1994 – 2000

CODE OF PROFESSIONAL RESPONSIBILITY

Topic (as specific as possible)

Legal provision/Case

doctrine

Year (s) asked Question number

Maintenance of adulterous relationship

Canon 1; Rule 1.01 – Unlawful, dishonest, immoral or deceitful conduct; Maintenance of adulterous relationship.

1994 4

A lawyer shall not counsel or abet activities aimed at defiance of the law.

Canon 1; Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law.

1994 4C

1994 Q4 and 4CDuring the course of his cross examination, your client had testified to events and circumstances which you personally know to be untrue. If his testimony was given credence and accepted as fact by the court, you are sure to win your clients case. Under the code of professional responsibility, what is your obligation to: a) The Court c) The public?

Answer:a) A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead or allow the court to be misled by any artifice (Rule 10.01, Canon 10, and Code of Professional Responsibility). A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate other (Rule 12.06 canon 12 Code of Professional Responsibility)

c) A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct (Rule 1.01 Canon 1 of the code of professional responsibility). A lawyer shall not counsel or abet activities aimed at the defiance of law or at lessening confidence on the legal system (Rule 1.02 Canon 1 Code of Professional Responsibility).False, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Canon 3; Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or

1998 7

legal services.1998 Q7A mayor charged with Homicide engaged your services as his lawyer. Since there is only one witness to the incident, the mayor disclosed to you his plan to kill the lone witness through a contrived vehicular accident. 1) What are the moral and legal obligations to the mayor, and to the authorities? (3%) 2) Should the killing push through and are you certain that the mayor is one responsible, are you under obligation to disclose to the authorities what was confided to you? Is this not a privilege communication between client and attorney? (2%).

Answer: 1) It is the duty of an attorney to divulge the communication of his client as to his

announced intention to commit a crime to the proper authorities to prevent the act or to protect the person against whom it is threatened.

2) Public policy and the lawyer’s duty to counsel obedience to the law forbid that an attorney should assist in the commission of a crime or permit the relation of attorney and client to conceal a wrong doing. He owes it to himself and to the public to use his best efforts to restraint his client from doing any unlawful act and if, notwithstanding his advice, his client proceeds to execute the illegal deed, he may disclose it or be examined as to any communication relating thereto. There is privileged communication only as to crimes already committed before its communication to the lawyer.Guidelines in obtaining firm names; Inclusion of deceased partner in the firm name.

Canon 3; Rule 3.02. 1994 3

1994 Q3The law firm of Rodriguez, Delfin and Zafra had been in existence for almost 25 years and had built up an excellent reputation and a well heeled clientele. Sometimes last year Partner Zafra died of coronary disease but Rodriguez and Delfin refused to drop his name from the firm name.

May Rodriguez and Delfin insist on keeping the name of Zafra as part of the firm name?

Answer: Yes, they may continue to use the name of Zafra in the firm name, provided that they indicate in all communications that he is deceased. Rule 3.02 of the code of professional responsibility that the continued name of a deceased partner is permissible provided that The firm indicates in all communication that the said partner passed away.

Alternative Answer: They may keep the name of Zafra provided that the consent of the heirs is obtained.Lawyers in government services in the discharge of their tasks.

Canon 6 2000 2

2000 Q2

D was charged with estafa by C before the barangay for misappropriating the proceeds of sale of jewelry on commission. In settlement of the case, D turned over to the barangay captain, a lawyer, the amount of P2,000.00 with the request that the barangay captain turn over the money to C. Several months passed without C being advised of the status of her complaint. C contacted D who informed her that she (D) had long before turned over the amount of P2,000.00 to the barangay captain who undertook to give the money to her (C). C thus filed a case against the barangay captain who at once remitted the amount of P2,000.00 to C. May the barangay captain be faulted administratively?

