel innocent until proven guilty. Further, there may be
on arraignment, the trial court appointed Atty. A as mitigating circumstances that Christine may raise as
his counsel de oficio. When Atty. A asked X what was a defense that is favorable to Zuma.
his stand, X said he was guilty. X thereupon pleaded
guilty. Trial was thereafter conducted. When the Q: What steps should first be done by the attorney
turn of the defense to present evidence came, Atty. A before he can endorse or object to his client’s
manifested that he was not presenting any and that intention to plead guilty? State your reasons. (2001)
he was submitting the case for decision, praying that
X’s plea be considered mitigating. Did Atty. A’s A: It is the duty of the defense counsel to (a) study
assistance or conduct approximate the competence thoroughly the record and surrounding circumstances of
and diligence which the Code of Professional the case and determine if there are valid defenses he can
Responsibility expected him? Explain. (2000) use, (b) confer with the accused and obtain from him his
account of what had happened, (c) advise him of his
A: No, it is the duty of the defense counsel when his constitutional and statutory rights, including
client desires to enter a plea of guilty to fully acquaint advisability of entering plea bargaining, (d) thoroughly
himself with the facts and surrounding circumstances of explain to him the impact of a guilty plea and the
the case, advise his client of his constitutional rights and inevitable conviction that will follow, and (e) if the client
the full import of a plea of guilty, see to it that the still insists on pleading guilty, see to it that the
prescribed procedure is observed, present evidence, prescribed procedure necessary to the administration of
including possible mitigating circumstances, so that the justice is strictly followed and disclosed in the court
precise degree of his client’s culpability is established records.
and the appropriate penalty is imposed, and thus leave
no room for doubt that there was a mistake and Negligence
misunderstanding as to the nature of the charges to
which his client has pleaded guilty. Atty. A has fallen
short of this required conduct. Q: Nene approached Atty. Nilo and asked him if it
was alright to buy a piece of land which Maneng was
Q: Christine was appointed counsel de oficio for selling. What was shown by Maneng to Nene was an
Zuma, who aws accused of raping his own daughter. Original Certificate of Title with many annotations
Zuma pleaded not guilty but thereafter privately and old patches, to which Nene expressed
admitted to Christine that he did commit the crime suspicions. However, Atty. Nilo, desirous of pushing
charged. through with the transaction because of the high
notarial fee promised to him, told Nene that the title
a. In light of Zuma’s admission, what should was alright and that she should not worry since he is
Christine do? Explain. an attorney and that he knew Maneng well. He
b. Can Christine disclose the admission of Zuma to notarized the Deed of Sale and Nene paid Maneng
the court? Why or why not? P108,000.00. It turned out that Maneng had
c. Can Christine withdraw as counsel of Zuma previously sold the same property to another
should he insist in going to trial? Explain. (2008) person. For the injustice done to Nene, may Atty.
Nilo be disciplined? (1998)
A: A: Yes. Atty. Nilo is guilty of gross negligence in
a. Christine should suggest to Zuma that he should protecting the interests of his client. A lawyer shall not
neglect a legal matter entrusted to him, and his If a lawyer cannot contact his client at once after
negligence in connection therewith shall render him receiving the adverse decision, the prudent step for him
liable (Code of Professional Responsibility, Rule 18.03). to take is to file a notice of appeal, and withdraw it
Worse, he was negligent because he placed his own afterwards if his client should decide against the appeal.
interest in receiving a high notarial fee over and above It is the client’s decision whether or not to appeal.
the interest of his client. As a lawyer, Atty. Nilo owes it to
Nene to exercise his utmost lerning and ability in Collaborating counsel
maintaining the cause of his client. In the case of
Nadayag v. Grageda, 237 SCRA 202, which involves Q: Atty. A discovered his client’s fraud against the
similar facts, the Supreme Court held that the lawyer adverse party. What steps should he take so that his
“should have been conscientious in seeing to it that client will secure only that which is legally and
justice permeated every aspect of a transaction for justifiably due him? (2001)
which his services had been engaged, in conformity with
the avowed duties of a worthy member of the Bar.” A: “A lawyer shall not undertake a legal service which he
knows or should know that he is not qualified to render.
Q: Due to the number of cases handled by Atty. However, he may render such service if, with the
Cesar, he failed to file a notice of change of address consent of his client, he can obtain as collaborating
with the Court of Appeals. Hence, he was not able to counsel a lawyer who is competent on the matter” (Rule
file an appellant’s brief and consequently, the case 18.0 Code of Professional Conduct).
was dismissed. Aggrieves, Atty. Cesar filed a motion
for reconsideration of the resolution dismissing the Q: Under Canon 19 of the Code of Professional
appeal and to set aside the entry of judgment on the Responsibility, “a lawyer shall represent his client
ground that he already indicated in his “Urgent with zeal within the bounds of the law.” How far, in
Motion for Extension of Time to File Appeal Brief” general terms, may lawyer go in advocating,
his new address and that his failure to file a notice of supporting and defending the cause of his client in a
change of address is an excusable negligence. Will criminal case filed against the latter? (2003)
the motion prosper? Explain. (2005)
A: “The right to counsel must be more than just the
A: The motion will not prosper. It is the lawyer’s duty to presence of the lawyer in the court room or the mere
inform the court or to make of record of his change of propounding of the standard questions and objections.
address. His failure to do so does not constitute The right to counsel means that the accused is simply
excusable negligence. The lawyer cannot presume that accorded legal assistance extended by a counsel who
the court will take cognizance of the new address in his commits himself to the cause of the defense and acts
motion for extension of time (Philippines Suburban Dev. accordingly. The right assumes an active involvement by
Corp. v. Court of Appeals, 100 SCRA 109). The legal the lawyer in the proceedings, particularly at the trial of
profession demands of a lawyer that degree of vigilance the case, his bearing constantly in mind the basic rights
and attention expected of a good father of a family (PBC of the accused, his being well-versed on the case and his
v. Aruego, CA-G.R. No. 28274, June 18, 1965). knowing the fundamental procedure, essential laws and
existing jurisprudence. The right of an accused to
Q: On account of his mistake, is counsel liable to his counsel finds substance in the performance by the
client for damages? Explain. (2002) lawyer of his sworn duty of fidelity to his client. Tersely
put, it means an efficient and truly decisive legal
A: A lawyer shall not neglect a legal matter entrusted to assistance and not a simple perfunctory representation”
him and his negligence in connection therewith shall (People v. Bernas, 306 SCRA 293, cited in People v. Sta.
make him liable (Code of Professional Responsibility, Rule Teresa, 354 SCRA 697). However, a lawyer shall employ
18.03). A client who suffers prejudice by reason of his only honorable and honest means in the maintenance of
counsel’s inexcusable negligence in the discharge of his his client’s cause (Rules of Court, Rule 128, Sec. 20).
duty may file an action for damages against him.
However, there must be a showing that had the lawyer Q: Under the Code of Professional Responsibility, a
exercised due diligence, the client under the facts and lawyer owes fidelity to the cause of his client and
the law would have succeeded in recovering from the shall represent his and shall represent his client
adverse party or in resisting the claim of the latter. with zeal in the maintenance and defense of his
rights. How far, in general terms, may a lawyer go in
Duty to apprise client advocating, supporting and defending his client’s
rights and interests? (1997)
Q: After reading the decision against his client Jose
Kapuspalad, Atty. Calmante was convinced that it
A: Rule 19.01 of Code of Professional Responsibility
had a reasonable basis and that he would have
difficulty obtaining a reversal. For this reason, Atty. provides that a lawyer shall employ only fair and honest
Calmante did not appeal. When Jose learned about means to obtain the lawful objectives of is client. In
the judgment against him, he blamed Atty. Calmante championing the cause of his client, a lawyer should
for not taking a timely appeal and filed an employ only such means are consistent with truth and
administrative complaint for negligence against the honor. He should not go beyond the bounds of the ethics
latter. Decide the case. (2002) of his profession.
A: I would rule in favor of Jose Kapuspalad. In Reontoy v. Client’s fraud

Ibadlit, 285 SCRA 88, the Supreme Court found a lawyer
to be negligent for failing, first of all, to notify his client Q: Atty. Bravo represents Carlos Negar (an insurance
about the adverse decision, and, secondly, for failing to agent for Dormir Insurance Co.) in a suit filed by
15
file an appeal in the belief that such appeal would be insurance claimant Andy Limot who also sued
useless. He thus deprived his client of his right to appeal. Dormir Insurance. The insurance policy requires the

