ethics quamto

8/12/2019 Ethics Quamto

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QUESTIONS ASKED MORE THAN ONCE IN THE BARQuAMTO (1990-2007)

QUESTIONS ASKED MORE THAN ONCE IN THEBAR

QuAMTO (1990-2007)

Legal and Judicial Ethics

ACADEMICS COMMITTEE

ALIJON D.DE GUZMAN CHAIRPERSONMARK KEVIN U.DELLOSA VICE-CHAIR FOR ACADEMICS

SHARMAGNE JOY A.BINAY VICE-CHAIR FOR ADMINISTRATION AND FINANCE

ANTHONY M.ROBLES VICE-CHAIR FOR LAYOUT AND DESIGN

CLARABEL ANNE R.LACSINA MEMBER,LAYOUT AND DESIGN TEAM

RAFAEL LORENZ SANTOS MEMBER,LAYOUT AND DESIGN TEAMJAMES BRYAN V.ESTELEYDES VICE-CHAIR FOR RESEARCH

RESEARCH COMMITTEE

JAMES BRYAN V.ESTELEYDES RESEACH COMMITTEE HEAD

MARIA JAMYKA S.FAMA ASST.RESEARCH COMMITTEE HEAD

PAULINE BREISSEE GAYLE D.ALCARAZ MEMBER

ROBBIE BAAGA MEMBER

MONICA S.CAJUCOM MEMBER

DOMINIC VICTOR C.DE ALBAN MEMBER

ANNABELLA HERNANDEZ MEMBER

MA.CRISTINA MANZO-DAGUDAG MEMBER

WILLIAM RUSSELL MALANG MEMBER

CHARMAINE PANLAQUE MEMBER

OMAR DELOSO MEMBER


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DISCLAIMER

THE RISK OF USE, MISUSE OR NON-

USE OF THIS BAR REVIEW MATERIAL

SHALL BE BORNE BY THE USER/NON-USER.


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LEGAL ETHICS

THE LAWYER AND SOCIETY

Q: During the course of his cross-examination, yourclient had testified to events and circumstanceswhich you personally know to be untrue. If histestimony was given credence and accepted as factby the court, you are sure to win your clients case.

Under the Code of Professional Responsibility, whatis your obligation to the public (1994)?

A: A lawyer shall not engage in lawful, dishonest,immoral or deceitful conduct (Rule 1.01, Canon 1,

Code of Professional Responsibility). A lawyer shall

not counsel or abet activities aimed at defiance of

the law or at lessening confidence in the legalsystem (Rule 1.02, Canon 1).

Q: Atty. BB borrowed P30,000.00 from EG to bepaid in six months. Despite reminders from EG,Atty. BB failed to pay the loan on its due date.Instead of suing in court, EG lodged with an IBPchapter a complaint for failure to pay a just debtagainst Atty. BB. The chapter secretary endorsedthe matter to the Commission on Bar Discipline(CBD). A commissioner of the CBD issued an orderdirecting Atty. BB to answer the complaint againsthim but the latter ignored the order. Another orderwas issued for the parties to appear before theCommissioner at a certain date and time but onlyEG showed up. A third order submitting the case forresolution was likewise ignored by Atty. BB. WasAtty. BB justified in ignoring the orders of theCommission on the ground that the Commissionhad no power to discipline him for acts done in hisprivate capacity? Why? (2002)

A: Atty. BB is not justified in ignoring the orders ofthe Commission on Bar Discipline. In doing so, he

violated his oath of office for disobeying orders of a

duly constituted authority. A lawyer shall notcounsel or abet activities aimed at defiance of the

law or at lessening confidence in the legal system.

(Rule 1.02; Panganiban v. Borromeo, 58 Phil. 367)

Q: Atty. Asilo, a lawyer and a notary public,notarized a document already prepared by spousesRoger and Luisa when they approached him. It isstated in the document that Roger and Luisaformally agreed to live separately from each otherand either one can have a live-in partner with fullconsent of the other. What is the liability of Atty.Asilo, if any? (1998, 1992)

A: Atty. Asilo may be held administratively liable forviolating Rule 1.02 of the Code of Professional

Responsibility a lawyer shall not counsel or abet

activities aimed at defiance of the law or at lessening

confidence in the legal system. An agreement

between two spouses to live separately from each

other and either one could have a live-in partner

with full consent of the other, is contrary to law and

morals. The ratification by a notary public who is a

lawyer of such illegal or immoral contract or

document constitutes malpractice or gross

misconduct in office. He should at least refrain from

its consummation (In re Santiago, 70 Phil. 661;

Panganiban v. Borromeo, 58 Phil. 367, In re Bucana,

72 SCRA 14).

Q: A client refuses to pay Atty. A his contractedattorneys fees on the ground that counsel did notwish to intervene in the process of effecting a fairsettlement of the case. Decide. (2001)

A: Rule 1.04 of the Code of ProfessionalResponsibility provides that a lawyer shall

encourage his clients to avoid, end or settle acontroversy if it will admit of a fair settlement. If a

lawyer should refuse to intervene in a settlement

proceeding, his entitlement to his attorneys fees

may be affected. However, if he has already

rendered some valuable services to the client, he

must be paid his attorneys fees on the basis of

quantum meruit, even if it is assumed that he is

dismissed.

Q: Distinguish Ambulance Chasing from

Barratry (1993)

A: Ambulance chasing is any act of impropersolicitation of cases such as fomenting litigation or

instigating unnecessary lawsuits. It is the practice of

lawyers in frequenting hospitals and homes of the

injured in order to convince them to go to court.

Barratry is an offense of exciting or stirring up suits

and quarrels. Both are improper and unethical acts

of a lawyer. Ambulance chasing refers more to a

lawyer who instigates a victim in a motor vehicle

accident to file a case. Barratry is any form of

fomenting suit.

Q: A businessman is looking for a new retainer. Heapproached you and asked for your schedule ofcharges. He informed you the professional fees heis presently paying his retainer, which is actuallylower than your rates. He said that if your rates arelower, he would engage your services. Will youlower your rates in order to get the client? Explain.(2006)

A: No, I would not. Rule 2.04 of the Code ofProfessional Responsibility provides that a lawyer

shall not charge rates lower than those customarily

prescribed unless circumstances so warrant. This is

aimed against the practice of cutthroat

competition which is not in keeping with the

principle that the practice of law is a noble

profession and not a trade. Moreover, if he agrees,

he would be encroaching on the employment of a

fellow lawyer, which is prohibited by Rule 8.02 of the

Code.


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Q: You are the managing partner of a law firm. Anew foreign airline company, recently grantedrights by the Civil Aeronautics Board at the NAIA, isscouting for a law firm which could handle its casesin the Philippines and provide legal services to thecompany and its personnel. After discussing withyou the extent of the legal services your law firm isprepared to render, the general manager gives youa letter-proposal from another law firm in which itstime-billing rates and professional fees for variouslegal services are indicated. You are asked tosubmit a similar letter-proposal stating your firmsproposed fees. The airline companys general

manager also tells you that, if your proposed feeswould at least be 25 percent lower than thoseproposed by the other firm, you will get the

companys legal business. How would you react tothe suggestion? (1997)

A: I will emphasize to the General Manager that thepractice 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 practice smacks of commercialism. Moreover,

Rule 2.04 of the Code of Professional Responsibility

provides that a lawyer shall not charge rates lower

than those customarily prescribed unless the

circumstances so warrant. I will charge fees that will

be reasonable under the circumstances.

Q: Nene approached Atty. Nilo and asked him if itwas alright to buy a piece of land which Manengwas selling. What was shown by Maneng to Nenewas an Original Certificate of Title with manyannotations and old patches, to which Neneexpressed suspicions. However, Atty. Nilo, desirousof pushing through with the transaction because ofthe high notarial fee promised to him, told Nenethat the title was alright and that she should notworry since he is an attorney and that he knewManeng well. He notarized the Deed of Sale and

Nene paid Maneng P108,000.00. it turned out thatManeng had previously sold the same property toanother person. For the injustice done to Nene,may Atty. Nilo be disciplined? (1998)

A: Yes. Atty. Nilo is guilty of gross negligence inprotecting the interests of his client. A lawyer should

not neglect a legal matter entrusted to him liable,

(Rule 3.01 Code of Professional Responsibility).

Worse, he was negligent because he placed his own

interest in receiving a high notarial fee over and

above the interest of his client. In the case of

Nadayag v. Grageda, 237 SCRA 202, which involves

similar facts, the Supreme Court held that the lawyer

should have been conscientious in seeing to it that

justice permeated every aspect of a transaction for

which his services had been engaged, in conformity

with the a vowed duties of a worthy member of the

Bar.