Answer:Yes. The Code of Professional Responsibility applies to lawyers who are in the government service. As a general rule, a lawyer who holds a government office may not be disciplined as a member 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, 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.)A lawyer shall not refuse his services to the needy.

Canon 14; Rule 14.01

1996 2-3a and 6-2

1996 Q2- 3aShould a lawyer accept a losing case: (a) in a criminal case?

Answer:3) a) A lawyer may accept a “losing” criminal case. An accused is presumed to be innocent until his guilt is proven beyond reasonable doubt by procedure recognized by the law. Rule 14.01 of Code of Professional Responsibility provides that a lawyer shall not decline to represent a person solely on account of the latter’s race, sex, creed or status of life, or because of his own opinion regarding the guilt of said persons. Otherwise innocent persons might be denied proper defense.

1996 Q6-2Y hires the services of Atty. Z in a case where Y is accused of rape. Atty. Z, firmly believes that Y is guilty of the crime of rape.

If you were Atty. Z, would you still accept the case? Explain.

Answer:2) I would still accept the case. It is not for me to judge that Y is guilty of the crime. The law presumes him to be innocent, and is entitled to an acquittal unless his guilt is proven beyond reasonable doubt with due process of law. The lawyer’s work is to see to it that due process of law is observed. Otherwise, may accused will be defenseless.Ascertaining existence of conflict of interest and informing the prospective client of

Canon 15; Rule 15.01

1997 6

such.1997 Q6You are the lawyer of Mr. H, the plaintiff, in a civil case for rescission of contract. The prospects for an amicable settlement look bright. Impressed by your ability, Mr. I, the defendant, would like very much to retain you as his defense counsel in a criminal case for homicide through reckless imprudence. Mr. I wants you to forthwith enter your appearance, the arraignment already having been scheduled. Would you accept the offer?

Answer:It depends. If the criminal case for homicide through 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. H about the offer and secure his conformity to my handling the same.Rule on privilege communication.

Canon 15; Rule 15.02

1994 10

1994 Q10The law firm of Sale, Santiago and Aldeguer has an existing and current retainership agreement with XYZ corporation and ABC company, both of which were pharmaceutical firms, XYZ corporation discovered that a number of its patented drugs had been duplicated and sold in the market under ABC company’s brand names, XYZ corporation turned to the law firm and asked it to bring suit against ABC company for patent infringement on several counts.

What are the ethical considerations in this case and how are you going to resolve them?

Answer:A lawyer may refuse to accept representation of a client if he labors under conflict of interest between him and the prospective clientor between a present client or prospective client (Rule 14.03 Canon 14 Code of Professional Responsibility). It is unprofessional for a lawyer to represent conflicting facts (Canon 6, Code of Professional Responsibility). A lawyer cannot accept a case against a present client either in the same case or a totally unrelated case.Written consent of all concerned.

Canon 15; Rule 15.03

19971999

58

1997 Q5Mrs. F, a young matron, was referred to you for legal advice by your good friend in connection with the matron’s jewelry business. She related to you the facts regarding a sale on consignment of pieces of jewelry to someone she did not name or identify. Since she was referred to you by a close friend, you did not bill her for consultation. Neither did she offer to compensate you. Six months later, Mrs. G, the wife of the general manager of a client company of your law firm, asked you to defend her in a criminal case for estafa filed by Mrs. F. Would you agree to handle her case?

Answer:First, I will require if the case for estafa filed by Mrs. F against the wife of the general manager, is the same matter concerning which Mrs. F consulted me six months before. If it is the same matter, I will not be able to handle the case for the general manager’s wife, because of a conflict of interest. When Mrs. F consulted me and I gave her professional

advice, a lawyer-client relationship was created between us, regardless of that fact 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).

Alternative answer:The lawyer may also inform the parties about a possible conflict of interest, and if they do not object, it will not be improper for him to accept.