insured/claimant to give a written notice to the client disregard the contract for attorney’s fees
insurance company or its agent within 60 days from (Rilloraza v. Eastern Telecommunications Phils., 308 SCRA
the occurrence of the loss. 566).
Limot testified during the trial that he had mailed Q: Mindful that the law is a profession and not a
the notice of the loss to the insurance agent, but trade or business, what are the factors must you, as
admitted that he lost the registry receipt so that he a lawyer, consider in charging reasonable
did not have any documentary evidence of the fact of compensation for your services? (2014, 1994)
mailing and of the timeliness of the mailed notice.
Dormir Insurance denied liability, contending that A:
the timely notice had not been given either to the a. The time spent and the extent of the services
company or its agent. Atty. Bravo’s client, agent rendered or required;
Negar, testified and confirmed that he never b. The novelty and difficulty of the questions involved;
received any notice. c. The importance of the subject;
d. The skill demanded;
A few days after Negar testified, he admitted to Atty. e. The probability of losing other employment as a
Bravo that he had lied when he denied receipt f result of acceptance of the preferred case;
Limot’s notice; he did receive the notice by mail but f. The customary charges for similar services and the
immediately shredded it to defeat Limot’s claim. schedule of fees of the IBP chapter to which he
If you were Atty. Bravo, what would you do in light of belongs;
your client’s (Carlos Negar’s) disclosure that he g. The amount involved in the controversy and the
perjured himself when he testified? (2013) benefits resulting to the client from the services;
h. The contingency or certainty of compensation;
A: If I were Atty. Bravo, I shall promptly call upon Carlos i. The character of the employment, whether
occasional or established; and
Negar, my client, to rectify his perjured testimony by
j. The professional standing of the lawyer (Code of
recanting the same before the court. Professional Responsibility, Canon 20, Rule 20.1).
Should he refuse or fail to do so I shall then terminate
my relationship with him (Code of Professional Q: Cite some of the characteristics of the legal
Responsibility, Canon 19, Rule 19.02) stating that with his profession which distinguish it from business
having committed perjury he pursued an illegal conduct (2015).
in connection with the case (CPR, Canon 22, Rule 22.01).
A: The primary characteristics which distinguish the
Since my client Limot refuses to forego the advantage
legal profession from a business are:
thus unjustly gained as a result of his perjury, I should
promptly inform the injured person or his counsel, so 1. A duty of public service of which emolument is a by-
that they may take the appropriate steps (Canons of product, and in which one may attain the highest
Professional Ethics, Canon 41). eminence without making much money;
2. A relation as officer of the court to the
Finally, as part of my duty to do no falsehood, nor administration of justice involving thorough
consent to the doing of any in court (Code of Professional sincerity, integrity and reliability;
Responsibility, Canon 10, Rule 10.01, and Attorney’s Oath). 3. A relation to client in the highest degree of fiduciary;
I shall file a manifestation with the court attaching and
thereto the notice of termination as Limot’s counsel. 4. A relation to colleagues characterized by candor,
fairness and unwillingness to resort to current
Attorney’s fees business methods of advertising and encroachment
on their practice, or dealing directly with their
Q: What is your understanding of quantum meruit as clients (In Re Sycip, 92 SCRA 1).
attorney’s fees? (1998)
Q: Miss Amparo engaged the services of Atty. Rito, a
A: Quantum meruit literally means “as much as he young lawyer and her former boyfriend, to act as her
deserve”. It is a measure for the lawyer’s fees in the counsel in a case. True to his lawyer's oath, Atty. Rito
absence of a contract, or when the fees stipulated in a represented her to the best of his ability even when
contract are found unconscionable, or when the lawyer’s he had no opportunity to talk to her on the progress
services are terminated for a cause. The lawyer is of the case. When the case was terminated, Amparo
entitled to receive what he merits for his services, as refused to pay Atty. Rito fees on the ground that
much as he has earned. The factors to be taken into there was no written contract of their professional
consideration are enumerated in Rule 22 of the Code of relationship. Can Amparo justify her action? (1991)
Professional Responsibility.
A: Amparo may not justify her refusal to compensate
Q: When is recovery of attorney’s fees based on Atty. Rito for his legal services. An attorney is entitled to
quantum meruit allowed? (2014, 2007) attorney’s fees for services rendered even in the absence
of a contract for attorney’s fees.
A: Recovery of attorney’s fees on the basis of quantum
meruit is authorized (1) when there is no express Q: If Amparo cannot, upon what basis then may Atty.
contract for payment of attorney’s fees agreed upon Rito be compensated? What are the considerations
between the lawyer and the client; (2) when although to be taken into account? (1991)
there is a formal contract for attorney’s fees, the fees
stipulated are found unconscionable or unreasonable by A: Atty. Rito has the right to demand attorney’s fees
the court; and (3) when the contract for attorney’s fees based on an implied contract and for services rendered.
is void due to purely formal defects of execution; (4) The determination of the amount of attorney’s fees will
when the counsel, for justifiable cause, was not able to be based on quantum meruit, namely; time spent and
finish the case to its conclusion; (5) when lawyer and
extent of services rendered; novelty of the case; Union and National Insurance Co.,76 Phil. 325). It might
importance of the subject matter; skill demanded; even turn out to be unproductive for him for potential
probability of losing other employment; customary clients are likely to avoid a lawyer with a reputation of
changes, amount involved; contingency or certainty of using his clients.
compensation; professional standing and capacity of the
client to pay. Q: What is “Assumpsit” and when is it proper?
(2006)
Q: Atty. Chito Sobretodo was retained by Buddy
Capilla to handle his case in the Securities and A: Assumpsit is an action in common law for the
Exchange Commission. There is a tax angle so recovery of damages for the non-performance of a parol
Sobretodo consulted Atty. Romy Collado, a tax or simple contract (Bouvier’s Law Dictionary, Vol. 1). The
expert, and for his assistance shared 50% of the term has been used in relation to the collection of
retainer fees with Collado. Is this proper? Explain attorney’s fees on a quantum meruit basis. Where the
your answer. (1990) lawyer has been employed without a contract for his
compensation, he is entitled to recover an amount his
A: There is no impropriety in the sharing of attorney’s services merit, on the basis of an implied promise by the
fees with tax expert Atty. Romy Collado. This is client to pay for such services. This has been referred to
delegation of work and not delegation of a case. As long as assumpsit on quantum meruit (Quiban v. Robino, 171
as Atty. Sobretodo is responsible to his client, Buddy SCRA 768).
Capilla, even if he delegated the research work to Atty.
Collado, there is no impropriety in said arrangement. Contingency fee arrangements
What is prohibited by the Code of Professional
Responsibility is splitting of attorney’s fees with a non-
lawyer. Q: For services to be rendered by Atty. Delmonico as
counsel for Wag Yu in a case involving 5,000 sq.m. of
land, the two agreed on a success fee of P50,000 plus
Q: A real estate company, elated over the decision in
a case regarding a dispute over a personal matter 500 sq.m. of the land. The trial court rendered
between its top sales representative and his judgment in favor of Wag Yu which became final and
executory. After receiving P50,000, Atty. Delmonico
neighbor, gifted Atty. O, who represented its sales
demanded the transfer to him of the promised 500
representative in the litigation, with a 240-square-
sq.m. Instead of complying, Wag Yu filed an
meter lot in its newly developed subdivision. The
administrative complaint charging Atty. Delmonico
case handled by Atty. O had nothing to do with the
with violation of the Code of Professional
sales representative in the litigation, with a 240
Responsibility and Art. 1491(5) of the Civil Code for
square-meter lot in its newly developed subdivision.
demanding the delivery of a portion of the land
The case handled by Atty. O had nothing to do with
subject of litigation.
the sales representative’s work for the real estate
company. The latter’s offer of the lot, which Atty. O
Is Atty. Delmonico liable under the Code of
accepted, was in consideration of its sales
Professional Responsibility and the Civil Code?
representative’s being the firm’s number one
Explain. (2010, 2008)
salesman. Was there a breach of the Code of
Professional Responsibility by Atty. O when he
A: Atty. Delmonico is not guilty of violating the Code of
accepted the 240 square-meter lot? (1997)
Professional Responsibility and the Civil Code.
A: Rule 20.03 of the Code of Professional Responsibility He and his client agreed on a success fee of P50,000 plus
provides that a lawyer shall not, without the full 500 sq.m. of the land involved in the case that he was
knowledge and consent of the client, accept any fee, handling. This is a contingent fee contract which is
reward, costs, commission, interest, rebate of allowed under Canon 20, Rule 20.01 of the Code of
forwarding allowance or other compensation Professional Responsibility and Canon 13 of the Code of
whatsoever related to his professional employment Professional Ethics. A contingent fee agreement does not
from anyone other than the client. “(T)here should be no violate Art. 1491 of the Civil Code because the transfer or
room for suspicion on the part of the client that his assignment of the property in litigation takes effect only
lawyer is receiving compensation in connection with the after the finality of a favourable judgment (Director of
case from third persons with hostile interest” (Report of Lands v. Ababa, 88 SCRA 513).
IBP Committee). Even if the secret compensation comes
from a friendly person, if the act is discovered, it is Q: Mrs. Amy Dizon’s husband was killed in a traffic
bound to create dissension in the client-lawyer accident. She wants to sue the bus company for
relationship. Worse, the lawyer will be able to enrich damages but she cannot afford a lawyer. She
himself by receiving more than what is due him as approached Atty. Larry Rio who agreed to handle
attorney’s fees (Pineda, 1995). the case without any retainer’s fee or expenses on
her part, on the condition that in case of recovery of
Q: Discuss the propriety of a lawyer filing a suit damages, he shall get 33% of the award by the court.
against his client concerning his fees. (1998) Is this arrangement valid and permissible? Decide
with reasons. (1990)
A: Rule 20.04 of the Code of Professional
Responsibility provides that “a lawyer shall avoid A: In the recent case of Angel L. Bautista v. Atty. Ramon A.
controversies with his clients concerning his Gonzales, A.M. No. 1625, February 12, 1990, the Supreme
compensation and shall resort to judicial action only to Court held that an agreement as to attorney’s fees which
prevent imposition, injustice or fraud.” The legal provides that the lawyer shall defray all the expenses of
profession is not a money-making trade but a form of the suit, “is contrary to Canon 42 of the Canons of
public service. Lawyers should avoid giving the Professional Ethics which provides that a lawyer may not
17
impression that they are mercenary (Perez v. Scottish properly agree with a client to pay or bear the expenses
of litigation. The Court added that “although a lawyer