Q: Prosecutor Coronel entered his appearance onbehalf of the State before a Family Court in a casefor declaration of nullity of marriage, but he failedto appear in all the subsequent proceedings. Whenrequired by the Department of Justice to explain,he argued that the parties in the case were ablyrepresented by their respective counsels and thathis time would be better employed in moresubstantial prosecutorial functions, such asinvestigations, inquests and appearances in courthearings. Is Atty. Coronels explanation tenable?(2006)

A: Atty. Coronels explanation is not tenable the roleof the States lawyer in nullification of marriage

cases is that of protector of the institute of marriage

(Art 48, Family Code). The task of protectingmarriage as an inviolable social institute requires

vigilant and zealous participation and not mere pro

forma compliance (Malcampo-Sin v. Sin, 355 SCRA

285 [2001]). This role could not be left to the private

counsels who have been engaged to protect the

private interest of the parties.

Q: Atty. E has a daily 10-minute radio programbilled as a Court of Common Troubles. The

program is advertised by the radio station as apublic service feature for those who seek butcannot afford to pay for legal advice. Its sponsorsinclude a food processing company and a detergentmanufacturing firm which share with the radiostation the monthly remuneration of Atty. E. Isthere any impropriety in Atty. Es role under the

above arrangement? (1997)

A: Giving advice on legal matters through themedium of a newspaper column or radio or

television broadcast is improper. It would involve

indirect advertising and violation of the confidential

relation between lawyer and client (Agpalo, Legal

Ethics, 1992 ed. P. 82).

Q: Atty. Thess Tuazon writes a regular column in anewspaper of general circulation, as well as legalarticles in a leading magazine. Her by-line alwaysincludes the name of her law firm where she is aname partner. Would you consider this as improperadvertising? Explain. (1993)

A: I would consider putting the by-line under thename of her law firm improper. It is an indirect way

of advertising her law firm. Naming her law firm

achieves no other purpose than to inform the public

and possible clientele of the existence of her law

firm and of her being actively engaged in the

practice of law.

Q: Determine whether the followingadvertisements by an attorney are ethical orunethical. Write Ethical or Unethical, as the

case may be, opposite each letter and explain.


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1. A calling card, 2x2 in size, bearing his name inbold print, office, residence and e-mail address,telephone and facsimile numbers.

2.

A business card, 3x4 in size, indicating theaforementioned data with his photo, 1x1 in size.(2002)

A:

1. Ethical A lawyer, in making known his legalservices shall use only true, honest, fair, dignified

and objective information or statement of facts

(Canon 3, Code of Professional Responsibility)

2. Unethical The size of the card and theinclusion of the lawyers photo in it smacks of

commercialism.

Q: A Justice of the Supreme Court, while reading anewspaper one weekend, saw the followingadvertisement.

The following session day, the Justice called theattention of his colleagues and the Bar Confidantwas directed to verify the advertisement. It turnedout that the number belongs to Attorney X, whowas then directed to explain to the court why heshould not be disciplinarily dealt with for theimproper advertisement. Attorney X, in his answer,averred that (1) the advertisement was notimproper because his name was not mentioned inthe ad; and (2) he could not be subjected todisciplinary action because there was no complaintagainst him. Rule on Attorney Xs contention.(2003, 1998)

A:1. The advertisement is improper because it is a

solicitation of legal business and is tantamount to

self-praise by claiming to be a competent lawyer.

The fact that his name is not mentioned does not

make the advertisement proper. His identity can be

easily determined by calling the telephone number

stated. In the case of Ulep v. Legal Clinic, Inc., 223

SCRA 378 (1993),the Supreme Court found a similar

advertisement to be improper is spite of the fact

that the name of a lawyer was also not mentioned.

2. A complaint is not necessary to initiate disciplinary

action against a lawyer. In Section 1, Rule 139-B of

the Rules of Court, disciplinary action against a

lawyer may be initiated by the Supreme Court motu

proprio.

Q: Determine whether the following advertisementby an attorney is ethical or unethical. WriteEthical or Unethical, as the case may be,

opposite each letter and explain.A small announcement in BALITA, a tabloidin Filipino that the attorney is giving freelegal advice for (the indigent within themonth of) September 2002. (2002)

A: Unethical The announcement in a newspaperthat he will give free legal advice to the indigent is a

form of self-praise. [In re: Tagorda, 53 Phil. 37

(1929)]

Q: Facing disciplinary charges for advertising as alawyer, Atty. A argues that although the calling card

of his businessman friend indicates his law officeand his legal specialty, the law office is located inhis friends store. Decide. (2001)

A: This appears to be a circumvention of theprohibition on improper advertising. There is no

valid reason why the lawyers businessman friend

should be handling out calling cards which contains

the lawyers law office and legal specialty, even if his

office is located in his friends store. What makes it

more objectionable is the statement of his supposed

legal specialty.

Q: A lone law practitioner Bartolome D. Carton,who inherited the law office from his deceasedfather Antonio C. Carton, carries these names:Carton & Carton Law Office. Is that permissible orobjectionable? Explain. (2001, 1996, 1994)

A: Rule 3.02 of the Code of ProfessionalResponsibility provides as follows: In the choice of a

firm name, no false, misleading or assumed name

shall be used; the continued use of the name of

deceased partner is permissible provided that the

firm indicates in all its communications that the

partner is deceased.Since Atty. Antonio C. Carton is a solo

practitioner, it is improper for him to use the firmname Carton & Carton Law Office, which indicates

that he is and/or was in partnership with his father.

Even if he indicates in all his communication that his

father is already dead, the use of the firm name is

still misleading because his father was never his

partner before.

Q: Determine whether the followingadvertisements by an attorney are ethical orunethical. Write Ethical or Unethical, as the

case may be, opposite each letter and explain.

A. xxxB. xxxC. A pictorial press release in a broadsheetnewspaper made by the attorney showing himbeing congratulated by the president of a client

ANNULMENT OF MARRIAGE

Competent Lawyer

Reasonable Fee

Call 221-2221


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corporation for winning a multi-million damage suitagainst the company in the Supreme Court.

D. The same Press release made by his client in atabloid. (2002)

A:C. Unethical A lawyer should not resort to indirect

advertisements such as procuring his photograph to

be published in a newspaper in connection with a

case he is handling. He should not pay or give

something of value to representatives of mass media

in anticipation of, or return for, publicity to attract

legal business (Rule 3.04, Code of Professional

responsibility)

D. Ethical The lawyer can no longer be held

responsible for the action of his client. However, itwould be unethical if he knew about his clients

intention to publish and still did nothing to stop it.

Q: Upon learning from newspaper reports that thebar candidate Vic Pugote passed the barexaminations. Miss Adorable immediately lodged acomplaint with the Supreme Court, praying that VicPugote be disallowed from taking the oath as amember of the Philippine Bar because he wasmaintaining illicit sexual relations with severalwomen other than his lawfully wedded spouse.

However, from unexplained reasons, he succeededto take his oath as a lawyer. Later, whenconfronted with Miss Adorables complaint

formally, Pugote moved for its dismissal on theground that it is already moot and academic.Should Miss Adorables complaint be dismissed ornot? (2004)

A: It should not be dismissed. Her charge involves amatter of good moral character which is not only a

requisite for admission to the Bar, but also a

continuing condition for remaining a member of the

Bar. As such, the admission of Vic Pugote to the Bar

does not render the question moot and academic.

Q: Under the Code of Professional Responsibilitywhat is the principal obligation of a lawyer towardsthe development of the legal system? (2004)

A:A lawyer shall participate in the improvement ofthe legal system by initiating or supporting efforts in

law reform and in the administration of justice

(Canon 4, Code of Professional Responsibility). He

shall keep abreast of legal developments; participate

in continuing legal education programs, support

efforts to achieve high standards in law school as

well as in the practical training of law students and

assist in disseminating information regarding the law

and jurisprudence. (Canon 5, Code of Professional

Responsibility)

Q: D was charged with estafa by C before thebarangay for misappropriating the proceeds of saleof jewelry on commission. In (the) settlement of

the case, D turned over to the barangay captain, alawyer, the amount of P2,000.00 with the requestthat the barangay captain turn over the money toC. Several months passed without C being advisedof the status of her complaint. C contacted D whoinformed her that she (D) had long before turnedover the amount of P2,000.00 to the barangaycaptain who undertook to give the money to her(C). C thus filed a case against the barangay captainwho at once remitted the amount of P2,000.00 toC. May the barangay captain be faultedadministratively? Explain. (2000, 1992)

A: Yes. The Code of Professional Responsibilityapplies to lawyers who are in the government

service. As a general rule, a lawyer who holds a

government office may not be disciplined as amember of the bar for misconduct in the discharge

of his office as a government official. However, if

that misconduct as a government official is of such

character as to affect his qualification as a lawyer or

to show moral delinquency, then he may be

disciplined as a member of the bar on such ground.