1999 Q8Atty. Juan Cruz, a practicing lawyer, was employed by Pilipinas Bank as its bank attorney and notary public in three of its branches in Manila. While thus employed, Maria del Rio, who was unaware of Atty. Cruz’ services as a lawyer in a case that was filed by Pilipinas Bank for collection of sum of money involving one of its branches in Quezon City which Atty. Cruz accepted. The Quezon City Regional Trial Court, after due proceeding and hearing, rendered judgment in favor of Pilipinas Bank and against Maria del Rio who wanted to appeal the adverse judgment. But upon advice of Atty. Cruz, the adverse judgment was not appealed. Thereafter, Maria del Rio learned Atty. Cruz was employed by Pilipinas Bank as one of its attorneys. She now consults with you and asks you to take legal steps against Atty. Cruz for his apparent misconduct.

What do you think of what Atty. Cruz did? Is there a valid and legal basis to discipline him?

Answer:In agreeing to represent Maria del Rio in a case which Pilipinas Bank filed 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 v. Cedo¸243 SCRA 1). It does not matter that the Pilipinas Bank branch in Quezon City is not one of the branches he services in Manila. The bank itself is his client.

This constitutes malpractice for which Atty. Cruz can be disciplined. Impressing principles of fairness upon his clients.

Canon 15; Rule 15.07

1995 5

1995 Q5Winnie retained the services of Atty. Derecho to file a collection case against Carmen. Winnie paid Atty. Derecho a sizeable retainer’s fee which the latter accepted. Later, in the process of determining the 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 million appeared to be irregular. Winnie while admitting the irregularity assures her lawyer that there would be no problem as Carmen was by nature negligent in keeping her records and would not notice the mistake anyway. Atty. Derecho tried to convince Winnie to exclude the amount of 3.5 million but Winnie refused. As a consequence Atty. Derecho terminated their relationship and withdrew from the case.

Was Atty. Derecho right in terminating their relationship and withdrawing from the case?

How about the fact that he had already accepted a sizeable retainer’s fee from his client? Discuss fully.

Answer:Atty. Derecho was right in terminating the lawyer-client relationship and withdrawing from the case. Rule 22.01 of the Code of Professional Responsibility 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 he 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 warm zeal, 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 retainer’s fee should make no difference on his decision to withdraw. Moreover, he may retain the fees he had already received, his withdrawal being justified. (Pineda, Legal & Judicial Ethics, 1994 ed. p. 223), unless the same is unconscionable.Basis of quantum meruit

Canon 20; Rule 20.01

19941998

1214

1994 Q12Mindful that the law is a profession and not a trade or business; what are the factors must you, as a lawyer consider in charging reasonable compensation for your services?

Answer:1. a) The time spent and the extent of the services rendered or required; b) The novelty and difficulty of the questions involved; c) The importance of the subject matter; d) The skill demanded; e) The probability of losing other employment as a result of acceptance of the proffered case; f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; g) The amount involved in the controversy and the benefits resulting to the client form the service; h) The contingency or certainty of compensation; i) The character of the employment, whether occasional or established; and j) The professional standing of the lawyer (Rule 20.01 Canon 20 Code of Professional Responsibility).

1998 Q14Judge Silva upon seeing a reckless tricycle driver almost hitting a boy by the side of the road gave chase and stopped the tricycle. Judge Silva then confiscated the driver’s license and told him to get it from his office. Was the conduct of Judge Salva proper?” (5%).

Answer:The facts are akin to those in Paguirigan v. Clavano (61 SCRA 411 (1074), where the Supreme Court held: While respondent might have been motivated by a spirit of civicism in cooperating with the city authorities in the enforcement of traffic rules and regulations, the arrest of errant motor vehicle drivers and the confiscation of their licenses are essentially police functions which are specifically vested by law upon law enforcement officers of the government. Respondent as Judge of the City Court will necessarily hear and decide all cases filed in his court regarding such violations and infractions of the Motor Vehicle Law or traffic regulations by the law enforcement officers. It is patent, therefore, that respondent should not have taken upon himself the responsibility of

confiscating the license of the motor cab driver but he should have referred the matter to the police. We deemed it relevant to emphasize that the official conduct of a judge should be free from impropriety or any appearance thereof. His personal behaviour in the performance of his official duties and in his everyday life should be beyond approach. By confiscating the driver’s license without issuing any Traffic Violation Report (TVR) and losing the same while in his possession, respondent Judge has acted in, a barangay captain manner unbefitting his high judicial office.Accepting allowance or other compensation related to his professional employment