may in good faith, advance the expenses of litigation, the out of whatever Farida may receive upon the
same should be subject to reimbursement.” And, “an termination of the case. What kind of contract is
agreement whereby an attorney agrees to pay the this? (2010)
expenses of proceedings to enforce the client’s rights is
champertous” and “against public policy especially A: This appears to be a champertous contract, which is
where, as in this case, the attorney has agreed to carry invalid. Atty. Garudo agreed to shoulder all expenses in
on the action at his own expense in consideration of connection with the case, and Farida will reimburse him
some bargain to have part of the thing in dispute.” only out of whatever Farida may receive upon
termination of the case. In other words, Atty. Garudo
will be reimbursed only if he will be successful in
The arrangement between Amy Dizon and Atty. Larry
winning the case for Farida. If he is not successful, he
Rio, which provides that the latter will handle the case will not be reimbursed. He is, thus, investing in the
without any retainer’s fee or expenses on her part, can outcome of the case.
be taken to mean that the lawyer will carry out the case
at his own expense without reimbursement. On the basis Q: A inherited a parcel of land situated in Batasan
of the foregoing decision of the Supreme Court, such an Hills which is occupied by informal settlers. He
arrangement is invalid. wants to eject the occupants, but he has no financial
means to pursue the ejectment case. He contracted
However, the contingent fee contract is not prohibited the services of Atty. B, who agreed to defray all the
by law and is impliedly sanctioned. A contingent fee is expenses of the suit on the condition that he will be
however closely supervised by the court to safeguard paid one-half (1/2) of the property to be recovered
the client from unjust charges, and its validity depends, as his compensation. What is this kind of attorney’s
in large measure, upon the reasonableness of the fees? Can Atty. B enforce this contract against A?
amount fixed under the circumstances of the case. A What are the respective remedies relative to the
contingent fee of 33% of the amount of recovery may be collection of attorney’s fees, if any, of A and Atty. B
reasonable if the bus company fights the case until the against each other? (2014)
Supreme Court and the litigation is hard-fought and long
drawn; it may be unreasonable if the bus company A: This is a champertous fee agreement because Atty. B
agrees to compromise. But the fact that a contingent fee agreed to defray all the expenses of the action and will
is unreasonable does not preclude the lawyer from be paid only if he is successful in recovering A’s
being paid his fees on quantum meruit basis. property. Atty. B cannot enforce it because it is contrary
to public policy and the ethics of the legal profession.
The remedy of A is to file an action to have the
Q: What is a champertous contract? (2000) agreement declared null and void, or simply to refuse to
pay attorney’s fees to Atty. B on the basis of the said
A: In a champertous contract, the lawyer agrees to agreement. On the other hand, Atty. B will still be
spend for all the litigation expenses in consideration for entitled to collect attorney’s fees on a quantum meruit
a bigger percentage as fees on the property subject of basis. He may bring an action to collect such fees.
litigation. It is contrary to public policy and invalid
because it violates the fiduciary relationship between Preservation of client’s confidences
the lawyer and his client (Bautista v. Gonzales, 182 SCRA
151). In effect, he is investing in the case with the Q: Six months ago, Atty. Z was consulted by A about a
expectation of making profit. The practice of law is a four-door apartment in Manila left by her deceased
profession and not a business venture. parents. A complained that her two siblings, B and C,
who were occupying two units of the apartment,
Q: Distinguish between a champertous contract and were collecting the rentals from the other two units
a contingent fee contract. (2000, 1999) and refusing to give her any part thereof. Atty. Z
advised A to first seek the intervention of her
A: A contingent fee contract is an agreement in which relatives and told her that, if this failed, he would
the lawyer’s fee, usually a fixed percentage of what may take legal action as A asked him to do. Today,
be recovered in the action, is made to depend upon the September 22, 2002. B asks Atty. Z to defend him in
success in the effort to enforce or defend the client’s a suit brought by A against him (B) and C through
right. It is a valid agreement. It is different from a another counsel. Should Atty. Z tell B that A
champertous contract in that the lawyer does not consulted him earlier about the same case? Why?
undertake to shoulder the expenses of litigation. (2002)
Q: The contract of attorney’s fees entered into by A: Rule 21.07 of the Code of Professional Responsibility
Atty. Quintos and his client, Susan, stipulates that if a provides that “a lawyer shall not reveal that he has been
judgment is rendered in her favor, he gets 60% of consulted about a particular case except to avoid
the property recovered as a contingent fee. In turn, possible conflict of interests.” In this case, he has to
he will assume payment of all expenses of litigation. reveal to B that he had been consulted by A with respect
Is the agreement valid? (2006) to the particular case where B has offered to retain his
services. This revelation should be done in order to
avoid a possible conflict of interests.
A: The agreement that a lawyer will assume payment of
all the expenses of litigation makes it a champertous
contract, which is invalid. Withdrawal of services
Q: Farida engaged the services of Atty. Garudo to Q: Cite at least five (5) valid reasons under any of
represent her in a complaint for damages. The two which a lawyer may be allowed to withdraw from a
agreed that all expenses incurred in connection with case even without her client’s consent. (1997)
the case would first be shouldered by Atty. Garudo
and he would be paid for his legal services and A:
reimbursed for all expenses which he had advanced a. When the client pursues an illegal or immoral
course of conduct in connection with the matters he rested its case. The reason for the withdrawal of
(the lawyer) is handling. Atty. X was the failure of accused Y to affix his
b. When the client insists that the lawyer pursue conformity to the demand of Atty. X for increase in
conduct violative of these canons and rules. attorney’s fees. Is the ground for withdrawal
c. When his inability to work with co-counsel will not justified? Explain. (2000)
promote the best interest of the client.
d. When the mental or physical condition of the lawyer
A: The ground for withdrawal is not justified. Rule 22.01
renders it difficult for him to carry out the
(e) of the Code of Professional Responsibility provides
employment effectively.
e. When the lawyer is elected or appointed to a public that a lawyer may withdraw his services when the client
office. deliberately fails to pay the fees for his services or fails
f. Other similar cases (Code of Professional to comply with the retainer agreement. He has only
Responsibility, Rule 22.01). refused to agree with the lawyer’s demand for an
increase in his fees. It is his right to refuse; that is part of
Q: On the eve of the initial hearing for the reception his freedom of contract.
of evidence for the defense, the defendant and his
counsel had a conference where the client directed Suspension, Disbarment and Discipline of Lawyers
the lawyer to present as principal defense witnesses (Rule 139-B, Rules of Court)
two (2) persons whose testimonies were personally
known to the lawyer to have been perjured. The Q: D was charged with estafa by C before the
lawyer informed his client that he refused to go barangay for misappropriating the proceeds of sale
along with the unwarranted course of action of jewelry on commission. In (the) settlement of the
proposed by the defendant. But the client insisted on case, D turned over to the barangay captain, a
his directive, or else he would not pay the agreed lawyer, the amount of P2,000.00 with the request
attorney’s fees. When the case was called for hearing that the barangay captain turn over the money to C.
the next morning, the lawyer forthwith moved in Several months passed without C being advised of
open court that he be relieved as counsel for the the status of her complaint. C contacted D who
defendant. Both the defendant and the plaintiff’s informed her that she (D) had long before turned
counsel objected to the motion. Under the given over the amount of P2,000.00 to the barangay
facts, is the defense lawyer legally justified in captain who undertook to give the money to her (C).
seeking withdrawal from the case? Why or why not? C thus filed a case against the barangay captain who
Reason briefly. (2004) at once remitted the amount of P2,000.00 to C. May
the barangay captain be faulted administratively?
Explain. (2000, 1992)
A: Yes, he is justified. Under Rule 22.01 of the Code of
Professional Responsibility, a lawyer may withdraw his
services “if the client insists that the lawyer pursue A: Yes. The Code of Professional Responsibility applies to
conduct violative of these canons and rules”. The lawyers who are in the government service. As a general
insistence of the client that the lawyer present witnesses rule, a lawyer who holds a government office may not be
whom he personally knows to have been perjured, will disciplined as a member of the bar for misconduct in the
expose him to criminal and civil liability and violate his discharge of his office as a government official. However,
duty of candor, fairness and good faith to the court. if that misconduct as a government official is of such
character as to affect his qualification as a lawyer or to
Q: Atty. A objects to the collaboration of Atty. B as show moral delinquency, then he may be disciplined as a
proposed by client C in a pending case. How would A, member of the bar on such ground (Dinsay v. Cioco, 264
B and C handle the situation? (2001) SCRA 703). In the case of Penticostes v. Ibanez, 304 SCRA
281, a barangay captain who failed to remit for several
A: A, B and C may handle the situation in the following months the amount given to him for payment of an
manner – obligation, was found to have violated the Code of
Professional Conduct.
“A” can offer to withdraw his services. Rule 22.01 (c) of
the Code of Professional Responsibility allows a lawyer to Q: Atty. X was retained by E in a case for violation of
withdraw his services if his inability to work with co- B.P. Blg. 22 filed by B before the scheduled hearing.
counsel will not promote the best interest of his client. Atty. X assured B that E would pay the value of the
Here, by objecting to the collaboration of Atty. B, Atty. A dishonored check. Elated at the prospect of being
foresees his inability to work with the former. “A” may paid, B wined and dined Atty. X several times. Atty. X
withdraw to give his client a free hand in protecting his convinced B not to appear at the scheduled hearings.
interest. Due to non-appearance of B, the estafa case was
dismissed for failure to prosecute. B, however, was
“B” should refuse to accept the case, otherwise, he may never paid. Thus, she filed a case for disbarment
be encroaching on the professional employment of against Atty. X. (1996)
another lawyer. A lawyer should decline association as
colleague if it is objectionable to the original counsel, but
if the lawyer first retained is relieved, another may come A: Yes, the conduct of Atty. S constitutes malpractice. A
into the case (Canons of Professional Ethics, Canon 7). lawyer owes candor, fairness and good faith to not do
any falsehood or be misled or allow the court to be
“C” the client must choose only one of the lawyers. If he misled by any artifice. He owes loyalty to his client. In a
wants Atty. B as his lawyer, he should formally case involving similar facts, the Supreme Court found
terminate the services of “A” so “B” can formally enter that the lawyer concerned obstructed the administration
his appearance in the case. of justice and suspended him for two years (Cantorne v.
Ducusin 57 Phil. 20).
Q: Atty. Walasunto has been a member of the

19
Q: Atty. X filed a notice of withdrawal of appearance

as counsel for the accused Y after the prosecution Philippine Bar for twenty (20) years but has never

plied his profession as a lawyer. His sole means of
livelihood is selling and buying real estate. In one of Q: State, with a brief explanation, whether the
his transactions as a real estate broker, he issued a lawyer concerned may be sanctioned for the conduct
bouncing check. He was criminally prosecuted and stated below:
subsequently convicted for violating B.P. Blg. 22. In 1. Filing a complaint that fails to state a cause of
the disbarment proceedings filed against him, Atty. action, thereby resulting in the defendant
Walasunto contended that his conviction for B.P. Blg. succeeding in his motion to dismiss.
22 was not a valid ground for disciplinary action 2. A suspended lawyer working as an independent
against a member of the bar. He further argued that legal assistant to gather information and secure
his act in issuing the check was done in relation to documents for other lawyers during the period
his calling as a real estate broker and not in relation of his suspension.
to the exercise of the profession of a lawyer. Are the 3. A suspended lawyer allowing his non-lawyer
contentions of Atty. Walasunto meritorious or not? staff to actively operate his law office and
Reason. (2004) conduct business on behalf of clients during the
period of suspension.
4. Keeping money he collected as rental from his
A: No. His contentions are not meritorious. In the first
client’s tenant and remitting it to the client when
place, a ground for disbarment is conviction of a crime
asked to do so.
involving moral turpitude (Rules of Court, Rule 138,
5. Refusing to return certain documents to the
Sec.27), and the violation of B.P. Blg. 22 is considered to
client pending payment of his attorney’s fees.
be a crime involving moral turpitude (People v. Tuanda,
6. An unwed female lawyer carrying on a
181 SCRA 692). In the second place, Rule 7.03 of the Code
clandestine affair with her unwed male
of Professional Responsibility provides that “a lawyer
hairdresser.
shall not engage in conduct that adversely reflects on his
7. Not paying the annual IBP dues. (2008)
fitness to practice law, nor shall he, whether in public or
private life, behave in a scandalous manner to the
A:
discredit of the legal profession.” Additionally, Rule 1.01
1. Yes. Rule 18.02 states that, “a lawyer shall not
of the same Code provides that “a lawyer shall not
handle any legal matter without adequate
engage in unlawful, dishonest, immoral or deceitful
preparation.” A lawyer should have exercised
conduct.”
diligence and made adequate preparations to
ascertain that the complaint stated a cause of action
Q: Atty. N. had an extramarital affair with O, a
to prevent the dismissal of the complaint.
married woman, as a result of which they begot a
2. Yes. Under the law, only lawyers in good standing
child P and undertook to support him. On the basis
can perform or engage in the practice of law. A
of the admission, is Atty. N. subject to disciplinary
suspended lawyer is temporarily prohibited to
action by the Supreme Court? Why? (2002)
practice the legal profession therefor he cannot
engage in the mentioned acts.
A: In the case of Tucay v. Tucay, 318 SCRA 229, the 3. Yes. Rule 9.01 states that, “a lawyer shall not
Supreme Court held that the finding that a lawyer had delegate to any unqualified person the performance
been carrying on an illicit affair with a married woman of any task which by law may only be performed by
is a “grossly immoral conduct and only indicative of an a member of the bar in good standing.”
extremely low regard for the fundamental ethics of his 4. Yes. Rule 16.01 provides that, “a lawyer shall
profession.” account for all monney or property collected or
received for or from the client.” A lawyer should
Q: Atty. BB borrowed P30,000.00 from EG to be paid account for all money he collected immediately. He
in six months. Despite reminders from EG, Atty. BB should not wait that the client would ask or demand
failed to pay the loan on its due date. Instead of for the money.
suing in court, EG lodged with an IBP chapter a 5. No. Rule 138, Section 37 of the Rules of Court states
complaint for failure to pay a just debt against Atty. that, “an attorney shall have a lien upon the funds,
BB. The chapter secretary endorsed the matter to documents and papers of his client which have
the Commission on Bar Discipline (CBD). A lawfully come into his possession and may retain
commissioner of the CBD issued an order directing the same until his lawful fees and disbursements
Atty. BB to answer the complaint against him but the have been paid, and may apply such funds to the
latter ignored the order. Another order was issued satisfaction thereof.” Hence, he may keep the
for the parties to appear before the Commissioner at documents pending payment of his attorney’s fees.
a certain date and time but only EG showed up. A 6. No. Both parties are of age and qualified to marry
third order submitting the case for resolution was each other hence the affair is not one which is
likewise ignored by Atty. BB. May disciplinary action grossly immoral. It is not so corrupt nor so
be taken against Atty. BB for his failure to pay the unprincipled to warrant sanction from the court.
loan? Why? (2002) 7. Yes. Default payment of IBP dues for six months
shall warrant suspension of membership to the IBP
A: In the case of Toledo v. Abalos, 315 SCRA 419, the and default in payment for one year shall warrant
Supreme Court held that a lawyer may not be disciplined for the removal of the member in the Roll of
for failure to pay her loan obligation. The remedy is to Attorneys.
file an action for collection against her in the regular
courts. However, unwarranted obstinacy in evading the Canons of Professional Ethics
payment of a debt has been considered as gross
misconduct (Constantino v. Saludares, 228 SCRA 233). A Q: In the course of a judicial proceeding, a conflict
lawyer is obligated to promote respect for legal opinion as to a particular legal course of action to be
processes. These include order of the Commission on taken arose between AB and CD, two (2) lawyers
Bar Discipline of the IBP. (The lawyer’s oath likewise hired by Mr. XX, a party-litigant, to act jointly as his
says: “I will obey the duly constituted authorities.”) counsel. How should such problem be resolved, and
whose opinion should prevail? What can AB, the