(Dinsay v. Cioco, 264 SCRA 703 [1996]). In the case of

Penticostes v. Ibanez, 304 SCRA 281 (1999), a

barangay captain who failed to remit for several

months the amount given to him for payment of an

obligation, was found to have violated the Code of

Professional Conduct.

Q: From the viewpoint of legal ethics, why should itbe mandatory that the public prosecutor be presentat the trial of a criminal case despite the presenceof a private prosecutor? (2001, 1992)

A:The public prosecutor must be present at the trialof the criminal case despite the presence of a private

prosecutor in order to see to it that the interest of

the State is well-guarded and protected, should the

private prosecutor be found lacking in competence

in prosecuting the case. Moreover, the primary duty

of a public prosecutor is not to convict but to see toit that justice is done (Rule 6.01, Code of Professional

Responsibility). A private prosecutor would be

naturally interested only in the conviction of the

accused.

Q: Atty. Herminio de Pano is a former prosecutor ofthe City of Manila who established his own lawoffice after taking advantage of the EarlyRetirement Law. He was approached by EstrellaCabigao to act as private prosecutor in an estafacase in which she is the complainant. It appearsthat said estafa case was investigated by Atty. dePano when he was still a prosecutor. Should Atty.de Pano accept employment as private prosecutorin said estafa case? Explain. (1991)

A: Atty. de Pano should not accept the employmentas private prosecutor as he will be violating Canon 6,


which provides that a lawyer shall not, after leaving


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government service, accept employment in

connection with any matter in which he had

intervened while in said service. The restriction

against a public official using his public position as a

vehicle to promote or advance his tenure in certain

matters which (he) intervened as a public official.

LAWYER AND THE LEGAL PROFESSION

Q: Under the Code of Professional Responsibility,what is the principal obligation of a lawyertowards: the legal profession and the IntegratedBar? (2004)

A: A lawyer shall at all times uphold the integrity anddignity of the legal profession, and support the

activities of the integrated bar. (Canon 7, Code ofProfessional Responsibility)

Q: Prior to his admission to the freshman year in areputable law school. Bar examinee A was chargedbefore the Municipal Trial Court with damage toproperty through reckless imprudence foraccidentally sideswiping a parked jeepney. The casewas amicably settled with A agreeing to pay theclaim of the jeepney owner for P1,000.00. In hisapplication to take the 1997 Bar Examinations, Adid not disclose the above incident. Is he qualifiedto take the Bar Examinations? (1997, 2005)

A: Rule 7.01 of the Code of Professional Responsilityprovides that a lawyer shall be answerable for

knowingly making a false statement or suppressing a

material fact in connection with his application for

admission to the bar In the case of In Re Ramon

Galang, 66 SCRA 245, the respondent repeatedly

omitted to make mention of the fact that there was

a pending criminal case for slight physical injuries

against him in all four (4) applications for admission

to take the bar examinations. He was found to have

fraudulently concealed and withheld such fact from

the Supreme Court and committed perjury. TheSupreme Court cited the rule that the concealment

of an attorney in his application to take the bar

examinations of the fact that he had been charged

with, or indicted for, an alleged crime, is a ground for

revocation of his license to practice law.

As failure to disclose that he had been charged with

damage to property through reckless imprudence in

his application for admission to the bar examinations

disqualifies him. It does not matter that the offense

charged does not involve moral turpitude or has

been amicably settled. It is up to the Supreme Court

to determine whether the offense charged involved

moral turpitude or not. What is important is that he

concealed such fact from the Supreme Court or even

misrepresented under oath that he had not been

charged. This produces an unfavorable impression

on his moral character.

Q: Under the Code of Professional Responsibility,what is the principal obligation of a lawyer towardshis professional colleagues? (2004)

A: A lawyer shall conductedhimself with courtesy,fairness and candor towards his professional

colleagues, and shall avoid harassing tactics against

opposing counsel. (Canon 8, Code of Professional

Responsibility)

Q: May a lawyer give a proper advice andassistance to a client of another lawyer? Supportyour answer. (2001)

A: There is nothing wrong with giving proper adviceand assistance to a client of another lawyer, as long

as no conflict of interest is involved and he does notencroach, directly or indirectly, on the employment

of the said lawyer. However, Rule 8.02 of the Code

of Professional Responsibility allows a lawyer,

without fear or favor, to give a proper advice and

assistance to those seeking relief against unfaithful

and neglectful counsel.

Q: You are the counsel of K in his action for specificperformance against DEV, Inc., a subdivisiondeveloper which is presented by Atty. L. Your clientbelieves that the president of DEV, Inc., would bewilling to consider an amicable settlement and yourclient urges to discuss the matter with DEV, Inc.,without the presence of Atty. L whom heconsidered to be an implement to an earlycomprise. Would it be all right for you to negotiatethe terms of the compromise as so suggested aboveby your client? (1997, 2006)

A: No. Rule 8.02, Canon 8 for the Code ofProfessional Responsibility provides that a lawyer

shall not, directly or indirectly, encroach upon the

professional employment of another lawyer.Canon

9 of the Code Professional Ethics is more particular.

A lawyer should not in any way communicate uponthe subject of the controversy with a party

represented by counsel, much less should he

undertake to negotiate or compromise. In the case

of Likong v. Lim, 135 SCRA 414, a lawyer was

suspended for negotiating a compromise agreement

directly with the adverse party without the presence

and participation of her counsels.

Q: After the pre-trial Atty. Hans Hilado, counsel forplaintiff Jennifer Ng, persuaded defendant Doris Dyto enter into a compromise agreement with theplaintiff without the knowledge and participationof defendants counsel, Atty. Jess de Jose. Doris

acceded and executed the agreement. ThereinDoris admitted her obligation in full and boundherself per annum in ten (10) equal monthlyinstallments. The compromise agreement wasapproved by the court. Realizing that she wasprejudiced, Doris Dy filed an administrativecomplaint against Atty. Hilado alleging that the


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Q: In a pending labor case, Atty. A filed a PositionPaper on behalf of his client, citing a Supreme Courtcase and quoting a portion of the decision thereinwhich he stated reflected the ratio decidendi.However, what he quoted was not actually theSupreme Court ruling but the argument of one ofthe parties to the case. May Atty. A be faultedadministratively? Explain. (2000)

A: Yes, he may be faulted administratively. A lawyerowes candor, fairness and good faith to the court.

Rule 10.02 of the Code of Professional Conduct

expressly provides that a lawyer shall not knowingly

misquote or misrepresent the contents of a paper,

the language or the argument of opposing counsel,

or the text of a decision or authority, or knowingly

cite as law a provision already rendered inoperativeby repeal or amendment, or assert as a fact that

which has not has been proved. To cite an argument

of one of the parties as a ratio decidendi of a

Supreme Court decision shows, at least, lack of

diligence on the part of Atty. A (Commission on

Election v. Noynay, 292 SCRA 254[1998]).

Q: When is public comment and criticism of a courtdecision permissible and when would it beimproper? (1997)

A: A lawyer, like every citizen, enjoys the right tocomment on and criticize the decision of the court.

As an officer of the court, a lawyer is expected not

only to exercise that right but also to consider it his

duty to expose the shortcomings and indiscretion of

courts and judges. But such right is subject to the

limitation that it shall be bona fide. It is proper to

criticize the court and judges, but it is improper to

subject them to abuse and slander, degrade them or

destroy public confidence in them. Moreover, a

lawyer shall not attribute to a judge motive not

supported by the record or have no materiality in

the case (Rule 11.04, Code of Professional

Responsibility).

Q: Having lost in the Regional Trial Court and thenin the Court of Appeals, Atty. Mercado appealed tothe Supreme Court. In a minute resolution, theSupreme Court denied his petition for review forlack of merit. He filed a motion for reconsiderationwhich was also denied. After the judgment hadbecome final and executor, Atty. Mercado publiclycriticized the Supreme Court for having renderedwhat he called an unjust judgment, even as heridiculed the members of the Court by direct insultsand vituperative innuendoes. Asked to explain whyhe should not be punished for his clearlycontemptuous statements, Atty. Mercado sets upthe defense that his statements were uttered afterthe litigation had been finally terminated and thathe is entitled to criticize judicial actuations. Is Atty.Mercados contention tenable? Explain.(1993)

A: Atty. Mercados contention is not tenable. Whilehe is free to criticize the decision itself, he is not at

liberty to call said judgment an unjust judgment and

to ridicule the members of the court. It is one thing

to analyze and criticize the decision itself, which is

proper, and it is another thing to ridicule the

members of the court, which is wrong. The right of a

lawyer to comment on or criticize decision of a judge

or his actualizations is not unlimited. It is the

cardinal condition of all such criticism that it shall be

bona fide, and shall not spell over the walls or

decency and propriety. A wide chasm exists between

fair criticism, on the one hand, and abuse and

slander of courts and judges on the other. A

publication in or outside the court tending to

impede, obstruct, embarrass or influence the courts

in administering justice in a pending suit, or todegrade the courts, destroy public confidence in

them or bring them into disrepute, whether or not

there is a pending litigation, transcends the limits of

fair comment. Such publication or intemperate and

unfair criticism is a gross violation of the lawyers

duty to respect the courts. It is a misconduct that

subjects him to disciplinary action.

