DR. V.

ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,

INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

MIDTERM EXAMINATIONS
A.Y 2020-2021
2nd Semester

INSTRUCTIONS

1. This Questionnaire contains NINE (9) PAGES including this page.

Check the number of pages and their proper sequencing. You may write
notes on this Questionnaire.
2. Your answers should demonstrate your ability to analyze the facts,
apply the pertinent laws and jurisprudence, and arrive at sound and
logical conclusions.
3. Marking of your answer sheets or booklets with your name or other
identifying signs or symbols extraneous to the subject matter of the
questions may be considered as cheating and may disqualify you for the
whole examination.
4. You have TWO (2) HOURS to answer the exam.

Page 1 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

I.

A.
The Lawyer’s Oath is a source of any lawyer’s obligations, and its
violation is a ground for the lawyer’s suspension, disbarment, or other
disciplinary action.
State the duties of a lawyer imposed by the Lawyer’s Oath. (5%)

B.
Soon after Atty. Stephen passed the Philippine Bar in 1975, he also took
the New York State Bar and passed the same. He practiced law for 25
years in the USA, but he was disbarred therein for insurance fraud. He
returned to the Philippines and started to practice law. Mark, who knew
about his New York disbarment, filed a disbarment complaint with the
IBP. Decide. (2%)

II.
Atty. Simeon persuaded Armando, Benigno and Ciriaco to invest in a
business venture that later went bankrupt. Armando, Benigno and
Ciriaco charged Atty. Simeon with estafa. Simultaneously, they filed an
administrative complaint against the lawyer with the Supreme Court.

A. If Simeon is convicted of estafa, will he be disbarred? Explain.

(2.5%)
B. If Simeon is acquitted of the estafa charge, will the disbarment
complaint be dismissed? Explain. (2.5%)

III.
A.
Myrna, petitioner in case for custody of children against her husband,
sought advice from Atty. Mendoza whom she met at a party. She
informed Atty. Mendoza that her lawyer, Atty. Khan, has been charging
her exorbitant appearance fees when all he does move for postponements
which have unduly delayed the proceedings; and that recently, she
Page 2 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

learned that Atty. Khan approached her husband asking for a huge
amount in exchange for the withdrawal of her Motion for issuance of Hold
Departure Order so that he and his children can leave for abroad.
Is it ethical for Atty. Mendoza to advise Myrna to terminate the services
of Atty. Khan and hire him instead for a reasonable attorney's fees?
(2.5%)

B.
Atty. Hermano requested his fraternity brother, Judge Patron, to
introduce him to Judge Apestado, before whom he has a case that had
been pending for sometime.
Judge Patron, a close friend of Judge Apestado, acceded to the request,
telling the latter that Atty. Hermano is his fraternity "brod" and that
Atty. Hermano simply wanted to ask for advice on how to expedite the
resolution of his case. They met, as arranged, in the fine dining
restaurant of a five-star hotel. Atty. Hermano hosted the dinner.
Did Atty. Hermano, Judge Patron and Judge Apestado commit any
ethical/administrative violation for which they can be held liable? (2.5%)

IV.
Atty. Robin Hood was convicted of the crime of concubinage. Later on, a
disbarment case was filed against him by his wife, Marie Elle. He
admitted his conviction but interposed the defense that it cannot be used
to disqualify him from the practice of law because he committed the act
as a private individual and not in the performance of his legal profession.
A. Is his contention correct? (2.5%)
B. May Atty. Robin Hood invoke double jeopardy as a defense? (2.5%)
C. If the disbarment case was filed ten (10) years after the conviction,
may Atty. Robin Hood use prescription as a defense? (2.5%)
D. Will Marie Elle’s refusal to testify lead to the dismissal of the
disbarment case? (2.5%)

Page 3 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

V.
Dong Go sought legal advice from lawyer, Atty. Rod Terte regarding the
possibility of a VAWC case against him. In the course of their
conversation, Dong Go mentioned that he would be able to immediately
pay Atty. Terte’s fees because he received a fifty-million kickback from a
favored supplier in relation to his work as member of his Municipality’s
Bids and Awards Committee.
A. Is the communication made by Dong Go to Atty. Rod Terte
regarding the kickback he received presumed to be confidential?
(3%)
B. What if Dong Go told Atty. Terte that he intends to have his wife,
the complainant in the possible VAWC case against him,
ambushed. Would that be classified as confidential information?
(3%)
C. A VAWC case was subsequently filed against Dong Go and Atty.
Rod Terte handled the case for him. He was thereafter acquitted
by the court. When Atty. Rod Terte asked for the payment of his
fees, Dong Go refused to pay saying that he never engaged his
services as there was never a written contract between them and
that he never paid him his acceptance fee. Is the contention of
Dong Go valid? (3%)