lawyer whose opinion was not followed, do when A: I will not accept the case if I were Atty. Lancia because
she honestly believes that the opinion of CD, the it is difficult to dismiss the suspicion that Atty. Lancia
other counsel, is not a legally and factually well- had assisted Mr. Malas for the purpose of soliciting legal
grounded as her opinion is? Explain briefly. (2004) business. It is not clear from the facts how Mr. Malas
learned that Atty. Lancia was a practicing lawyer. This
A: “When lawyers jointly associated in a cause cannot could have happened only if Atty. Lancia introduced
agree as to any matter vital to the interest of the client, himself as a lawyer. Moreover, Atty. Lancia may be
the conflict of opinion should be frankly stated to him utilized as a witness.
for his final determination. His decision should be
accepted unless the nature of the difference makes it Q: Lawyer U, a retired Tanodbayan prosecutor, now
impracticable for the lawyer whose judgment has been in the private practice of law entered his appearance
overruled to cooperate effectively. In this event, it is his for and in behalf of an accused in a case before the
duty to ask the client to relieve him (Canon of Sandiganbayan. The prosecution moved for his
Professional Ethics, Canon 7). disqualification on the ground that he (had) earlier
appeared for the prosecution in the case and is
Q: M has a pending case for collection of sum of knowledgeable about the prosecution’s evidence,
money. He is not satisfied with his lawyer N, who both documentary and testimonial. U contented that
almost always goes to court evidently unprepared. he merely appeared at the arraignment on behalf of
He wants you to promptly take over the case. You the prosecutor assigned to the case who was absent
agree to handle the case. What steps must you take at that time. Decide. (1991)
to formalize the engagement? (1997)
A: Canon 36 provides that a lawyer, having once held
A: I will ask M to first terminate or secure the public office or having been in public employ, should
withdrawal of N as his counsel. If N’s services are not, after his retirement, accept employment in
terminated, I can subsequently enter my appearance as connection with any matter he has investigated or
the new counsel of M. If he agrees to withdraw passed upon while in such office or employ. The
simultaneously with my appearance, I will prepare a contention of U that he merely appeared at the
substitution of attorney to be filed in court, containing arraignment on behalf of the absent prosecutor is not
the written conformities of M and N. enough. As a former Tanodbayan prosecutor, he
certainly had occasion to obtain knowledge about the
Q: Atty. A’s client filed a case against Atty. B’s client prosecution’s evidence.
for pirating the book of A’s client. A’s client is a
friend of B. A filed a disbarment complaint against B Q: Atty. Cua wins a case involving a donation mortis
for convincing A’s client to settle the case. Decide. causa. Afterwards, she discovers, and is convinced,
(2001) that the Deed of Donation was falsified, and that it
was her client who did the falsification. If you were
A: The complaint shall prosper. A lawyer should not in Atty. Cua, what would you do? Explain. (1993)
any way communicate upon the subject of controversy
with a party represented by counsel, much less should A: If I were Atty. Cua, I would resign as his lawyer. The
he undertake to negotiate or compromise the matter question as to whether the attorney should disclose the
with him, but should deal only with his counsel (Canons falsification to the court or to the prosecuting attorney
of Professional Ethics, Canon 9; Likong v. Atty. Lim, A.C. involves a balancing of loyalties. One ethical rule states
No. 3149, August 17, 1994). that “counsel upon the trial of a case in which perjury
has been committed owes it to the profession and the
Q: As a rule, why should an attorney not testify as a
public to bring the matter to the knowledge of the
witness for his client? (2001, 1993)
prosecuting authorities”. Another ethical rule provides
that when “a lawyer discovers that some fraud or
A: “The underlying reason for the impropriety of a deception has been practiced, which is unjustly imposed
lawyer acting in such dual capacity lies in the difference upon the court or a party, he should endeavor to rectify
between the function of a witness and that of an it; at first by advising his client, and if his client refuses
advocate. The function of a witness is to tell the facts as to forego the advantage thus unjustly gained, he should
he recalls them in answer to questions. The function of promptly inform the injured person or his counsel, so
an advocate is that of a partisan. It is difficult to that they may take appropriate steps”. A literal
distinguish between the zeal of an advocate and the application of these ethical injunctions requires the
fairness and impartiality of a disinterested witness. The disclosure of the falsification. On the other hand, the
lawyer will find it hard to disassociate his relation to his attorney’s duty to keep inviolate the client’s confidence
client as an attorney and his relation to the party as a demands that he refrain from revealing the client’s
witness.” (Agpalo) wrongdoing, the same being a past offense. Resigning as
a lawyer will enable the lawyer to observe such
Q: While Atty. Ambo Lancia was on his way to office loyalties. If the decision is already final, as a lawyer, I
in Makati, he chanced upon a vehicular accident would advise my client to withdraw any claim on the
involving a wayward bus with a small Kia whose donation mortis causa and have the property be given to
driver, Mr. Malas, suffered serious physical injuries. the rightful owner of the property in subject matter of
Coming to the succor of the badly injured Mr. Malas, the donation.
Atty. Lancia drove him to the nearest hospital. On
their way to the hospital, Mr. Malas found out that This action is in compliance with my duty as a lawyer to
Atty. Lancia was a practicing lawyer. In gratitude for assist in the administration of justice and in compliance
his help, Mr. Malas retained Atty. Lancia to file suit of my oath: “I will do no falsehood, nor consent to the
against the bus company and its driver. If you were
21
doing of any in court; that I will not wittingly or willingly

Atty. Lancia; would you accept the case? (1994) promote or sue any groundless, false and/or unlawful

suit, nor give aid nor consent to the same”. Hermano to discuss how the case may be expedited. In
performing judicial duties, judges shall be independent
Q: Atty. Hermano requested his fraternity brother, from judicial colleagues in respect of decisions which
Judge Patron, to introduce him to Judge Apestado, the judge is obliged to make independently (New Code of
before whom he has a case that had been pending Conduct for the Philippine Judiciary, Canon 1, Sec. 2).
for sometime. Judge Patron, a close friend of Judge Finally, in having a dinner meeting with Atty. Hermano
Apestado, acceded to the request, telling the latter who has a pending case with his sala, Judge Apestado
that Atty. Hermano is his fraternity “brod” and that has exhibited an appearance of impropriety in his
Atty. Hermano simply wanted to ask for advice on activities (New Code of Conduct for the Philippine
how to expedite the resolution of his case. They met, Judiciary, Canon 4, Sec. 1).
as arranged, in the fine dining restaurant of a five-
star hotel. Atty. Hermano hosted the dinner. JUDICIAL ETHICS
Did Atty. Hermano, Judge Patron and Judge Apestado Q: The Code of Professional Responsibility is to
commit any ethical/administrative violation for lawyers, as the Code of Judicial Conduct is to
which they can be held liable? (2013) members of the bench. How would you characterize
the relationship between a judge and a lawyer?
A: Yes, the three (3) of them committed Explain. (1996)
ethical/administrative violations for which they can be
held liable. A: The Code of Professional Responsibility requires
lawyers to observed and maintain respect for the
For hosting the dinner, Atty. Hermano acted in Judicial Officers (Canon 11). On the other hand, the Code
contravention of ethical standards. A lawyer should of Judicial Conduct requires judges to be patient,
refrain from any impropriety which tends to influence attentive and courteous to lawyers (Rule 3.03). In a
or give the appearance of influencing the court (Code of word, lawyers and judges owe each other mutual
Professional Responsibility, Canon 13). A lawyer shall not respect and courtesy.
extend extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity with judges Qualities
(CPR, Canon 13, Rule 13.01). Marked attention and
unusual hospitality on the part of a lawyer to a judge, Q: What qualities should an ideal judge possess
uncalled for by the personal relations on the parties, under the New Code of Judicial Conduct for the
subject both the judge and the lawyer to Philippine Judiciary? (2007)
misconstruction of motive and should be avoided
(Canons of Professional Ethics, Canon 3, 2nd par., 1st A: The qualities required of judges by the New Code of
sentence). Even if the purpose of the meeting was merely Judicial Conduct for the Philippine Judiciary are
to “ask advice on how to expedite the resolution of his Independence (Canon 1), Integrity (Canon 2),
case,” Atty. Hermano still acted outside of the bounds of Impartiality (Canon 3), Propriety (Canon 4), Equality
ethical conduct. This is so because a lawyer deserves (Canon 5), and Competence and Diligence (Canon 6).
rebuke and denunciation for any advice or attempt to
gain from a judge special personal consideration or Q: Would it be proper for the judge to accept a
favor (CPE, Canon 3, 2nd par., 2nd sentence). donation of a lawyer’s table and chairs for his sala
from the local chapter of the Integrated Bar of the
Both Judge Patron and Judge Apestado may be held Philippines (IBP)? Explain your answer. (1990)
liable for having the dinner meeting with Atty. Hermano.
Judges shall ensure that not only is their conduct above
reproach, but that it is perceived to be so in the view of a A: It would be proper for the judge to accept the
reasonable observer (New Code of Conduct for the donation of a lawyer’s table and chairs for his sala from
Philippine Judiciary, Canon 2, Sec. 1). Judges shall avoid the local chapter of the IBP because the donation comes
impropriety and the appearance of impropriety in all of from an organization of lawyers whose duty, among
their activities (New Code of Conduct for the Philippine others, is to help in the proper administration of justice.
Judiciary, Canon 4, Sec. 1). Their having dinner with Atty. Accepting the donation is not for the personal benefit of
Hermano, a practicing lawyer, could be construed as the judge but for providing physical facilities for the
appearance of impropriety. administration of justice, which is the concern by both
the judge and the IBP local chapter. What is prohibited is
Judge Patron for having allowed himself to be used as a accepting presents or donations from the litigants or
“bridge” by Atty. Hermano, his fraternity “brod”, to meet from particular lawyers practicing before him.
with Judge Apestado exhibited judicial misconduct in the
following manner: Judges shall refrain from influencing Q: May a judge properly solicit for his promotion the
in any manner the outcome of litigation or dispute endorsement of the local chapter of the IBP to the
pending before another court (New Code of Conduct for judicial and bar council? Explain your answer.
the Philippine Judiciary, Canon 1, Sec. 3). Furthermore, in (1990)
allowing Atty. Hermano to take advantage of his
fraternity bond, Judge Patron allowed the use of the A: A judge may not properly solicit for his promotion the
prestige of judicial office to advance the private interests endorsement of the local chapter of the IBP to the
of others, conveyed or permitted his fraternity “brod” to judicial and bar council because it will give the
convey the impression that he is in a special position to impression that his promotion is not purely on merits,
influence the judge (New Code of Conduct for the and the judge may feel beholden to the particular
Philippine Judiciary, Canon 1, Sec. 4, 2nd sentence). officers of the local chapter which may, in the future,
influence him in the disposition of the cases handled by
The specific violations of Judge Apestado were such officers as counsel litigants. Moreover, considering
committed when he allowed himself to be convinced by his position, the local chapter officers may not be able to
Judge Patron to have the dinner meeting with Atty. refuse such solicitations even if they believed that he is
not qualified for promotion. The judge should stand by answer. (1990)
his own ability, qualifications and fitness, without
exerting extra effort on his part to influence the local A: The judge’s conduct is improper. Canon 2, Rule 2.02 of
chapter to endorse his promotion. The local chapter the Code of Judicial Conduct provides that a judge should
should, on its own and without solicitation from the not seek publicity for personal vainglory. A judge should
judge, make its own assessment and appraisal of the conduct proceedings in court with fitting dignity and
judge’s qualifications and fitness for promotion, and if it decorum and in such a manner as to reflect the
is convinced that the judge possesses the required importance and seriousness of the inquiry to ascertain
qualifications, it is the duty of the local chapter to make the truth. Allowing television coverage of the
known such assessment to the Judicial and Bar Council. promulgation of the decision would detract the dignity
of the court proceedings, degrade the court and create
Q: Pending before the sala of Judge Magbag is the misconception in the public mind. His giving of
case of CDG versus JQT. The legal counsel of JQT is interviews, even if he does not discuss his personal
Atty. Ocsang who happens to be the brother of Atty. views on the merits of the case, has no other purpose
Ferreras, a friend of Judge Magbag. While the case than to seek publicity for personal vainglory, which is
was still being heard, Atty. Ferreras and his wife prohibited.
celebrated their wedding anniversary. They invited
their friends and family to a dinner party at their Q: How far should the judge allow publicity of the
house in Forbes Park. Judge Magbag attended the proceedings and decisions of his court? Explain your
party and was seen conversing with Atty. Ocsang answer. (1990)
while they were eating at the same table. Comment
on the propriety of Judge Magbag’s act.
A: A judge may allow publicity by letting his actuations
(2005)
as a judge and his decisions speak for themselves,
without any comment on his part. What makes publicity
A: A Judge is not required to live in seclusion. He is improper is the employment of traditional dignity of
permitted to have a social life as long as it does not court proceedings and of the judge himself. Good,
interfere with his judicial duties or detract from the efficient, speedy, and correct administration of justice on
dignity of the court (Code of Judicial Conduct, Canon 5). his part is a way of publicizing itself and catching public
However, he should be scrupulously careful to avoid attention, and the publicity thereby generated is a
such action as may reasonably tend to awaken the normal by-product of the efficient discharge of his
suspicion that his social or business relations or duties, which is proper.
friendships constitute an element in determining his
judicial action (Canons of Judicial Ethics, Canon 30). A Q: Discuss the propriety of a judge standing as
Judge should avoid impropriety and appearance of sponsor at the wedding of the son of the litigant in
impropriety in all activities (Code of Judicial Conduct, his court? (1990)
Canon 2). Sitting on the same table and conversing with
a lawyer with a pending case before him raises such A: For reasons above stated, a judge’s standing as
appearance of impropriety. sponsor at the wedding of the son of a litigant in his
court is highly improper for it gives the impression,
Q: In an extrajudicial settlement of the estate of the
rightly or wrongly, that he is disposed to resolve the
late Juan Mayaman, the heirs requested Judge
Maawain, a family friend, to go over the document case in favor of such litigant. Public confidence in the
prepared by a new lawyer before they signed it. impartiality of the judge is eroded, and the due
Judge Maawain agreed and even acted as an administration of justice suffers thereby. It is also a
instrumental witness. Did Judge Maawain engage in violation of the letter and spirit of Rule 2.03 of the Code
the unauthorized practice of law? Why? (2002) of Judicial Conduct which states that the prestige of
judicial office shall not be used or lent to advance the
A: Section 35, Rule 138 of the Revised Rules of Court and private interests of others, nor convey or permit others
Rule 5.07 of the Code of Judicial Conduct prohibit a judge to convey the impressions that they are in a special
from engaging in the private practice of law as a position to influence the judge.
member of the bar or giving professional advice to
clients. In the case of De Castro v. Capulong, 118 SCRA 5, Discipline of Members of the Judiciary
the Supreme Court held that a judge who merely acted
as a witness to a document and who explained to the Q: Judge A had an illicit relationship with B, his
party waiving his rights of redemption over mortgaged Branch Clerk of Court. C, the wife of Judge A,
properties and the consequences thereof, does not discovered the illicit affair and reported him to
engage himself in the practice of law. This appears to be vindicate her violated marital rights. Did the judge
more applicable to the case of Judge Maawain. He did violate the Code of Judicial Conduct? Discuss. (2014)
not give professional advice in anticipation of litigation.
He was just asked to review a deed of extrajudicial A: The Code of Judicial Conduct mandates that the judge
settlement of estate. He signed merely as an should be the embodiment of competence, integrity, and
instrumental witness and not as a legal counsel. Besides, independence. He should so behave at all times as to
his act was an isolated act. promote public condifence in the integrity and
impartiality of the judiciary, and avoid impropriety and
Q: What would your comment be about a judge who, the appearance of impropriety in all activities. His
whenever he promulgates a decision, invites personal behavior, not only while in the performance of
representatives of the print and broadcast media to official duties but also outside the court, must be beyond
his sala for the purpose of having the promulgation reproach, for he is, as he so aptly is perceived to be, the
televised, and that in the process, he gives visible personification of law and of justice (Cynthia
interviews although he does not discuss his personal Resngit-Marquez vs. Judge Victor Llamas, Jr., A.M. No. RTJ-
23
views on the merits of the case? Explain your 02-1708, July 23, 2002).