Q: In a petition for certiorarifiled with the SupremeCourt, Atty. Dizon alleged that Atty. Padilla, a legalresearcher in the Court of Appeals drafted theassailed Decision; that he is ignorant of theapplicable laws and that he should be disbarred.Can Atty. Dizon, in castigating Atty. Padilla, be heldliable for unethical conduct against the Court ofAppeals? (2006)

A: Yes. He can be held liable for lack of respect forthe Court of Appeals. Decisions are rendered by the

courts and not the persons or personnel who may

participate therein by virtue of their office. It is

highly improper and unethical for counsel to impute

the allegations against Atty. Padilla. Counsel for the

petitioner should be reminded of the elementary

rules of the legal profession regarding respect forthe courts by the use of proper language in its

pleading and should be admonished for his improper

references to the researcher of the CA in his

petition. A lawyer should avoid scandalous, offensive

or menacing language or behavior before the courts

(Maglucot-Aw v. Maglucot, 329 SCRA 78 [2000])

Q: Under the Code of Professional Responsibility,what is the principal obligation of a lawyer towardsthe administration of justice (2004)

A:A lawyer shall not exert every effort and considerhis duty to assist in the speedy and efficient

administration of justice.(Canon 12, Code of

Professional Responsibility)

Q: On June 8, 2001, RJ field with the Supreme Courta petition for prohibition, with a prayer for atemporary restraining order or preliminaryinjunction, to forestall his removal as chairman and


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general manager of the government agency. Hebelieved he had a fixed term until January 31, 2004,but there are indications that the new presidentwould replace him. As he had apprehended, anAdministrative Order was issued by the ChiefExecutive on July 2, 2001 recalling RJs

appointment. Shortly thereafter, PT was appointedto the position. On July 3, 2003, RJ filed a motion towithdraw his petition. On the same day, withoutwaiting for the resolution of his motion, he filedanother petition with the Regional Trial Courtseeking to prevent his removal as chairman andgeneral manager of the government agency. OnJuly 8, 2001, his motion to withdraw the firstpetition was granted by the Supreme Court withoutprejudice to his liability, if any, for contempt for

engaging in forum-shopping. Is he guilty of forum-shopping? Explain. (2002, 1991)

A:RJ is guilty of forum-shopping. Forum-shopping isthe practice of filing multiple actions arising from the

same cause (Rule 12.02, Code of Professional

Responsibility). It is clear that RJs petition for

prohibition was still pending in the Supreme Court

when he filed the same petition in the Regional Trial

Court. He should have waited first for the resolution

of his motion to withdraw before filing the second

petition because he cannot assume that the motion

will be granted.

Q: The Supreme Court issued a resolution in a casepending before it, requiring the petitioner to file,within ten (10) days from notice, a reply to therespondents comment. Attorney A, representingthe petitioner, failed to file the reply despite theextension given by the Court. The Supreme Courtdismissed the petition for non-compliance with itsresolution. Attorney A timely moved for thereconsideration of the dismissal of the petition,claiming that his secretary, who was quite new inthe office, failed to remind him of the deadline

within which to file a reply. Resolve Attorney Asmotion. (2003)

A: Attorney As motion is not meritorious. He hasviolated Rule 12.03 of the Code of Professional

Responsibility which provides that a lawyer shall

not, after obtaining extensions of time to file

pleadings, memoranda or briefs, led the period lapse

without submitting the same or offering an

explanation for his failure to do so. His claim that it

was the fault of his secretary is not sufficient. He

cannot take refuge behind the inefficiency of his

secretary because the latter is not a guardian of the

lawyers responsibilities (Nidua v. Lazaro, 174 SCRA

581).

Q: Atty. A is offered professional engagement toappear before Judge B who is As relative,

compadreand former office colleague. Is A ethicallycompelled to refuse the engagement? Why? (2001)

A: A lawyer shall rely upon the merits of the causeand refrain from any impropriety which tends to

influence, or gives the appearance of the influencing

the court (Canon 13, Code of Professional Conduct).

There is no ethical constraint against a lawyer

appearing before a judge who is a relative, compadre

or former office colleague as long as the lawyer

avoids giving the impression that he can influence

the judge. On the other hand, the judge is required

by the Code of Judicial Conduct not to take part in

any proceeding where his impartiality may be

reasonably questioned (Rule 3.12 Code of Judicial

Conduct). Among the grounds for mandatory

disqualification of the judge is if any of the lawyers is

a relative by consanguinity or affinity within the

fourth degree.

Q: Attorney A is the legal counsel of AngManggagawa, a labor union whose case is pendingbefore the Court of Appeals. In order to press forthe early resolution of their case, the union officersdecided to stage a demonstration in front of theCourt of Appeals, which Attorney A, whenconsulted, approved of, saying that it was theirconstitutional right to peaceably assemble andpetition the government for redress of theirgrievances and for the speedy disposition of theircases before all judicial, quasi-judicial oradministrative bodies. Is it appropriate for AttorneyA to give that advice to the union officers? Explain.(2003)

A: The advice of Attorney A is not proper. In the caseof NestlePhilippines, Inc. v. Sanchez, 154 SCRA 542

(1987), the Supreme Court held that picketing before

a court are attempts to pressure or influence the

courts of justice and constitute contempt of court.

The duty of advising the picketers and their leaders

lies heavily on their lawyers.

Q: Before he joined the bench, Judge J was a former

vice-mayor. Judge J also writes a weekly column ina local newspaper. In his column, Judge J wrote:

I was wondering if the present vice-mayor can shed off his crocodile hide sothat he can feel the clamor of the publicfor the resignation of hoodlum publicofficers of which he is one.

When charged administratively, Judge Jinvoked freedom of expression. Is his defensetenable? Explain. (2000)

A: The judges reliance on freedom of expression isuntenable. The judges vicious writings compromise

his duties as a judge in the impartial administration

of justice. His writings lack judicial decorum which

requires the use of temperate language at all times.

The judge should not instigate litigation (Galang v.

Santos, 307 SCRA 583 {1999}, Royeca v. Animas, 71

SCRA 1 {1976}).


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Q: Atty. J requested Judge K to be a principalsponsor at the wedding of his son. Atty. J met JudgeK a month before. During an IBP-sponsoredreception to welcome Judge K into the community,and having learned that Judge K takes his breakfastat a coffee shop near his (Judge Ks) boarding

house, Atty. J made it a point to be at the coffeeshop at about the time that Judge K takes hisbreakfast. Comment on Atty. Js acts. Do they

violate the Code of Professional Responsibility?(2000)

A: Yes, his actions violate the Code of ProfessionalResponsibility. Rule 13.01 of the same Code provides

that a lawyer shall not extend extraordinary

attention or hospitality to, nor seek opportunity for,

cultivating familiarity with judges. Atty. J obviouslysought opportunity for cultivating familiarity with

Judge K by being at the coffee shop where the latter

takes his breakfast, and is extending extraordinary

attention to the judge by inviting him to be a

principal sponsor at the weeding of his son.

Q: As a defense counsel for the accused in asensational case for abduction which the media iscovering, you are fully convinced from the judges

actuations that he is biased against your client. Youare asked by the reporters to comment on theproceedings and the judges conduct. How shouldyou react on the matter? (2003)

A: I will decline to give any comment. Rule 13.02 ofthe Code of Professional Responsibility provides that

a lawyer shall not make public statements in the

media regarding a pending case tending to arouse

public opinion for against a party.

LAWYER AND THE CLIENT

Q: Atty. DDs services were engaged by Mr. BB asdefense counsel in a lawsuit. In the course of the

proceedings, Atty. DD discovered that Mr. BB wasan agnostic and a homosexual. By reason thereof,Atty. DD filed a motion to withdraw as counselwithout Mr. BBs express consent. Is Atty. DDsmotion legally tenable? Reason briefly. (2004)

A: No. Atty. DDs motion is not legally tenable. Hehas no valid cause to terminate his services. His

client, Mr. BB, being an agnostic and homosexual,

should not be deprived of his counsels

representation solely for that reason. A lawyer shall

not decline to represent a person solely on account

of the latters race, sex, creed or status of life or

because of his own opinion regarding the guilt of

said person (Canon 14,Rule 14.01, Code of

Professional Responsibility).