VI.
In 2019, the Tupaz siblings who are all owners of a parcel of land located
at Giporlos, Eastern Samar entered into an agreement where they stood
to be paid P50,000.00 for all the lots that would be sold in the subdivision.
For that purpose, they executed a Special Power of Attorney (SPA)
authorizing Etel to enter into all agreements concerning the parcels of
land and to sign those agreements in their behalf. However, Etel failed
to update them about the status of the subdivision project and failed to
account for the titles to the said property. She sold a number of portions
to third parties but did not turn over the proceeds to them. Thus, in 2020,
they revoked the SPA previously executed and subsequently agreed to
settle with Etel e for the amount of P10,000.00, but the latter again failed
to pay. They then engaged the professional services of Atty. EJ Navato
for the purpose of assisting them in the preparation of a settlement
agreement, but instead of drafting a written settlement, he advised them
to institute actions against Etel. The Tupaz siblings then signed a
Page 4 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

contract of legal services in which it was agreed upon that they would not
pay acceptance and appearance fees to respondent but the docket fees
would instead be shared by the parties. Under the contract, complainants
would pay respondent 50% of whatever would be recovered of the
properties.
A. What is a champertous contract? (2%)
B. Was the agreement between the Complainants and Atty. DJ
Navato valid? (3%)
C. If the Tupaz siblings and Atty. EJ Navato agreed that the latter
will only be paid if the case ends in favor of the former, would your
answer still be the same? (3%)
D. Compare and contrast contingent fee contract and a champertous
contract. (3%)

VII.
Atty. Tess was hired by Tony Tan to file a case against mother and
daughter, Cecile and Angel for the recovery of a parcel of land allegedly
owned by the Tan family but was fraudulently registered under Cecile’s
name and was later on transferred to Angel. At the time Atty Tess was
hired, the property which Angel had mortgaged to the LBP was the
subject of foreclosure proceedings. Atty. Tess received the following
amounts from Tony Tan: (a) P150,000.00 as partial payment of the
redemption price of the property; (b) P40,000.00 to cover the filing fees;
and (c)P20,000.00 as attorney’s fees. After the lapse of five years, Tony
Tan learned that no case involving the subject property was ever filed in
court. He demanded the return of P110,000.00 but Atty. Tess refused to
return the whole amount saying that a complaint was actually filed in
court for annulment of title against Angel but by another lawyer, Atty.
Tecson. Thus, she could not return the whole amount demanded from her
because a majority of it has already been expended for the case and paid
to Atty. Tecson. Subsequently, a complaint for disbarment was filed
against Atty. Tess. It was then discovered that at the time her services
were engaged, she was already under preventive suspension. Did Atty.
Tess commit gross and inexcusable negligence and serious misconduct?
Provide the canons and/or rules of the CPR violated. (10%)

Page 5 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

VIII.
Samuel engaged the services of Atty. Voltaire to defend him in a case for
rescission and recovery of possession of two lots and damages filed
against him. Subsequently, the Regional Trial Court (RTC) issued an
Order adverse to Samuel. Desiring to challenge the court’s Order through
Certiorari, he paid Atty. Voltaire P10,000.00 as down payment.
Thereupon, the latter collected and received from Samuel a down
payment of P5,000.00. However, no such petition was filed in violation of
their agreement. The RTC then rendered a judgment against the
defendant who subsequently filed a Motion for Reconsideration but was
subsequently denied. Upon appeal, Atty. Voltaire filed several motions
for extension of time to submit the appellant’s brief. Consequently, the
appellate court rendered judgement denying the appeal prompting the
defendant to file a petition for review on certiorari before the Supreme
Court. The petition was dismissed for failure to submit a certification of
non-forum shopping duly executed by Samuel. This was however rectified
by Atty. Voltaire by filing a motion for reconsideration attaching thereto
a certification of non-forum shopping signed by himself.
A. What pertinent canons and rules of the Code of Professional
Responsibility did Atty. Voltaire violate, if any? (7%)
B. Was Atty. Voltaire’s act of signing the certification of non-forum
shopping proper? (2%)

IX.
Nena Arevalo engaged the services of Atty. Neuman for the registration
of a parcel of land located at Villareal, Samar which he co-owns with his
siblings. She was constrained to engage the services of the lawyer when
her original counsel, Atty. Trinidad figured in a vehicular accident during
the pendency of the proceedings. Based on their agreement, Arevalo paid
Atty. Neuman P30,000.00 as acceptance fee and P3,000.00 per
appearance. During the last hearing of the case, Atty. Neuman demanded
an additional P15,000.00 for the preparation of a memorandum which
according to him would strengthen his client’s position in the case, plus
20% of the total area of the subject property as additional fees for his
services. Arevalo did not accede to this, claiming that it was contrary to
their agreement and that she could not have agreed to the amount being
demanded without the knowledge and approval of his co-heirs.