Q: X, a Municipal Trial Court Judge, received the Rule 5.01. A judge may engage in the following
amount of one thousand (P1, 000.00) Pesos in cash activities provided that they do not interfere
from accused charged with slightly physical injuries with the performance of judicial duties or
in his court, whereupon he was released from detract from the dignity of the court:
custody. After dismissal of the case against him, the a. participate in civil and charitable
accused sought to withdraw the amount he had activities;
deposited as bail. It was not returned at once to the b. serve as an officer, director, trustee, or
accused because according to the Judge, it was non-legal adviser of a non-political,
stolen from the drawer of his table where he kept it educational, religious, charitable,
fraternal, or civic organization”.
after receipt. Nonetheless, the amount was returned
to the accused. Is the Judge guilty of misconduct for
A judge is not required to live in seclusion. However,
which he may be disciplined? (1999)
Section 24 of the Code of Judicial Ethics provides that a
judge should avoid giving ground for reasonable
A: Yes. The judge is guilty of misconduct and may be suspicion that he is utilizing the power or prestige of his
disciplined. He was negligent in keeping the money in office to persuade or coerce others to patronize or
his drawer instead of depositing it with the municipal contribute to charitable enterprises. Hence, while it is
treasurer as required by law. His failure to return it at ethical for Judge Pulido to become president of Rotary
once after acquittal of the accused creates a suspicion Club of Bacolor, it would be unethical for him to send
that he misappropriated the money. A judge should letters soliciting contributions from the business
avoid impropriety and the appearance of impropriety in community.
all his activities (Code of Judicial Conduct, Canon 2).
Q: As the guest speaker in Rotary Club weekly
Q: Judge Horacio would usually go to the cockpits on luncheon meeting, Judge P was asked during the
Saturdays for relaxation, as the owner of the cockpit open forum what might his personal opinion be on
is a friend of his. He also goes to the casino once a PIRMA’s move to initiate a people’s initiative to
week to accompany his wife who loves to play the amend the Constitution. He expressed the view that
slot machines. Because of this, Judge Horacio was PIRMA’s crusade should be allowed because it would
administratively charged. When asked to explain, he be in consonance with the declaration in the
said that although he goes to these places, he only Constitution that “sovereignty resides in the people
watches and does not place any bets. Is his and all government authority emanates from them.”
explanation tenable? Explain. (2005) He likewise enjoined the members to support
PIRMA. An administrative complaint was filed
A: The explanation of Judge Horacio is not tenable. In the against him by a club member, a staunch oppositor
case of City of Tagbilaran v. Hontanosas, Jr. (375 SCRA 1), to the PIRMA petition before the COMELEC, alleging
the Supreme Court penalized a city court judge for going that the judge’s public statement had constituted
to gambling casinos and cockpits on weekends. conduct unbecoming a judge. Judge P’s answer to the
According to the Court, going to a casino violates complaint was that membership in the judiciary did
Circular No. 4, dated August 27,1980, which enjoins not deprive him of his right to free speech, that he
judges of inferior courts from playing or being present was entitled to express his view even on political
in gambling casinos. issues, and that any issue requiring resolution on
the PIRMA petition was outside the jurisdiction of
The prohibition refers to both actual gambling and mere Regional Trial Courts. Was there a breach of the
presence in gambling casinos. A judge’s personal Code of Judicial conduct by Judge P? (1997)
behavior, not only in the performance of judicial duties,
but also in his everyday life, should be beyond reproach. A: Yes, there was a breach. Rule 5.10 of the Code of
With regard to going to cockpits, the Supreme Court Judicial Conduct provides that a judge is entitled to
held that “verily, it is plainly despicable to see a judge entertain personal views on political questions. But to
inside a cockpit and more so, to see him bet therein. avoid suspicion of political partisanship, a judge shall
Mixing with the crowd of cockfighting enthusiasts and not make political speeches, contribute to party funds,
bettors is unbecoming of a judge and undoubtedly publicly endorse candidates for political office or
impairs the respect due him. Ultimately, the Judiciary participate in other partisan political activities. Since
suffers therefrom because a judge is a visible Judge P considered the PIRMA petition to be a political
representation of the Judiciary” (City of Tagbilaran v. issue, he should have refrained from making his speech
Hantonosas, Jr., 375 SCRA 1). and enjoining his listeners to support PIRMA because he
might be suspected (of) engaging in partisan political
Q: Judge Roman Pulido, an incumbent RTC judge, ran activity.
for President of the Rotary Club of Bacolor and won.
His first project was to put up a livelihood center to Q: Judge L is assigned in Turtle Province. His brother
help the lahar victims. To raise funds he sent to the ran for Governor in Rabbit Province. During the
business community solicitation letters for election period this year, Judge L took a leave of
contributions. His rival in their club filed an absence to help his brother conceptualize the
administrative charge against Judge Pulido alleging campaign strategy. He even contributed a modest
unethical conduct for socializing and being actively amount to the campaign kitty and hosted lunches
involved in an organization the members of which and dinners. Did Judge L incur administrative
are mostly practicing lawyers, and for soliciting and/or criminal liability? Explain. (2010)
contributions. Are the grounds raised valid for the
charge of unethical conduct? Discuss fully. (1995) A: Judge L incurred administrative liability. Rule 5.18 of
the Code of Judicial Conduct provides that “a judge is
A: Rules 5.01, Canon 5 of the Code of Judicial Conduct entitled to entertain personal views on political
provides that: questions, but to avoid suspicion of political
partisanship, a judge shall not make political speeches, Discuss briefly. (2004)
contribute to party funds, publicly endorse candidates
for political office or participate in other partisan A: I would advise him against it. Rule 5.07 of the Code of
political activities.” Judicial Conduct expressly and absolutely prohibits
judges from engaging in the private practice of law,
He may also be held criminally liable for violation of because of the incompatible nature between the duties
Section 26 (I) of the Omnibus Election Code, which of a judge and a lawyer. Moreover, as a Judge he can
penalizes any officer or employee in the civil service influence to a certain extent the outcome of the case
who, directly or indirectly, intervenes, in any election even if it is with another court. A Judge shall refrain from
campaign or engages in any partisan political activity, influencing in any manner the outcome of litigation or
except to vote or to preserve public order. dispute pending before another court or administrative
agency (Code of Judicial Conduct, Rule 2.04).
Q: At the pre-trial of a civil case for collection, one of
the parties mentioned that he expected to settle his Q: Judge C was appointed MTC Judge in 1993.
obligation as he was investing in some stocks of a Subsequently, the Judicial and Bar Council received
realty corporation that were sure to soar in the information that previously he had been dismissed
market because of some confidential information he as Assistant City Prosecutor of Manila. It appeared
obtain from his brother-in-law, a top-rank officer of that when he applied for appointment to the
the corporation. Upon hearing the information the Judiciary, his answer to the question in the personal
judge lost no time in buying stocks in the realty Data Sheet – “Have you ever been retired, dismissed
corporation and as predicted made a lot of money. Is or forced to resign from any employment?” was –
the judge guilty of unethical conduct? Discuss fully. “Optional under Republic Act No. 1145.” The truth is,
(1995) he was dismissed for gross misconduct as Assistant
City prosecutor. May he be dismissed as Judge?
A: Yes. Rule 5.05 of the Code of Judicial Conduct provides (1998)
that “no information acquired in a judicial capacity shall
be used or disclosed by a judge in any financial dealing A: Yes, by his concealment of his previous dismissal
or for any other purpose not related to judicial from the public service, which the Judicial and Bar
activities.” The judge in this case has violated the
Council would have taken into consideration in acting on
forgoing rule, and acted unethically. his application for appointment as a judge, he (the
judge) committed an act of dishonesty that rendered
Q: A complaint for rape against ZZ was filed by the him unfit to be appointed, and to remain in the Judiciary
father of Dulce, an 11- year old girl, of the Municipal he has tarnished with his falsehood (Re: Inquiry on the
Trial Court of Bantayan, Cebu. After preliminary Appointment of Judge Enrique A. Cube, 227 SCRA 193; Jose
examination of the offended party and witnesses, Estacion, 181 SCRA 33, Estanislao Belan, August 6, 1998).
Judge YY of said court issued an order finding
probable cause and ordering to arrest ZZ without Q: In the course of a petition for bail in a case for
bail. ZZ was arrested and detained. He filed: (1) a illegal possession of firearms in furtherance of
Waiver of Preliminary Investigation, and (2), an Ex rebellion pending before him, Judge AM (who has
parte Motion to Fix Bail Bond, Judge YY granted the been long frustrated with his work because he has
waiver and forthwith elevated the records of the not been appointed to the Court of Appeals despite
case to the RTC, which forwarded the same to the the strong recommendations of several Members of
Office of Provincial Prosecutor. Congress) made statements contrary to the rulings
of the Supreme Court on the matter. He further
Ten (10) days after the elevation of the records, YY, made utterances imputing bias to the Supreme
acting on the Motion to Fix Bail, issued an order Court in favor of the Administration which,
fixing the bail bond at P20,000.00. The father of according to him, is the reason why all petitions for
Dulce filed against YY an administrative complaint bail in similar cases were denied despite the
for ignorance of the law, oppression grave abuse of apparent weakness of the evidence for the
discretion and partiality. If you were the judge of the prosecution. What are the implications of Judge AM’s
RTC designated to investigate the case and to make a actuations? (1991)
report and recommendation thereon, what would be
your recommendation? (1991)
A: The implication of Judge AM’s actuations is that he
could be violating his oath of office of upholding the law
A: The fact narrated in this case is similar to the decision and the Code of Judicial Conduct to administer his office
of the Supreme Court in 1989. The judge was found with due regard to the integrity of the system of law. He
guilty of ignorance of the law for granting bail despite could also be violating his duty as a minister of justice
the fact that he had already lost jurisdiction after under a government of laws and not of men.
elevating the record of the case to the Regional Trial
Court. If I am the RTC Judge assigned to investigate the Q: In connection with a sensational criminal case,
case I would recommend the dismissal of the judge for the Public Relations Officer of the All-Judges
gross ignorance of the law. Association Inc. issued two press releases, one
stating that the trial judge should not have granted
Q: Assume that your friend and colleague, Judge bail to the accused since evidence of guilt was strong
Peter X. Mahinay, a Regional Trial Court judge and the other, calling upon said judge to inhibit
stationed at KL City, would seek your advice himself from trying the case since he did not exhibit
regarding his intention to ask the permission of the the cold neutrality of an impartial judge in ruling
Supreme Court to act as counsel for and thus upon certain motions. Comment on the actuations of
represent his wife in the trial of a civil case for the Public Relations Officer who is presumably
damages pending before the Regional Trial Court of
25
authorized by the Association. (1992)