Q: What is a lawyers duty if he finds that he cannothonestly put up a valid or meritorious defense buthis client insists that he litigate? Explain. (2002,2001)

A: It depends, if it is a criminal case, he may notdecline to represent the accused solely on his

opinion regarding the guilt of said person (Rule

14.01, Code of Professional Responsibility). The

Supreme Court has held that a counsel de officio has

the duty to defend his client no matter how guilty he

perceives him to be {People v. Nadera, Jr.,324 SCRA

490(2002)}. But if the case is a civil case, he should

decline to accept the same. In a civil action, the rules

and ethics of the profession enjoin a lawyer from

taking a bad case. The Attorneys signature in every

pleading constitutes a certification that there is good

cause to support it and that it is not interposed for

delay. It is the Attorneys duty to counsel or maintain

such actions or proceedings only as appear to him to

be just and such defenses only as he believes to behonestly debatable under the law.

Q: May lawyer decline a request for the free legalaid to an indigent accused made by a chapter of theIntegrated Bar of the Philippines (IBP)? Explain.(2002)

A: Rule 14.02 of the Code of ProfessionalResponsibility provides that a lawyer shall not

decline, except for serious and sufficient cause, an

appointment as counsel de officio for as amicus

curiae or a request from the Integrated Bar of the

Philippines or any of its chapter for rendition of free

legal aid. He may, therefore, decline such as

appointment for serious and sufficient cause. For

example, he may decline such appointment if it will

involve a conflict of interest with another client.

Q: When may refusal of a counsel to act as counselde oficiobe justified on grounds aside from reasonsof health, extensive travel abroad, or similarreasons of urgency? Support your answer. (2001)

A: Other justified grounds for refusal to act as

counsel de oficioare:(a) Too many de oficio cases assigned to the

lawyer (People v. Daeng, 49 SCRA 222);

(b) Conflict of interest (Rule 14.03, CPR);(c) Lawyer is not in a position to carry out the

work effectively or competently (supra);

(d) Lawyer is prohibited from practicing law byreason of his public office which prohibits

appearances in court; and

(e) Lawyer is preoccupied with too many caseswhich will spell prejudice to the new clients.

Q: Atty. Vidal, a semi-retired Metro Manila lawpractitioner, has a cattle ranch in the remotemunicipality of Caranglan, Neuva Ecija. He attendsto his law office in Manila on Mondays, Tuesdaysand Wednesdays, and spends the rest of the weekin his cattle ranch riding horses and castrating bulls.In a criminal case pending before the MunicipalTrial Court of Caranglan, the only other licensedmember of the Bar is representing the private


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complainant. The accused is a detention prisoner.The judge wants to expedite proceedings.1. What must the judge do to expediteproceedings?2. If Attorney Vidal is appointed to act as counselde oficiofor the accused, could he refuse by sayingthat in the province, he does not want to doanything except ride horses and castrate bulls?Explain. (1993)

A:1. The judge may appoint Atty. Vidal as counsel deoficio in order to expedite the proceedings. This is

especially because the accused is a detention

prisoner who is presumed to be indigent and cannot

retain a paid counsel.

2. Atty. Vidal cannot validly refuse theappointment as counsel de oficio. While it is true

that he stays in the province to rest during the latter

part of the week as lawyer he must comply with his

oath to assist in the administration of justice. This

precisely one the objective of the Integrated Bar

which is to compel all lawyers in the active practice

or not to comply with their obligation to assist in the

administration of justice.

Q: May a lawyer decline as appointment by thecourt as counsel de oficiofor an accused because hebelieves, and is fully convinced that the accused isguilty of the crime charged? (1991)

A: A lawyer may not decline an appointment ascounsel de oficio even if he is convinced that the

accused is guilty. It is his obligation to at least

protect his rights. He might even have him acquitted

or at least reduce his penalty depending on the

evidence presented during the trial.

Q: Will your answer be different if the legal aid isrequested in a civil case? (2002)

A: My answer will not be exactly the same, becausein a civil case, the lawyer can also decline if he

believes the action or defense to be unmeritorious.

He is ethically bound to maintain only actions and

proceedings which appear to him to be just and only

such defenses which he believes to be honestly

debatable under the law.

Q: Should a lawyer accept the losing case in a civilcase. Explain. (1996)

A: A lawyer may not accept a losing civil case.Firstly, his signature in every pleading constitutes a

certification that there is good cause to support it

and that it is not interposed for delay (Sec. 5, Rule 7,

Rules of Court). Secondly, it is the lawyers duty to

counsel or maintain such actions or proceedings only

as appear to him to be just and such defenses only

as he believes to be honestly debatable under law

(Sec. 20(a), Rule 138, Rules of Court). Thirdly, he is

not to encourage either the commencement or

continuance of an action or proceeding or delay in

any mans cause for any corrupt motive or interests

(Sec. 20(g), Rule 138). Fourthly, he must decline to

conduct a civil cause or to make a defense when

convinced that it is intended merely to harass or

endure the opposite party or to work oppression or

wrong (Canon 130, Canons of Professional Ethics). If

a lawyer were to accept a bad civil case, it will either

be to exert to his best efforts towards a compromise

or, if unsuccessful, to advice his client to confess

judgment.

Q: Would your be the same if he is asked to becounsel for a defendant in a civil case whosedefense is based on falsified documents? If youranswer is different, explain the ethical

considerations for difference. (1991)

A: If the defense in a civil case is based on falsifieddocuments the lawyer should decline. That is in

compliance with the lawyers oath that he should

not wittingly nor willingly promote or sue any

groundless false or unlawful cause or give nor

consent to the same. He is obligated not to delay a

mans cause for money or malice.

LAWYER AND THE CLIENT

Q: Under the Code of Professional Responsibility,what is the principal obligation of a lawyer towardshis client (2004)

A: A lawyer shall observe candor, fairness andloyalty in all his dealings and transactions with his

client. (Canon 15, Code of Professional

Responsibility)

Q: X was indicted for murder. As he had no counselon arraignment, the trial court appointed Atty. A ashis counsel de oficio. When Atty. A asked X whatwas his stand, X said he was guilty. X thereupon

pleaded guilty. Trial was thereafter conducted.When the turn of the defense to present evidencecame, Atty. A manifested that he was notpresenting any and that he was submitting the casefor decision, praying that Xs plea be considered

mitigating. Did Atty. As assistance or conduct

approximate the competence and deligence whichthe Code of Professional Responsibility expectedhim? Explain. (2000)

A: No, it is the duty of the defense counsel when hisclient desires to enter a plea of guilty to fully

acquaint himself with the facts and surrounding

circumstances of the case, advise his client of his

constitutional rights and the full import of a plea

guilty, see to it that the prescribed procedure is

observed, present evidence, including possible

mitigating circumstances, so that the precise degree

of his clients culpability is established and the

appropriate penalty is imposed, and thus leave no

room for doubt that there was a mistake and


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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: On the day of his arraignment, your clientconfided in you that he in fact killed the victim forwhich he was being charged with murder. You hadbeen led to believe initially that he was just beingframed and that another person had committed thecrime. How would you advise your client to plead?(1994)

A: I would first inquire fully into the circumstancesunder which he killed the victim. If I find out that he

is guilty as charged, I would advise him to plead

guilty, after explaining to him his constitutional

rights and the import of plea of guilty.

Q: On the day of his arraignment, your clientconfided in you that he in fact killed the victim forwhich he was being charged with murder. You hadbeen led to believe initially that he was just beingframed and that another person had committed thecrime. If he should refuse to heed your advice, whatcourse of action would you pursue? (1994)

A:If he should refuse to follow my advice, I will stillrender effective legal assistance to him, I will spare

no effort to save him from an unrighteous conviction

and to present, by all fair and reasonable means,

every defense or mitigating circumstance that the

law permits to the end that he may not be deprived

of life or liberty but by due process of law legally

applied.

Q: Explain your understanding of Conflict of

Interest under the Code of professionalResponsibility. (1997, 1993)

A: A lawyer is prohibited from representingconflicting interest. There is conflict of interests

within the context of the rule when, on behalf ofclient, it is the lawyers duty to contented for that

which his duty to another client requires him to

oppose. Another test is wether the acceptance of a

charging fully his duty of undivided fidelity and

loyalty to another client or invite suspicion of

unfaithfulness or double-dealing in the performance

thereof.

It is improper for a lawyer to appear as

counsel for one party against his present client even

in a totally unrelated case. With regard to former

client, the traditional rule is to distinguish between

related and unrelated cases. A lawyer may not

represent a subsequent client against former client

in a controversy that is related, directly or indirectly,

to the subject matter of the previous litigation in

which he appeared for the former client, otherwise,

he may. However, in the case of Rosacia vs. Atty.B.

Bulalacao, 248 SCRA 665, the Supreme Court ruled

that a lawyer may not accept a case against a former

client, even on an unrelated matter.

The Court reiterates that an attorney owes

loyalty to his client not in the case in which he has

represented him but also after the relation of

attorney and client has terminated as it is not good

practice permit after-wards to defend in another

case other person against his former client under the

pretext that the other case. It behooves respondent

not only to keep inviolate the clients confidence but

also to avoid the appearance of treachery and

double-dealing for only then can litigants be

encourage to entrust their secrets to their attorneys

which is of paramount importance in the

administration of justice.