Canon 20; Rule 20.03

1997 14

1997 Q14A real estate company, elated over the decision in a case regarding a dispute over a personal matter between its top sales representative and his neighbor, gifted Atty. O, who represented its sales representative in the litigation, with a 240 square meter lot in its newly-developed subdivision. The case handled by Atty. O had nothing to do with the sales representative’s work for the real estate company. The latter’s offer of the lot, which Atty. O accepted, was in consideration of its sales representative’s being the firm’s number once salesman. Was there a breach of the Code of Professional Responsibility by Atty. O when he accepted the 240 square meter lot?

Answer:Rule 20.03 of the Code of Professional Responsibility provides that a lawyer shall not, without full knowledge and consent of the client, accept any fee, reward, costs, commission, interests, rebate of forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.

“(T)here should be no room for suspicion on the part of the client that his lawyer is receiving compensation in connection with the case from third persons with hostile interests” (Report of IBP Committee, p. 112). Even if the secret compensation comes from a friendly person, if the act is discovered, it is bound to create dissension in the client-lawyer relationship. Worse, the lawyer will be able to enrich himself by receiving more than what is due him as attorney’s fees. (Pineda, Legal & Judicial Ethics, 1995 ed. p. 243)Avoiding controversies with clients concerning compensation.

Canon 20; Rule 20.04

1998 17

1998 Q17Discuss the propriety of a lawyer filing a suit against his client concerning his fees.

Answer:Rule 20.04 f the Code of Professional Responsibility provides that “a lawyer shall avoid controversies with his clients concerning his compensation and shall resort to judicial actin only to prevent imposition, injustice or fraud.” The legal profession is not a money-making trade but a form of public service. Lawyers should avoid giving the impression that they are mercenary (Perez v. Scottish Union and National Insurance Co., 76 Phil. 325). It might even turn out to be unproductive for him for potential clients are likely to avoid a lawyer with a reputation of suing his clients.

When may a lawyer withdraw his services

Canon 22; Rule 22.01

199719952000

1155

1997 Q11Cite at least five (5) valid reasons under any of which a lawyer may be allowed to withdraw from a case even without her client’s consent.

Answer:1. When the client pursues an illegal or immoral course of conduct in connection

with the matters he (the lawyer) is handling.2. When the client insists that the lawyer pursue conduct violative of these canons

and rules.3. When his inability to work with co-counsel will not promote the best interest of

the client.4. When the mental or physical condition of the lawyer renders it difficult for him to

carry out the employment effectively.5. When the lawyer is elected or appointed to a public office.6. Other similar case. (Rule 22.01, Code of Professional Responsibility)

1995 Q5Winnie retained the services of Atty. Derecho to file a collection case against Carmen. Winnie paid Atty. Derecho a sizeable retainer’s fee which the latter accepted. Later, in the process of determining the 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 million appeared to be irregular. Winnie while admitting the irregularity assures her lawyer that there would be no problem as Carmen was by nature negligent in keeping her records and would not notice the mistake anyway. Atty. Derecho tried to convince Winnie to exclude the amount of 3.5 million but Winnie refused. As a consequence Atty. Derecho terminated their relationship and withdrew from the case.

Was Atty. Derecho right in terminating their relationship and withdrawing from the case? How about the fact that he had already accepted a sizeable retainer’s fee from his client? Discuss fully.