Aparri, Cagayan. What would be your advice to him?

described above constitute a violation of the Code of
A: The actuations of the Public Relation Officer of the Judicial Conduct (2015)?
All-Judges Association are improper. What the All-
Judges Association should do is to report the matter to A: Judge Tadhana has violated Section 6, Canon 6 of the
the Supreme Court and file the proper charges. The New Code of Judicial Conduct for the Philippine Judiciary
Supreme Court may refer the matter for investigation to which provides that, “Judges shall maintain order and
a justice of the Court of Appeals. The issuance of the decorum in all proceedings before the court, and be
press release is in violation of the rule that charges and patient, dignified and courteous in relation to litigants,
investigations against Judges should be confidential in witnesses, lawyers and others with whom the judge
character and should not be published. The Public deals in an official capacity. Judges shall require similar
Relation Officer can even be held in contempt of court. conduct of legal representatives, court staff and others
Furthermore, Rule 2.04 of the Code of Judicial Conduct subject to their influence, direction or control.” In the
states that “a Judge shall refrain from influencing in any case of Ruiz v. Bringas, 330 SCRA 62, the Supreme Court
held that the duty to maintain respect for the dignity of
manner the outcome of litigation or dispute pending
the court applies to members of the bench and bar alike.
before another court or administrative agency.”
A judge should be courteous both in his conduct and in
Rule 3.07 of the same Code states that “a Judge should
his language especially to those appearing before him.
abstain from making public comments on any pending
He can hold counsels to a proper appreciation of their
case and should require similar restraint on the part of
duties to the court, their clients and the public in general
court personnel.”
without being petty, arbitrary, overbearing, or
tyrannical. He should refrain from conduct that demeans
Q: Before he joined the bench, Judge J was a former
his office and remember that courtesy begets courtesy.
vice-mayor. Judge J also writes a weekly column in a
Above all, he must conduct himself in such a manner
local newspaper. In his column, Judge J wrote:
that he gives no reason for reproach.
“I was wondering if the present vice-mayor
can shed off his crocodile hide so that he Q: Judge Ana P. Sevillano had an issue with the
can feel the clamor of the public for the billings for the post-paid cellular phone services of
resignation of hoodlum public officers of her 16-year-old daughter for the last three
which he is one”. consequitive months. Although Judge Sevillano had
been repeatedly calling the Customer Service
When charged administratively, Judge J invoked Hotline of Universal Telecoms, the billing issue was
freedom of expression. Is his defense tenable? never fully settled to Jude Sevillano’s satisfaction.
Explain. (2000) Finally, Judge Sevillano wrote the National
Telecommunications Commission a letter of
A: The judge’s reliance on freedom of expression is complaint against Universal Telecoms, using her
untenable. The judge’s vicious writings compromise his official court stationery and signing the letter as
duties as a judge in the impartial administration of “Judge Ana P. Sevillano.” Did Judge Sevilliano violate
justice. His writings lack judicial decorum which ay professional or ethical standard for judges?
requires the use of temperate language at all times. The Justify your answer (2015).
judge should not instigate litigation (Galang v. Santos,
307 SCRA 583, Royeca v. Animas, 71 SCRA 1). A: Judge Sevillano violated Section 8, Canon 4 of the New
Code of Judicial Conduct for the Philippine Judiciary,
Q: Atty. Belinda appeared as counsel for accused which provided that, “judges shall not use or lend the
Popoy in a case being heard before Judge Tadhana. prestige of the judicial office to advance their private
After Popoy was arraigned, Atty. Belinda moved for interests, or those of a member of their family or of
a resetting of the pre-trial conference. This visibly anyone else, nor shall they convey or permit others to
irked Judge Tadhana and so before Atty. Belinda convey the impression that anyone is in a special
could finish her statement, Judge Tadhana cut her position improperly to influence them in the
off by saying that if she was not prepared to handle performance of “judicial duties,” as well as Rule 6.02 of
the case, then he could easily assign a counsel de the Code of Professional Responsibility which provides
oficio for Popoy. Judge Tadhana also uttered that that, “a lawyer in the government service shall not use
Atty. Belinda was wasting the precious time of the his public position to promote or advance his private
court. Atty. Belinda tried to explain that she was interests, nor allow the latter to interfere with his public
capable of handling the case but before she could duties.”
finish her explanation, Judge Tadhana again cut her
off and accused her of always making excuses for Q: During the hearing of an election protest filed by
her incompetence. Judge Tadhana even declared his brother, Judge E sat in the area reserved for the
that he did not care if Atty. Belinda filed a thousand public, not beside his brother’s lawyer. Judge E’s
adminsitrative case against him. brother won the election protest. Y, defeated
candidate for mayor, filed an administrative case
According to Atty. Belinda, Judge Tadhana had also against Judge E for employing influence and
humiliated her like that in the past for the flimsiest pressure on the judge who heard and decided the
of reasons. Even Atty. Belinda’s clients were not election protest.
spared from Judge Tadhana’s wrath as he often
scolded witnesses who failed to respond Judge E explained that the main reasons why he was
immediately to questions asked of them on the there in the courtroom were because he wanted to
witness stand. observe how election protests are conducted as he
has never conducted one and because he wanted to
Atty. Belinda filed an administrative case against give moral support to his brother. Did Judge E
Judge Tadhana. DO the acts of Judge Tadhana as commit an act of impropriety as a member of the
judiciary? Explain. (2007)
A: Judge E committed an act of impropriety in appearing Explain. (1990)