Q: Atty. Belle Montes is a former partner in theRosales Law Office which is representingCorporation X before the Securities and ExchangeCommission. Atty. Montes who is now practicing onhis own, entered her appearance as counsel forCorporation Y in a suit between said corporationand Corporation X. Atty. Montes claims that sinceshe did not personally handle the case ofCorporation X when she was still with the RosalesLaw Office she will not be representing conflictinginterests. Is such argument valid? Explain. (1992)

A: Atty. Belle Montes will be deemed to beappearing for conflicting interests if she appears for

Corporation Y against Corporation X.

This question is similar to the case of

Philippine 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 separated from said law firm and

established their own law office. The three lawyers

were disqualified from appearing for a corporation

against the Philippine Blooming Mills.

The rule prohibiting appearing for

conflicting interests applies to law firms. The

employment of one member of a law firm is

considered as an employment of the law firm and

that the employment of a law firm is equivalent to a

retainer of the members thereof.

Q: Primo, Segundo and Tercero are co-accused ininformation charging them with the crime ofhomicide. They are respectively represented byAttys. Juan Uno, Jose Dos and Pablo Tres. Duringthe pre-trial conference, Attys. Uno and Dosmanifested to the court that their clients areinvoking alibi as their defense. Atty. Tres made itknown that accused Tercero denies involvementand would testify that Primo and Segundo actuallyperpetrated the commission of the offense chargedin the information.

In one hearing during the presentation ofthe prosecutions evidence in chief, Atty. Uno failed


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to appear in court. When queried by the Judge ifaccused Primo is willing to proceed with thehearing despite his counsels absence, Primo gavehis consent provided Attys. Dos and Tres would bedesignated as his joint counsel de oficio for thatparticular hearing. Thereupon, the court directedAttys. Dos and Tres to act as counsel de oficio ofaccused Primo only for purposes of the scheduledhearing.

Atty. Dos accepted his designation, butAtty. Tres refused. Is there any impediment to Atty.Dos acting as counsel de oficio for accused Primo?Reason. (2004)

A: There is no impediment to Atty. Dos acting ascounsel de oficio for accused Primo. There is no

conflict of interest involved between Primo and hisclient Segundo, considering that both are invoking

alibi as their defense.

Q: May Atty. Tres legally refuse his designation ascounsel de oficio of accused Primo? Reason. (2004)

A: Atty. Tres may legally refuse his designation ascounsel de oficio accused Primo. Since the defense

of his client Tercero is that Primo and Segundo

actually perpetrated the commission of the offense

for which they are all charge, there is a conflict of

interest between Tercero and Primo. There is

conflicting interest if there is inconsistency in the

interests of two or more opposing parties. The test

or whether or not in behalf of one client, it is the

lawyers duty to fight for an issue or claim but it is

his duty to oppose it for the other client (Canon 6,

Canons of Professional Ethics).

Q: You are the counsel for the estate of a deceasedperson. Your wife is a practicing Certified PublicAccountant. She was asked by her client to prepareand submit an itemized claim against the estateyou are representing. She asks for your advice on

the legal propriety of her clients claim. Whatadvice would you give her? Explain. (2003)

A:I would advise her that it will be improper for herto handle her clients claim against the estate. As a

counsel for the estate, it is my duty to preserve the

estate. Her clients claim seeks to reduce the said

estate. If she will handle such claim, I can be

suspected of representing conflicting interests. The

interests of the estate and of its creditors are

adverse to each other (Nakpil v Valdez, 288 SCRA

75{1998}). Even if she is a different person, the fact

that she is my wife will still give rise to the

impression that we are acting as one.

Q: You are the lawyer of Mr.H, the plaintiff, in acivil case for rescission of contract. The prospectsfor an amicable settlement look bright. Impressedby your ability, Mr. I, the defendant, would likevery much to retain you as his defense counsel in acriminal case for homicide through reckless

imprudence. Mr. I wants you to forthwith enteryour appearance, the arraignment already havingbeen scheduled. Would you accept the offer?(1997)

A: It depends. If the criminal case for homicidethrough reckless imprudence is against Mr. H, I

cannot accept the same for that will involve a

conflict of interest, although it is an unrelated case.

But if it will not involve Mr. H, I can accept the

same. However, to avoid suspicion and

misunderstanding, it would be better if I inform Mr.

Habout the offer and secure his conformity to my

handling the same.

Q: Atty. B acted as counsel for C in a civil case. He

also acted as counsel for D against C in another civilcase. When D lost his case against C, he filed anadministrative complaint against Atty. B for conflictof interest. Decide. (1991)

A: If the case of C in the first case is entirely differentand not related with the case of D against C, there is

no conflict of interest. If the two cases however are

related wherein the attorney has knowledge of the

evidence of C then there is conflict of interest. Rule

15.01 provides that: A lawyer in conferring with a

prospective client shall ascertain as soon as

practicable whether the matter would involve a

conflict with another client or his own interest, and if

so, shall forthwith inform the prospective client. Rule

15.03 further provides that: A lawyer shall not

represent conflicting interest except by written

consent of all concerned given after a full disclosure

of the facts.

Q: The law firm of Sale, Santiago and Aldeguer hasan existing and current retainership agreementwith XYZ Corporation and ABC Company, both ofwhich were pharmaceutical firms. XYZ Corporationdiscovered that a number of its patented drugs had

been duplicated and sold in the market under ABCCompanys brand names. XYZ Corporation turned

to the law firm and asked it to bring suit againstABC Company for patent infringement on severalcounts. What are the ethical considerationsinvolved in this case and how are you going toresolve them? (1994)

A:A lawyer may refuse to accept the representationof a client if he labors under conflict of interest

between him and the prospective client or between

a present client and the prospective client (Rule

14.03, Canon 14, Code of Professional

Responsibility). It is unprofessional for a lawyer to

represent conflicting interests, except by express

consent of all concerned given after full disclosure of

the fact (Canon 6, Canons of Professional Ethics). A

lawyer cannot accept a case against a present client

either in the same case or a totally unrelated case.


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Q: A, who is charged in Court with estafa formisappropriating funds entrusted to him by B,consulted Atty. C about the case with the intentionof engaging his services as defense counsel.Because A could not afford to pay the fee that Atty.C was charging him, A engaged the services ofanother counsel, Atty. D. At the trial of the case forthe estafa against A, the prosecutor announced inopen court that his next witness was Atty. C, whomhe was calling to the witness stand. Counsel for A,Atty. D, vigorously opposed the prosecutors move

on the ground Atty. C may not be called as witnessfor the prosecution as he might disclose a would beclients confidence and secret. Asked by the

presiding Judge what would be the nature of Atty.Cs testimony, the prosecutor saidit has something

to do with how A obtained from B the funds thatthe latter received from the former but failed toaccount for. Thereupon, Atty. A vigorously opposedthe prosecutors motion. If you were the Judge,how would you rule on the matter? (1999)

A: If I were the judge, I will not allow Atty. C to takethe witness stand. When A consulted Atty. C about

his case, a lawyer-client relationship was established

between them. It does not matter that A did not

eventually engage his services because of his fees;

such relationship has already been created (Hilado

v. David,84 Phil 569). A lawyer shall be bound by the

rule on privileged communication in respect to

matters disclosed to him by a prospective client

(Rule 15.02 Code of Professional Responsibility). The

rule on privileged communication provides that an

attorney cannot, without the consent of his client,

be examined as to any communication made by the

client to him (Sec.21 [b], Rule 130, Rules of Court).

The prosecutor has announced that Atty. C will be

asked about how A obtained from B the funds that

he failed to account for. Atty. Cs knowledge of such

matter could have come only from A.

Q: In the course of a drinking spree with Atty.Holgado who has always been his counsel inbusiness deals, Simon bragged about his recentsexual adventures with socialites known for theirexpensive tastes. When Atty. Holgado asked Simonhow he manages to finance his escapades, thelatter answered that he has been using the bankdeposits of rich clients of Banco Filipino where heworks as manager. Is Simons revelation to Atty.Holgado covered by the Attorney-client privilege?(2006)

A: Simons revelation to Atty. Holgado is not coveredby the lawyer-client privilege. In the first place, it

was not made on account of a lawyer-client

relationship, that is, it was not made for the purpose

of seeking legal advice. In the second place, it was

not made in confidence. (Mercado v. Vitriolo, 459

SCRA 1 {2005}). In the third place, the Attorney-

client privilege does not cover information

concerning a crime or a fraud being committed or

proposed to be committed.