Page 6 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

Subsequently, a judgment was rendered in favor of Arevalo, ordering the

transmittal of the decree of registration and the original and owners
duplicate of the title of the property. When Arevalo went to the ROD to
get the owner’s duplicate of the OCT, she discovered that the same had
already been claimed by and released to Atty. Neuman. She demanded
that he turn over the owner’s duplicate of the OCT but he refused to do
so until she first pays him P15,000.00 and 20% of the total area of the
subject property.
A. Can Atty. Neuman validly withhold the OCT as retaining lien for
is alleged unpaid additional compensation? (3%)
B. Did Atty. Neuman act in violation of the Code of Professional
Responsibility? (3%)
C. Discuss the principle of Quantum Meruit? (2%)

X.
Atty. Harry Salvador maintains a notarial office in Real Street, Tacloban
City and performs notarial acts and practices in Tacloban City and
Ormoc City. One day, Spouses Arra Mina Sharmaine and Dennis Castillo
went to his office in Real St. to have a Deed of Sale notarized. The subject
of the said instrument is a parcel of land owned by one Korina Soho
allegedly sold in favor of spouses Castillo. Pursuant to the instruction of
Atty. Harry Salvador, his secretary, Mary Lyka, notarized the Deed of
Sale along with other documents brought to the office by a long line of
clients. When asked were the lawyer was, Mary Lyka told the clients that
Atty. Harry Salvador was also notarizing documents in a sabungan as
his way of helping the destitute employees of his kumpare somewhere in
Legazpi, Albay.
A. Name at least three (3) violations of the Rules on Notarial Practice
committed by Atty. Harry Salvador. (3%)
B. May Atty. Harry Salvador be also held liable under the Code of
Professional Responsibility for the same infractions committed by
him as a Notary Public? (3%)
C. If Atty. Harry Salvador’s notarial commission was issued on
October 01, 2020, when will his commission expire? (2%)
D. Compare and contrast an acknowledgement and a jurat. (3%)

Page 7 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

XI.

The contract of attorney's fees entered into by Atty. Quinto and his client,
Suzette, stipulates that if a judgment is rendered in her favor, he gets
60% of the property recovered as contingent fee. In turn, he will assume
payment of all expenses of the litigation.

A. Is the agreement valid? (2.5%)

B. May Atty. Quinto and Suzette increase the amount of the
contingent fee to 80%? (2.5%)

XII.
A.
A complaint was filed against Judge Austria alleging that the judge
committed an act of impropriety when she displayed her photographs in
a social networking website “Facebook”, some of which showed her
wearing an "off-shouldered" attire. Judge Austria contended that an "off-
shouldered" attire is an acceptable social outfit under contemporary
standards and is not forbidden. Decide. (2%)

B.
Atty. Rose was commissioned as a notary public in 2017. Her friend, Jack
asked her to notarize a Deed of Absolute Sale sometime in 2020, to which
she agreed free of charge. Simone, jealous of the close friendship between
Atty. Rose and Jack, filed a complaint for malpractice against Atty. Rose.
Will the case prosper? (2%)

XIII.
Billionaire, Briel Cojuangco engaged the services of Opiniano, Kiong,
Rañola, and Acerden Law Offices (OKRA) where Atty. Fil Opiniano was
assigned to handle his cases. Because of his growing business concerns,
complainant decided to hire respondent as his personal counsel.
Consequently, Atty. Opiniano’s relationship with Conjuangco’s family
became intimate. He would often travel and dine with them in the
country and overseas. He was also a habitue of their house and even

Page 8 of 9
 DR. V. ORESTES ROMUALDEZ EDUCATIONAL FOUNDATION,
INC.
COLLEGE OF LAW
BASIC LEGAL ETHICS

tutored Cojuangco’s 21-year-old daughter Maria Jane Cojuangco, then a

student of Centro Escolar University.
On June 22, 2020, without the knowledge of the Cojuangco family, Atty.
Fil Opiniano married Maria Jane in Hongkong. The following day, he
informed Briel Cojuangco of the said wedding and assured him that
“everything was legal”. The latter was shocked, knowing fully well that
respondent is a married man and has eight children. Upon investigation,
it was revealed that: (a) on the date of the supposed marriage, respondent
requested from Cojuangco’s office an airplane ticket to and from
Australia, with stop-over in Hong Kong; (b) respondent misrepresented
himself as "bachelor" before the Hong Kong authorities to facilitate his
marriage with Maria Jane; and (c) Atty. Fil Opiniano was married to
Juliet Plimaco and has eight children, namely: Allysa, Leonila Rosario,
Marvette, Rosalie, Jovany, Dennis, Harold, and Athena.
A. Did Atty. Fil Plimaco violate his oath and the CPR? Explain. (4%)
B. Briel Cojuangco paid Atty. Fil Plimaco P100,000.00 for his
attorney’s fees. Considering that it is P50,000.00 more than what
was agreed upon, may he share the excess to their paralegals in
their law office? (2%)

***NOTHING FOLLOWS***

Page 9 of 9