in another court at the hearing of his brother’s election
protest. In the case of Vidal v. Dojillo, Jr., (463 SCRA 264), A: The judge’s behavior is highly improper. Canon 2 of
which involved the same facts, the Supreme Court ruled the Code of Judicial Conduct requires that a judge should
as follows: avoid impropriety and the appearance of impropriety in
“Respondent, in his defense, stated that he all activities. Rule 2.01 of the same Code provides that a
attended the hearing of his brother’s election judge should so behave at all times as to promote public
protest case just to give moral support and, in confidence in the integrity and impartiality of the
the process, also observe how election protest judiciary. His having lunch with a litigant with a case
proceedings are conducted. Although concern pending before him in court violates such rule and gives
for family members is deeply ingrained in the the adverse party cause to complain against his
Filipino culture, respondent, being a judge, impartiality.
should bear in mind that he is also called upon His going to the racetrack to place bets on certain horses
to serve the higher interest of preserving the puts the judiciary personified by him in a bad light, for
integrity of the entire judiciary. Canon 2 of the the personal behavior of a judge, not only upon the
Code of Judicial Conduct requires a judge to bench but also in everyday life, should be above
avoid not only impropriety but also the mere reproach and free from the appearance of impropriety.
appearance of impropriety in all activities. His judicial office circumscribes his personal conduct
Even if respondent did not intend to use his and imposes a number of restrictions, which he must
position as a judge to influence the outcome of observe faithfully as the price he has to pay for accepting
his brother’s election protest, it cannot be and occupying an exalted position in the administration
denied that his presence in the courtroom of justice.
during the hearing of his brother’s case would
immediately give cause for the community to Q: Judge A went to Hong Kong on vacation on board
suspect that his being a colleague in the a Philippine Airlines plane and they (sic) stayed in a
judiciary would influence the judge trying the first class hotel for three days and three nights. The
case to favor his brother.” round trip ticket Manila-Hong Kong-Manila and
board and lodging in the hotel where he stayed were
Q: Judge Silva upon seeing a reckless tricycle driver paid for as a birthday gift to the Judge by a friend
almost hitting a boy by the side of the road, gave whose son has a case for estafa pending in another
chase and stopped the tricycle. Judge Silva then Branch of the Court where Judge A is assigned. Did
confiscated the driver’s license and told him to get it Judge A commit any infraction of the Code of Judicial
from his office. Was the conduct of Judge Silva Conduct under the circumstances? (1999)
proper? (1998)
A: Yes. He violated Canon 5, Rule 5.04 of the Code of
A: The facts are akin to those in Paguirigan v. Clavano Judicial Conduct which provides that a judge or any
(61 SCRA 411), where the Supreme Court held: immediate member of the family shall not accept a gift,
“While respondent might have been bequest, favor or loan from anyone except as may be
motivated by a spirit of civicism in allowed by law. Also, Canon 2 of the same Code provides
cooperating with the city authorities in the that a judge should avoid impropriety and the
enforcement of traffic laws, it is obvious that appearance of impropriety in all activities. Accepting a
the investigation of violations of traffic rules
birthday gift of a vacation in Hong Kong from a friend
and regulations, the arrest of errant motor
whose son has a case for estafa pending in another
vehicle drivers and the confiscation of their
branch of the Court where Judge A is assigned raises a
licenses are essentially police functions which
are specifically vested by law upon law suspicion of impropriety on his part. The fact that the
enforcement officers of the government. case is pending in another branch is immaterial because
Respondent as Judge of the City Court will he could be suspected of having been bribed to influence
necessarily hear and decide all cases filed in the presiding judge of the other branch. A judge shall
his court regarding such violations and refrain from influencing in any manner the outcome of
infractions of the Motor Vehicle Law or traffic litigation or dispute pending before another court
regulations by the law enforcement officers. It administrative agency (Code of Judicial Conduct, Rule
is patent, therefore, that respondent should 2.04).
not have taken upon himself the
responsibility of confiscating the license of the Q: B, who was given no more than six (6) months to
motor cab driver but he should have referred live by her physician, requested her cousin Judge A
the matter to the police. We deem it relevant to introduce her to Judge C before whose sala she
to emphasize that the official conduct of a has a case submitted for resolution. B would wish to
judge should be free from impropriety or any have the case decided before her expected demise.
appearance thereof. His personal behavior in Judge A, who personally knows Judge C,
the performance of his official duties and in accompanied B to the latter, introduced her as his
his everyday life should be beyond reproach. cousin, and explained that all that B wants is for her
By confiscating the driver’s license without case to be expeditiously resolved, without, in any
issuing any Traffic Violation Report (TVR) and way, suggesting in whose favor it should be decided.
losing the same while in his possession, Comment on the conduct of Judge A. (2003)
respondent Judge has acted in a manner
unbefitting his high judicial office.” A: The conduct of Judge A may be considered unethical.
Rule 2.04 of the Code of Judicial Conduct provides that “a
Q: A judge was seen having lunch with a litigant in a judge shall refrain from influencing in any manner the
case pending before him in court. He was also seen outcome of litigation or dispute pending before another
at the racetrack placing his bet on certain horses.
27
court or administrative agency.” Although Judge A did

How would you evaluate the behavior of the judge?
not suggest to Judge C in whose favor the case should be

decided, the fact that he introduced B as his cousin is computed according to the rules of the civil law, or
enough suggestion as to how the case should be decided. (3) in which he has been executor, administrator,
Canon 2 of the Code of Judicial Conduct explicitly trustee or counsel, or (4) in which he has presided
provides that “a judge should avoid impropriety and in any inferior court when his ruling or decision is
appearance of impropriety in all activities. he subject of review, without the written consent of
all parties in interest and entered upon the record.
Disqualification of Justices and Judges
(Rule 137) In voluntary disqualification, a judge may inhibit
himself in the exercise of his discretion. Paragraph
Q: Judge Aficionado was among the several 2, Rule 137 of the Revised Rules of Court provides
thousands of spectators watching a basketball game that, “a judge may, in the exercise of his sound
at the Rizal Memorial Coliseum who saw the discretion, disqualify himself from sitting in a case,
stabbing of referee Maykiling by player Baracco in for just and valid reasons other than those
the course of the game. The criminal case mentioned above.” The New Code of Professional
correspondingly filed against Baracco for the Conduct for the Philippine Judiciary adds that,
stabbing of Maykiling was raffled to the Regional “judges shall disqualify themselves from
Trial Court branch presided over by Judge participating in any proceedings in which they are
Aficionado. Should Judge Aficionado sit in judgment unable to decide the matter impartially or in which
over and try the case against Baracco? Explain. they are unable to decide the matter impartially or
(2004) in which it may appear to a reasonable observer
that matter impartially or in which it may appear to
A: No, he should not preside over the case. Rule 3.12 (a) a reasonable observer that they are unable to decide
of the Code of Judicial Conduct provides that a judge the matter impartially.”
should not take part in any proceeding where the judge
has personal knowledge of disputed evidentiary facts There is no mandatory ground for Judge Lucio to
concerning the same. disqualify himself. The second cousin of his wife, a
six degree relative, is appearing not as a party but as
Q: Atty. A is offered professional engagement to a counsel.
appear before Judge B who is A’s relative, compadre,
and former office colleague. Is A ethically compelled
b. If none of the parties movies for his disqualification,
to refuse the engagement? Why? (2001)
Judge Lucio may proceed with the case. All the more
so if, without the participation of the judge, the
A: “A lawyer shall rely upon the merits of the cause and parties and their lawyers execute a written
refrain from any impropriety which tends to influence, agreement that Judge Lucio may proceed with the
or gives the appearance of influencing the court” (Code same, and such agreement is signed by them and
of Professional Conduct, Canon 13). There is no ethical made a part of the records of the case.
constraint against a lawyer appearing before a judge
who is a relative, compadre and former office colleague Q: In a hearing before the Court Tax of Appeals, Atty.
as long as the lawyer avoids giving impressions that he G was invited to appear as amicus curiae. One of the
can influence the judge. judges hearing the tax case is the father of Atty. G.
On the other hand, the judge is required by the Code of The counsel for the respondent moved for the
Judicial Conduct not to take part in any proceeding inhibition of the judge in view of the father-son
where his impartiality may be reasonably questioned relationship. Is there merit to the motion? Decide.
(Code of Judicial Conduct, Rule 3.12). Among the grounds (1996)
for mandatory disqualification of the judge is if any of
the lawyers is a relative by consanguinity or affinity A: There is no merit to the motion. Rule 3.12 of the Code
within the fourth degree. of Judicial Conduct provides that “a judge should take no
part where the judge’s impartiality might reasonably be
Q: In a land registration case before Judge Lucio, the questioned.” Among the instances for the
petitioner is represented by the second cousin of disqualification of a judge is that he is related to a party
Judge Lucio’s wife. litigant within the sixth degree or to counsel within the
fourth degree of consanguinity or affinity– but this
a. Differentiate between compulsory and refers to counsel of the parties. An amicus curiae is
voluntary disqualification and determine if supposed to be an experienced and impartial attorney
Judge Lucio should disqualify himself under invited by the court to appear and help in the disposition
either circumstance. of issues submitted to it. He represents no party to the
b. If none of the parties move for his case. There is, therefore, no ground to fear the loss of the
disqualification, may Judge Lucio proceed with judge’s impartiality in this case if his son is appointed
the case (2015)? amicus curiae.
A: Q: In a case before him, it was the son of Municipal

a. In compulsory disqualification, the judge is Trial Court Judge X who appeared as a counsel for
compelled to inhibit himself from presiding over a the plaintiff. After the proceeding, judgment was
case when any of the ground provided by law or the rendered in favor of the plaintiff and against the
rules exist. Under Section 1, Rule 137 of the Revised defendant. B, the defendant in the case, complained
Rules of Court, no judge or judicial officer shall sit in against Judge X for not disqualifying himself in
hearing and deciding the case. In his defense, Judge
any case: (1) in which he, or his wife or child, is
X alleged that he did not disqualify himself in the
pecuniarily interested as heir, legatee, creditor or case because the defendant never sought his
otherwise, or (2) in which he is related to either disqualification. (1999)
party within the sixth degree of consanguinity or
affinity or to counsel within the fourth degree
A: Judge X is liable for misconduct in office. Rule 3.12 of opposing party is also a member of the Phi Nu Phi
the Code of Judicial Conduct provides that a judge should Fraternity. Judge Segotier denied the motion.
take no part in a proceeding where impartiality might Comment on his ruling. (2005)
reasonably be questioned. In fact, it is mandatory for
him to inhibit or disqualify himself if he is related by A: The ruling of Judge Segotier is correct. The fact that a
consanguinity or affinity to a party litigant within the judge is a former classmate of one of the counsels in a
sixth degree or to counsel within the fourth degree case has been held to be insufficient ground for the
(Hurtado v. Jurdalena, 84 SCRA 41). He need not wait for disqualification of the judge (Vda. de Bonifacio v. BLT Bus
a motion of the parties in order to disqualify himself. Co., Inc., 34 SCRA 618). Intimacy or friendship between
judge and an attorney of record has also been held to be
Q: RTC Judge Q is a deacon in the Iglesia ni Kristo insufficient ground for the former’s disqualification
church in San Francisco del Monte, Quezon City. R, a (Query of Executive Judge Estrella T. Estrada, RTC of
member of the same religious sect belonging to the Bulacan, on the Conflicting Views of RTC Judges Masadao
same INK community in San Francisco del Monte, & Elizaga Re: Criminal Case No. 4954-M, 155 SCRA 72).
filed a case against S who belongs to the El Shaddai
charismatic group. The case was raffled to Judge Q‘s Q: Justice AR of the Sandiganbayan was named
sala. The lawyer of S filed a motion to disqualify executor of the will of his good friend BT whose
Judge Q on the ground that since he and the plaintiff estate is valued approximately at two billion
belonged to the same religious sect and community (P2,000,000,000.00) Pesos. Upon BT’S death, may
in San Francisco del Monte, Judge Q would not Justice AR accept the trust and serve as executor of
possess the cold neutrality of an impartial judge. BT’s will while still in office? (1999)
Judge Q denied the motion on the ground that the
reason invoked for his disqualification was not A: No, he may not. Rule 5.06 of the Code of Judicial
among the grounds for disqualification under the Conduct provides that a judge shall not serve as the
Rules of Court and the Code of Judicial Conduct. Was executor, administrator, trustee, guardian, or other
Judge Q’s denial of the motion for inhibition well- fiduciary except for the estate, trust, or person of a
founded? (1997) member of the immediate family, and then only if such
service will not interfere with the proper performance
A: The fact that Judge Q and Litigant R both belong to the of judicial duties. Members of immediate family shall be
Iglesia Ni Kristo while Litigant S belongs to the El limited to the spouse and relatives within the second
Shaddai group, is not a mandatory ground for degree of consanguinity.
disqualifying Judge Q from presiding over the case. The
motion for his inhibition is addressed to his sound Q: In an intestate estate proceeding a petition for the
discretion and he should exercise the same in a way that issuance of letters of administration in favor of an
the people’s faith in the courts of justice will not be RTC judge was filed by one of the heirs. Another heir
impaired. He should reflect on the probability that a opposed the petition on the ground that the judge
losing party might nurture at the back of his mind the was disqualified to become administrator of the
thought that the Judge had unmeritoriously tilted the estate as he was the first cousin of the deceased. The
scales of justice against him (Dimacuha v. Concepcion, petitioner however argued that the judge was not
117 SCRA 630). Under the circumstances of this case, disqualified as the case was not pending before him.
where the only ground given for his disqualification is Rule on the petition. Discuss fully. (1995)
that he and one of the litigants are members of the same
religious community, I believe that his denial of the A: Rule 5.06 of the Code of Judicial Conduct provides that
motion for his disqualification is proper. In Vda. de “a judge should not serve as the executor, administrator,
Ignacio v. BLT Bus Co., 34 SCRA 618, the Supreme Court trustee, guardian, or other fiduciary, except for the
held that the fact that one of the counsels in a case was a estate, trust or person of a member of the immediate
classmate of the trial judge is not a legal ground for the family, and then only if such service will not interfere
disqualification of the judge. with the proper performance of judicial duties. Members
of immediate family shall be limited to the spouse and
Q: In a civil case, the defendant discovered that the
relatives within the second degree of consanguinity”.
counsel for the plaintiff used to be a member of the
Under the forgoing rule, the petition should be denied.
Judicial and Bar Council during whose time the
Judge presiding over the case was appointed and The judge should not be appointed administrator of the
confirmed. He filed a “Motion to Inhibit the Judge” estate of his first cousin, who is not a relative within the
on the ground that the latter’s ability to act second degree of consanguinity.
independently and judiciously had been
compromised and seriously impaired because of his Q: Rebecca’s complaint was raffled to the sala of
“utang na loob” to the plaintiff’s counsel. If you were Judge A. Rebecca is a daughter of Judge A’s wife by a
the judge, how would you rule on the Motion? previous marriage. This is known to the defendant
(1994) who does not, however, file a motion to inhibit the
Judge. Is the Judge justified in not inhibiting himself
A: I will deny the Motion for Inhibition because every from the case? (2010)
judge is sworn to uphold the decisions of cases in
accordance with the law. The fact that the judge was A: The judge is not justified in not inhibiting himself. It is
recommended by the JBC which has seven (7) members mandatory for him to inhibit if he is related to any of the
and deliberated even confidentially does not make the parties by consanguinity or affinity within the sixth civil
judge morally indebted to the JBC member who may not degree (New Code of Judicial Conduct for the Philippine
even have voted for him. Judiciary, Canon 3, Sec. 3[f]). Judge A, being the
stepfather of Rebecca, is related to her by affinity by just
Q: Judge Segotier is a member of Phi Nu Phi one degree. “Judges shall disqualify themselves from
29
Fraternity. Atty. Nonato filed a motion to disqualify participating in any proceeding in which they are unable
Judge Segotier on the ground that the counsel for the to decide the matter impartially or in which it may