Answer:Atty. Derecho was right in terminating the lawyer-client relationship and withdrawing from the case. Rule 22.01 of the Code of Professional Responsibility 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 he 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 warm zeal, 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 retainer’s fee should make no difference on his decision to withdraw. Moreover, he may retain the fees he had already received, his withdrawal being justified. (Pineda, Legal & Judicial Ethics, 1994 ed. p. 223), unless the same is unconscionable.

2000 Q5

Atty. X filed a notice of withdrawal of appearance a counsel for the accused Y after the prosecution rested its case. The reason for the withdrawal of Atty. X was the failure of accused Y to affix his conformity to the demand of Atty. X for increase in attorney’s fees. Is the ground for withdrawal justified? Explain. (5%).

Answer:The ground for withdrawal is not justified. Rule 22.01 (e) of the Code of Professional Responsibility provides that a lawyer may withdraw his services when the client deliberately fails to pay the fees for his services or fails to comply with the retainer agreement. In this case, the client has not failed to pay the lawyer’s fees or to comply with the retainer agreement. He has only refused to agree with the lawyer’s demand for an increase in his fees. It is his right to refuse; that is part of his freedom of contract.

CANONS OF PROFESSIONAL ETHICS

Professional colleagues and conflicts of opinions.

Canon 7 1997 10

1997 Q10M has pending case for collection of a sum of money. He is not satisfied with his lawyer N, who, almost always, goes to court evidently unprepared. He wants you to promptly take over the case. You agree to handle the case. What steps must you take to formalize the engagement?

Answer:I will ask M to first terminate or secure the withdrawal of N as his counsel. If N’s services are terminated, I can subsequently enter my appearance as the new counsel of M. If he agrees to withdraw simultaneously with my appearance, I will prepare a Substitution of Attorney to be filed in court, containing the written conformities of M and N.Concept of a champertous contract.

Canon 42 19992000

68-a and 8-b

1999 Q6Atty. A’s services as a lawyer were engaged by B to recover from C certain construction materials and equipment. Because B did not have the means of defray the expenses of litigation he proposed to Atty. A that he (A) shoulders all expenses of the litigation and he (B) would pay him (A) a portion of the construction materials and equipment to be recovered as compensation for his professional services.

May Atty. A correctly agree to such arrangement?

Answer:No, Atty. A may not correctly agree to such an agreement.

Such an arrangement would constitute a champertous contract which is considered void due to public policy, because it would make him acquire a stake in the outcome of the litigation which might lead him to place his own interest above that of the client (Bautista v. Gonzales, 182 SCRA 151). A champertous contract is one which a lawyer undertakes to prosecute a case, and bear all the expenses in the connection therewith without right of

reimbursement, and will be paid his fees by way of a portion of the property or amount that may be recovered, contingent on the success of his efforts. It is in which the lawyer will also be paid depending on the success of his efforts, but he does not undertake to shoulder all the expenses in the case. He may advance such expense but always subject to reimbursement by his client.

2000 Q8a and 8ba) What is a champertous contract? Is it valid? (2%)

b) Distinguish between a champertous contract and a contingent fee contract. (3%).

Answer:a) A champertous contract is one where the lawyer agrees to conduct the litigation on his own account and to pay the expenses thereof, and to receive as his fee; a portion of the proceeds of the judgement. It is contrary to public policy and invalid because it violates the fiduciary relationship between the lawyer and his client (Bautista v. Gonzales, 182 SCRA 151 (1990). In effect, he is investing in the case with the expectation of making profit. The practice of law is a profession ad not a business venture.

b) A contingent fee contract is an agreement in which the lawyer’s fee, usually a fixed percentage of what may be recovered in the action, is made to depend upon the success in the effort to enforce or defend the client’s right. It is a valid agreement. It is different from champertous contract in that the lawyer does not undertake to shoulder the expenses of the litigation.

NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY

Disqualification of judges.