Q: Mrs. F, a young matron, was referred to you forlegal advice by your good friend in connection withthe matrons jewelry business. She related to youthe facts regarding a sale on consignment of piecesof jewelry to someone she did not name or identify.Since she was referred to you by a close friend, youdid not bill her for the consultation. Neither did sheoffer to compensate you. Six months later, Mrs. G,the wife of the general manager of a clientcompany of your law firm, asked you to defend herin a criminal case for estafa filed by Mrs. F. Wouldyou agree to handle her case? (1997)

A: First, I will inquire if the case for estafa filed byMrs. F against the wife of the general manager is the

same matter concerning which Mrs. F consulted me

six months before. If it is a same matter, I will not be

able to handle the case for the general managers

wife, because of a conflict of interest. When Mrs. F

consulted me and I give her professional advice, a

lawyer-client relationship was created between us,

regardless of that fact that I was not compensated

for it. It would involve a conflict of interest if I will

handle the case for the opposite party on the same

matter (Hilado v. David, 84 Phil. 571).

Q: Atty. Juan Cruz, a practicing lawyer, wasemployed by Pilipinas Bank as its bank attorneyand notary public in three of its branches in Manila.While thus employed, Maria del Rio, who wasunaware of Atty. Cruzs employment in the bank,engaged Atty. Cruzs services as a lawyer in a case

that was filed by Pilipinas Bank for collection ofsum of money involving one of its branches inQuezon City which Atty. Cruz accepted. The QuezonCity Regional Trial Court, after due proceeding andhearing, rendered judgment in favor of PilipinasBank and against Maria del Rio who wanted to

appeal the adverse judgment. But upon advice ofAtty. Cruz, the adverse judgment was not appealed.Thereafter, Maria del Rio learned Atty. Cruz wasemployed by Pilipinas Bank as one of its attorneys.She now consults with you and asks you to takelegal steps against Atty. Cruz for his apparentmisconduct. What do you think of what Atty. Cruzdid? Is there a valid and legal basis to disciplinehim? (1999, 2006)

A: In agreeing to represent Maria del Rio in a casewhich Pilipinas Bank filed against her, Atty. Cruz

violated the rule against representing conflicting

interests. Rule 15.03 of the Code of Professional

Responsibility provides that a lawyer shall not

represent conflicting interests except by written

consent of all concerned after a full disclosure of the

facts. It is improper for a lawyer to appear as counsel

for a person whose interest conflicts with that of his

present or former client, even in an unrelated case

(Philippine National Bank vs. Cedo, 243 SCRA 1). It


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does not matter that the Pilipinas Bank branch in

Quezon City is not the one of the branches he

services in Manila. The bank itself is his client. This

constitutes malpractice for which Atty. Cruz can be

disciplined.

Q: Huey Company and Dewey Corporation are bothretainer clients of Atty. Anama. He is the CorporateSecretary of Huey Company. He represents DeweyCorporation in three pending litigation cases.Dewey Corporation wants to file a civil case againstHuey Company and has requested Atty. Anama tohandle the case. What are the options available toAtty. Anama? Explain your answer. (1993)

A:The options available to Atty. Anama are:

A) To decline to accept the case because to doso will constitute representing conflicting interests.

It is unethical for a lawyer to represent a client in a

case against another client in the said case.

B) To accept to file the case against HueyCompany, after full disclosure to both retained

clients and upon their express and written consent.

The written consent may free him from the charge

of representing conflicting interests, because written

consent amounts to a release by the clients of the

lawyers obligation not to represent conflicting

interests.

Q: If you were Atty. Anama, which option wouldyou take? Explain. (1993)

A:If I were Atty. Anama, I will choose the first optionand inhibit myself in the case as both entities are my

clients. The conflict of interests between the

contending clients may reach such as point that,

notwithstanding their consent to the common

representation, the lawyer maybe suspected of

disloyalty by one client. His continuing to act in a

double capacity strikes deeply in the foundation ofthe Atty. client relationship.

Q:Atty. Japzon, a former partner of XXX law firm, isrepresenting Kapuso Corporation in a civil caseagainst Kapamilya Corporation whose legal counselis XXX law firm. Atty. Japzon claims that she neverhandled the case of Kapamilya Corporation whenshe was still with XXX law firm. Is there a conflict ofinterest? Explain. (2005)

A: There is a conflict of interest when a lawyerrepresents inconsistent interests. This rule covers

not only cases in which confidential communications

have been confided, but also those in which no

confidence has been bestowed or will be used. Also,

there is conflict of interest if the new retainer will

require the attorney to perform an act which he

represents him and also where he will be called

upon in his new relation to use against his first client

any knowledge acquired through their connection

(Santos vs. Beltran, 418 SCRA 17 [2003]). Since Atty.

Japzon was a partner of the XXX law firm which has

Kapamilya Corporation as its client, she cannot

handle a case against it as such will involve conflict

of interest. The employment of a law firm is

equivalent to the retainer of the members therof. It

does not matter if Atty. Japzon never handled a case

of the Kapamilya Corporation when she was still with

the XXX law firm.

Q: Winnie retained the services of Atty. Derecho tofile a collection case against Carmen. Winnie paidAtty. Derecho a sizeable retainers fee which the

latter accepted. Later, in the process of determiningthe amount of debt to be collected from Carmen,Atty. Derecho noticed that of the total claim of 8.5

Million, certain invoices covering 3.5 Millionappeared to be irregular. Winnie while admittingthe irregularity assures her lawyer that there wouldbe no problem as Carmen was by nature negligentin keeping her records and would not notice themistakes anyway. Atty. Derecho tried to convinceWinnie to exclude the amount of 3.5 Million butWinnie refused. As a consequence Atty. Derechoterminated their relationship and withdrew fromthe case. Was Atty. Derecho right in terminatingtheir relationship and withdrawing from the case?How about the fact that he had already accepted asizeable retainers fee from his client? Discuss fully.(1995)

A: Atty. Derecho was right terminating the lawyer-client relationship and withdrawing from the case.


provides that a lawyer may withdraw his services

when the client pursues an illegal or immoral course

of conduct in connection with the matter he is

handling, or when the client insists that the lawyer

pursue conduct violative of the canons and rules.

Rule 15.07 provides that a lawyer shall impress upon

his client compliance with the laws and the

principles of fairness. While he owes his client warmzeal, it should always be within the bounds of the

law. (Canon 19, Code of Professional Responsibility).

The fact that Atty. Derecho had already accepted a

sizeable retainers fee should make no difference on

his decision to withdraw. Moreover, he may retain

the fees he has already received, his withdrawal

being justified (Pineda, Legal & Judicial Ethics, 1994

edition, p. 223), unless the same is unconscionable.

Q: A lawyer charged his client P10, 000.00 for filingfees pertaining to the complaint he filed in court.He actually spent only P1, 000.00. He did notaccount the balance. May his client charge him formisconduct as a member of the Philippine bar?Explain your answer. (1990)

A: The client may charge his lawyer with misconductfor not accounting for the balance on P9, 000.00. it is

well settled that where the client gives his lawyer

money for a specific purpose, such as to pay the


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docket fees for the filling of an action in court, so

much of the money not used for the purpose

belongs to the client and the lawyer holds in it trust

for him. And it is the lawyers duty to promptly

account for all money received from his client. For

this reason, the lawyers failure to account for the

balance of the money not spent for filling fees will

render him liable for misappropriation, which is a

ground for disbarment.

Q: C engaged the services of attorney D concerningvarious mortgage contracts entered into by herhusband from whom she is separated fearful thather real estate properties will be foreclosed and ofimpending suits for sums of money against her.Attorney D advised C to give him her land titles

covering her lots so he could sell them to enableher to pay her creditors. He then persuaded her toexecute deeds of sale in his favor without anymonetary or valuable consideration, to which Cagreed on condition that he would sell the lots andfrom the proceeds pay her creditors. Later on, Ccame to know that attorney D did not sell her lotsbut instead paid her creditors with his own fundsand had her land titles registered in his name. Didattorney D violate the Code of ProfessionalResponsibility? Explain. (2007)

A: The decision of the Supreme Court in the case ofHernandez v. Go, (450 SCRA 1 [2005]), is squarely

applicable to this problem. Under the same set of

facts, the Supreme Court held the lawyer to have

violated Canons 16 of the Code of Professional

Responsibility, which provides as follows:

Canon 16. A lawyer shall hold in trust all

moneys and properties of his client hat may come

into his possession.

Canon 17 of the same Code, which provides

follows: Canon 17, A lawyer owes fidelity to the

cause of his client and he shall be mindful of the

trust and confidence reposed in him.

The Supreme Court further held that thelawyer concerned has engaged in deceitful,

dishonest, unlawful and grossly immoral acts, which

might lessen the trust and confidence reposed by

the public in the fidelity, honesty, and integrity of

the legal profession, consequently, the Court

disbarred him.