appear to a reasonable observer that they are unable to the reporters inside the hall not to operate their
decide the matter impartially” (Id., Canon 3, Sec. 5). The “video cams” during the proceedings. The defense
fact that Rebecca is a daughter of Judge A’s wife is lawyers objected to the court’s order, claiming that
enough to make a reasonable observer doubt his it was violative of their client’s constitutional right
impartiality. to a public trial. In issuing the questioned order, did
the Judge act in violation of the rights of the accused
Q: Justice X of the Court of Appeals, by mutual to a public trial? Discuss briefly. (2004)
agreement of two opposing parties, asked him to be
their sole arbitrator in the controversy that arose A: The Judge did not violate the right of the accused to a
out of the construction of a building in Makati City. public trial. A trial is public “when anyone interested in
The fee that would be paid to him was substantial, it observing the manner a judge conducts the proceedings
amounting to double his annual salary and in his courtroom may do so” (Garcia v. Domingo, 52 SCRA
allowances. When Justice X declined the offer, the 143). There is to be no ban on attendance. In the
parties suggested that he go on leave of absence for question given, the judge did not bar attendance, only
three months to enable him to do the job. May the use of television paraphernalia and “video cams”.
Justice X accept the work offered to him while on
leave of absence? (1999) Q: Did the Judge act in derogation of press freedom
when he directed the exclusion of the television
A: Justice X may not accept the work offered him even paraphernalia from the courtroom and when he
while on leave of absence from the Court of Appeals. A prohibited the news reporters in the courtroom
justice should regulate extra-judicial activities to from operating their “video cams” during the
minimize the risk of conflict with judicial duties (Code of proceedings? Reason briefly. (2004)
Judicial Ethics, Canon 5). He shall not accept
appointment or designation to any agency performing A: No. Press freedom was never transgressed. The
quasi-judicial or administrative functions (Code of serious risks posed to the fair administration of justice
Judicial Conduct, Rule 5.09). This is specially so since by live TV and radio broadcast, especially when
decisions of voluntary arbitrators are appealable to the
emotions are running high on the issues stirred by the
Court of Appeals. He must minimize the risk of conflict
with judicial duties (Code of Professional Responsibility, case, should be taken into consideration before
Canons 4 and 5). Moreover, he will create the impression addressing the issue, not of press freedom. The right of
that he is merely interested in the fee involved, which the accused to a fair trial, not by a trial by publicity takes
will detract from the integrity of the judiciary. precedence over press freedom as invoked by the TV
reporters in this case (Sec. Perez v. Estrada, 365 SCRA
Q: In the contract of lease of the house and lot 62).
located in Quezon City that A entered into with B, it
is stipulated that if at the end of the lease term, the Q: While Miss Malumanay, a witness for the plaintiff,
lessee B should refuse and fail to vacate the was under cross-examination, Judge Mausisa asked
premises and the parties fail to agree on the questions alternately with the counsel for the
extension of the lease period, the case for eviction defendant. After four questions by the judge, the
should be filed with the Regional Trial Court in plaintiff’s counsel moved the judge to refrain from
Manila, as agreed upon. The judge of the Regional asking further questions which tended to favor the
Trial Court to whom the case was assigned motu defense and leave the examination of the witness to
proprio dismissed the case for lack of jurisdiction. the defendant’s counsel, who was a new lawyer. The
Plaintiff A and defendant B presented separate judge explained that he was entitled to ask
motions urging the Court to reconsider its order and searching questions. Is the motion tenable? Why?
jurisdiction of their case by mutual agreement. The (2002)
Judge denied their motion insisting that his Court
has no jurisdiction over the case for detainer. May A: It depends. Rule 3.06 of the Code of Judicial Conduct
the Regional Trial Court upon the facts of the case provides that while a judge may, to promote justice,
assume jurisdiction of it as suggested by the parties? prevent waste of time or clear up some obscurity,
(1999) properly intervene in the presentation of evidence
during the trial, it should always be borne in mind that
A: No, the Regional Trial Court may not assume undue interference may prevent the proper
jurisdiction. Jurisdiction over subject matter is conferred presentation of the cause or the ascertainment of truth.
by the law and not by agreement of the parties. While Thus, if in asking four questions alternately with counsel
Rule 3.13 of the Code of Judicial Conduct provides for the for the defendant, Judge Mausisa was only trying to clear
up some obscurity, he cannot be accused of undue
Remittal of Disqualification of Judges, it refers to
remittal of the disqualification of the judge to take part interference. But if his “searching questions” were such
in the case on the ground that his impartiality may be as to give the impression that he was already acting as a
placed in doubt. It is not applicable to lack of counsel for the defendant, his conduct is improper.
jurisdiction.
Q: Can the judge justify his intervention? How?
(2002)
Powers and Duties of Courts and Judicial Officers
(Rule 135)
A: The judge can justify his intervention on any of the
Q: Upon opening session of his court, the Presiding grounds mentioned by the rule, namely, to promote
Judge noticed the presence of television cameras set justice, avoid waste of time, or clear up some obscurity.
up at strategic places in his courtroom and the
positing of media practitioners all over his sala with Q: In a murder trial, Judge T asked searching
their video cameras. The Judge forthwith issued an questions of all the witnesses for the accused
order directing the exclusion from the courtroom of prompting Atty. O, counsel the accused, to request
all television paraphernalia and further instructing Judge T to desist from acting as counsel for the
prosecution. The Judge, however, reminded Atty. O

that she wanted to determine whether the accused
was guilty of the crime charged.
Is it proper for Judge T to take an active part on the
examination of the accused’s witnesses? (1996)
A: No, it is not proper. Rule 3.06 of the Code of Judicial

Conduct provides that “While a judge may, to promote
justice, prevent waste of time or clear up some
obscurity, properly intervene in the presentation of
evidence during the trial, it should always be borne in
mind that undue interference may prevent the proper
presentation of the cause or the ascertainment of truth.”
The intervention of the judge in a case must be done
with considerable circumspection. It must be done
sparingly and not throughout the trial, which will have
the effect of or will tend to build or bolster the case for
one of the parties. The reason for this rule is that the
judge should not only be impartial but also appear to be
impartial.
Q: After the pre-trial, Atty. Hans Hilado, counsel for

plaintiff Jennifer Ng, persuaded defendant Doris Dy
to enter into a compromise agreement with the
plaintiff without the knowledge and participation of
defendant’s counsel, Atty. Jess de Jose. Doris acceded
and executed the agreement. Therein Doris
admitted her obligation in full and bound herself to
pay her obligation to Jennifer at 40% interest per
annum in ten (10) equal monthly installments. The
compromise agreement was approved by the court.
Realizing that she was prejudiced, Doris Dy filed an
administrative complaint against Atty. Hilado
alleging that the latter prevented her from
consulting her lawyer Atty. de Jose when she
entered into the compromise agreement, thereby
violating the rules of professional conduct. Atty.
Hilado countered that Doris Dy freely and
voluntarily entered into the compromise agreement
which in fact was approved by the court. Was it
proper for the judge to approve the compromise
agreement since the terms thereof were just and fair
even if counsel for one of the parties was not
consulted or did not participate therein? Explain.
(1995)
A: It was not proper for the judge to approve the

compromise agreement without the participation of the
lawyer of one of the parties, even if the agreement was
just and fair. Even if a client has exclusive control of the
cause of action and may compromise the same, such
right is not absolute. He may not, for example, enter into
a compromise to defeat the lawyer’s right to a just
compensation. Such right is entitled to protection from
the court.
Q: A judge, in order to ease his clogged docket,

would exert efforts to compel the accused in
criminal cases to plead guilty to a lesser offense and
advise party litigants in civil cases, whose positions
appear weak, to accept the compromise offered by
the opposing party. Is the practice legally
acceptable? (1998)
A: The practice is legally acceptable as long as the judge

does not exert pressure on the parties and takes care
that he does not appear to have prejudged the case.
Where a judge has told a party that his case is weak
before the latter was fully heard, such was considered a
ground for his disqualification (Castillo v. Juan, 62 SCRA
31
124).


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University of Santo Tomas

Faculty of Civil Law

*QUAMTO is a compilation of past bar questions with answers as

REUBEN BERNARD M. SORIANO

REUBEN BERNARD M. SORIANO

QUAMTO COMMITTEE MEMBERS

CALOS LEANDRO L. ARRIERO

ATTY. AL CONRAD B. ESPALDON

Qualifications Lawyer’s oath

taken against him. It is the fact of concealment and not

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

legal specialty, even if his office is located in his friend’s advertisement.

1. A calling card, 2x2 in size, bearing his name in

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

Professional Responsibility provides that “a lawyer shall

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

a. If Atty. Rico does not discuss cases with

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

wittingly nor willingly promote or sue any groundless

concerning a crime or a fraud being committed or

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

concerned has engaged in deceitful, dishonest, unlawful Responsibility, Rule 12.01).

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

A: I would rule in favor of Jose Kapuspalad. In Reontoy v. Client’s fraud

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

Q: Atty. Walasunto has been a member of the

Q: Atty. X filed a notice of withdrawal of appearance

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

whose opinion should prevail? What can AB, the

doing of any in court; that I will not wittingly or willingly

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

authorized by the Association. (1992)

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

A: Judge E committed an act of impropriety in appearing Explain. (1990)

court or administrative agency.” Although Judge A did

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

A: Q: In a case before him, it was the son of Municipal

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

prosecution. The Judge, however, reminded Atty. O

A: No, it is not proper. Rule 3.06 of the Code of Judicial

Q: After the pre-trial, Atty. Hans Hilado, counsel for

A: It was not proper for the judge to approve the

Q: A judge, in order to ease his clogged docket,

A: The practice is legally acceptable as long as the judge

UNIVERSITY OF SANTO TOMAS TEAM BAROPS

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