Q: Attorney M accepted a civil case for the recoveryof title and possession of land in behalf of N.Subsequently, after the Regional Trial Court hadissued a decision adverse to N, the latter filed anadministrative case against attorney M fordisbarment. He alleged that attorney M caused theadverse ruling against him; that Attorney M did notfile an opposition to the Demurrer to Evidence filedin the case, neither did he appear at the formalhearing on the demurrer, leading the trial court toassume that plaintiffs counsel (Attorney M)

appeared convinced of the validity of the demurrerfiled; that attorney M did not even file a motion for

reconsideration, causing the order to become finaland executory; and that even prior to the aboveelements and in view of attorney Ms apparent loss

of interest in the case, he verbally requestedattorney M to withdraw, but attorney M refused.Complainant further alleged that Attorney Mabused his clients trust and confidence and

violated his oath of office in failing to defend hisclients cause to the very end.

Attorney M replied that N did not give himhis full cooperation; that the voluminous recordsturned over to him were in disarray, and that whenhe appeared for N, he had only half of theinformation and background of the case; that hewas assured by Ns friends that they had

approached the judge; that they requested him (M)

to prepare a motion for reconsideration which hedid and gave to them; however, these friends didnot return the copy of the motion. Will theadministrative case proper? Give reasons for youranswer. (2007)

A: The administrative case will prosper. In failing tofile an opposition to the Demurrer to Evidence and

to appear at the hearing thereof, and, more so, in

failing to file a motion for reconsideration of the

order granting the demurrer, thereby causing the

same to become final and executor, Attorney M

violated Canon 18 of the Code of Professional

Responsibility, which provides that a lawyer shall

serve his client with competence and diligence, and

Rule 18.03 which provides that a lawyer shall not

neglect a legal matter entrusted to him and his

negligence in connection therewith shall make him

liable.

In refusing to comply with Ns request to

withdraw from the case, Atty. M violated the rule

that a client has the absolute right to terminate the

lawyer client relationship at any time with or

without cause.

Atty. Ms defense that the voluminous

records turned over to him were in disarray andwhen he appeared for B he had only half of the

information and background of the case, is not

meritorious. Rule 18.02 provides that he shall not

handle any legal matter without adequate

preparation. He should have been competent and

diligent enough to organize the records given to 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 trial adequately prepared (Rule 12.01, Code

of Professional Responsibility).

His defense that friends of N assured him

that they will file a motion of reconsideration, which

he allegedly did and gave to them, is incredible. Even

if true, Atty. M violated Canon No.13 of the Code of

Professional Responsibility which provides that a

lawyer shall rely upon the merits of his cause and

refrain from any impropriety which tends to

influence or gives the appearance of influencing the

court.


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For the matter, even his alleged giving of his

motion for reconsideration to the friends of N for

filing, is another instance of negligence on the part

of Atty. M. He should have taken care to file his

motion himself (Francisco v. Portugal, 484 SCRA 57

[2006]).

Q: What should a lawyer, generally obligated bylaw to accept a retainer, do if he knows or shouldknow that he is not qualified to render the legalservice required? Explain. (2001)

A: A lawyer shall not undertake a legal servicewhich he knows or should know that he is not

qualified to render. However, he may render such

service if, with the consent of his client, he can

obtain as collaborating counsel a lawyer who iscompetent on the matter. (Rule 18.0, Code of

Professional Conduct)

Q: On account of his mistake, is counsel liable to hisclient for damages? Explain. (2002)

A: A lawyer shall not neglect a legal matter entrustedto him and his negligence in connection therewith

shall make him liable (Rule 18.03, Code of

Professional Responsibility). A client who suffers

prejudice by reason of his counsels inexcusable

negligence in the discharge of his duty may file an

action for damages against him. However, there

must be a showing that had the lawyer exercise due

diligence, the client under the facts and the law

would have succeeded in recovering from the

adverse party on in resisting the claim of the latter.

Q: Attorney M accepted a civil case for the recoveryof title and possession of land in behalf of N.Subsequently, after the Regional Trial Court hadissued a decision adverse to N, the latter filed anadministrative case against attorney M fordisbarment. He alleged that attorney M caused the

adverse ruling against him; that Attorney M did notfile an opposition to the Demurrer to Evidence filedin the case, neither did he appear at the formalhearing on the demurrer, leading the trial court toassume that plaintiffs counsel (Attorney M)

appeared convinced of the validity of the demurrerfiled; that attorney M did not even file a motion forreconsideration, causing the order to become finaland executor; and that even prior to the aboveelements and in view of attorney Ms apparent loss

of interest in the case, he verbally requestedattorney M to withdraw, but attorney M refused.Complainant n further alleged that attorney Mabused his clients trust and confidence and

violated his oath of office in failing to defend hisclients cause to the very end.

Attorney M replied that N did not give himhis full cooperation; that the voluminous recordsturned over to him were in disarray, and that whenhe appeared for N, he had only half of theinformation and background of the case; that he

was assured by Ns friends that they hadapproached the judge; that they requested him (M)to prepare a motion for reconsideration which hedid and gave to them; however, these friends didnot return the copy of the motion. Will theadministrative case proper? Give reasons for youranswer. (2007)

A: The administrative case will prosper. In failing tofile an opposition to the Demurrer to Evidence and

to appear at the hearing thereof, and, more so, in

failing to file a motion for reconsideration of the

order granting the demurrer, thereby causing the

same to become final and executor, Attorney M

violated Canon 18 of the Code of Professional

Responsibility, which provides that a lawyer shall

serve his client with competence and diligence, andRule 18.03 which provides that a lawyer shall not

neglect a legal matter entrusted to him and his

negligence in connection therewith shall make him

liable.

In refusing to comply with Ns request to

withdraw from the case, Atty. M violated the rule

that a client has the absolute right to terminate the

lawyer client relationship at any time with or

without cause.

Atty. Ms defense that the voluminous

records turned over to him were in disarray and

when he appeared for B he had only half of the

information and background of the case, is not

meritorious. Rule 18.02 provides that he shall not

handle any legal matter without adequate

preparation. He should have been competent and

diligent enough to organize the records given to 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 trial adequately prepared (Rule 12.01, Code

of Professional Responsibility).

His defense that friends of N assured him

that they motion of reconsideration, which he

allegedly did and gave to them, is incredible. Even if

true, Atty. M violated Canon No.13 of the Code ofProfessional Responsibility which provides that a

lawyer shall rely upon the merits of his cause and

refrain from any impropriety which tends to

influence or gives the appearance of influencing the

court.

For the matter, even his alleged giving of his

motion for reconsideration to the friends of n for

filing, is another instance of negligence on the part

of Atty. M. He should have taken care to file his

motion himself (Francisco v. Portugal, 484 SCRA 57

[2006]).

Q: After reading the decision against his client JoseKapuspalad, Atty. Calmante was convinced that ithad a reasonable basis and that he would havedifficulty obtaining a reversal. For this reason, Atty.Calmante did not appeal. When Jose learned aboutthe judgment against him, he blamed Atty.Calmante for not taking a timely appeal and filed an


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administrative complaint for negligence against thelatter. Decide the case. (2002)

A: I would rule in favor of Jose Kapuspalad. InReontoy v. Ibadlit, 285 SCRA 88 (1998), the Supreme

Court found a lawyer to be negligent for failing, first

of all, to notify his client about the adverse decision,

and, secondly, for failing to file an appeal in the

belief that such appeal would be useless. He thus

deprived his client of his right to appeal. If a lawyer

cannot contact his client at once after receiving the

adverse decision, the prudent step for him to take to

it file a notice of appeal, and withdraw it afterwards

if his client should decide against the appeal. It is the

clients decision whether or not to appeal.

Q: Under Canon 19 of the Code of ProfessionalResponsibility, a lawyer shall represent his client

with zeal within the bounds of the law. How far, in

general terms, may lawyer go in advocating,supporting and defending the cause of his client ina criminal case filed against the latter? (2003)

A: The right to counsel must be more than just thepresence of the lawyer in the court room or the

mere propounding of the standard questions and

objections. The right to counsel means that the

accused is simply accorded legal assistance extended

by a counsel who commits himself to the cause of

the defense and acts accordingly. The right assumes

an active involvement by the lawyer in the

proceedings, particularly at the trial of the case, his

bearing constantly in mind the basic rights of the

accused, his being well-versed on the case and his

knowing the fundamental procedure, essential laws

and existing jurisprudence. The right of an accused

to counsel finds substance in the performance by the

lawyer of his sworn duty of fidelity to his client.

Tersely put, it means an efficient and truly decisive

legal assistance and not a simple perfunctory

representation. (People v. Bernas, 306 SCRA 293

[1999], cited in People v. Sta. Teresa, 354 SCRA 697[2001]). However, a lawyer shall employ only

honorable and honest means in the maintenance of

his clients cause. (Section 20, Rule 128).

Q: Under the Code of Professional Responsibility, alawyer owes fidelity to the cause of his client andshall represent his and shall represent his clientwit

ethics quamto

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