Canon 3 1995 11-2

1995 Q11-2After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng, persuaded defendant Doris Dy to enter into a compromise agreement with the plaintiff without the knowledge and participation of defendant’s counsel, Atty. Jess de Jose. Doris acceded and executed the agreement. Therein Doris admitted her obligation in full and bound herself to pay her obligation to Jennifer at 40% interest per annum in ten (10) equal monthly installments. The compromise agreement was approved by the court.

Realizing that she was prejudiced, Doris Dy filed an administrative complaint against Atty. Hilado alleging that the latter prevented her from consulting her lawyer Atty. de Jose when she entered into the compromise agreement, thereby violating the rules of professional conduct. Atty. Hilado countered that Doris Dy freely and voluntarily entered into the compromise agreement which in fact was approved by the court.

2. Was it proper for the judge to approve the compromise agreement since the terms thereof were just and fair even if counsel for one of the parties was not consulted or did not participate therein? Explain.

Answer:It was not proper the judge to approve the compromise agreement without the participation of the lawyer of one of the parties, even if the agreement was just and fair.

Even if a client has exclusive control of the cause of action and may compromise the same, such right is not absolute. He may not, for example, enter into a compromise to defeat the lawyer’s right to a just compensation. Such right is entitled to protection from the court.Performing duties without favor, bias or prejudice.

Canon 3 (a) 1998 12

1998 Q12Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the latter’s conviction for estafa for misappropriating funds belonging to his client (Ben). While the proceedings for disbarment was pending, the President granted absolute pardon in favour of Atty. Co, then moved for the dismissal of the disbarment case. Should the motion be granted? (5%).

Answer:An absolute pardon by the President is one that operates to wipe out the conviction as was as the offense itself. The grant thereof to a lawyer is a bar to a proceeding for disbarment against him, if such proceeding is based solely on the fact of such conviction (In re Parcasion, 69 SCRA 336). But where the proceeding to disbar is founded on the professional misconduct involved in the transaction which culminated in his conviction, the effect of the pardon is only to relieve him of the penal consequences of his act and does not operate as a bar to the disbarment proceeding, inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not possess good moral character (In re Lontoc, 43 Phil.293).Grounds for compulsory inhibition of a judge.

Canon 3 (e ) 19961999

7-111

1996 Q7-1In a hearing before the Court of Tax Appeals, Atty. G was invited to appear as amicus curiae. One of the Judges hearing the tax case is the father of Atty. G. The counsel for the respondent moved for the inhibition of the judge in view of the father-son relationship. Is there merit to the motion? Decide.

Answer:There is no merit to the motion. Rule 3.12 of the Code of Judicial Responsibility provides that “A judge should take no part where the judge’s impartiality might reasonably be questioned.” Among the instances for the disqualification of a judge is that he is related to a party litigant within the sixth degree or to counsel within the fourth degree of consanguinity or affinity. But this refers to counsel of the parties. An amicus curiae is supposed to be an experienced and impartial attorney invited by the court to appear and help in the disposition of issues submitted to it. He represents no party to the case. There is, therefore, no ground to fear the loss of the judge’s impartiality in this case if his son is appointed amicus curiae.

Alternative Answer:Yes, there is merit in the motion. Although Atty. G. was appearing only as amicus curiae, his opinion may influence the decision of one of the judges who is his father. Rule 137, par. 1 of the rules of Court does not distinguish whether the lawyer who is related to the judge within fourth degree is appearing as amicus curiae or hired counsel.

1999 Q11In a case before him, it was son of Municipal Trial Court Judge X who appeared as counsel for the plaintiff. After the proceedings, judgment was rendered in favor of the plaintiff and against the defendant. B, the defendant in the case, complained against Judge X for not disqualifying himself in hearing and deciding the case. In his defense, Judge X alleged that he did not disqualify himself in the case because the defendant never sought his disqualification.

Is Judge X liable for misconduct in office?

Answer:Judge X is liable for misconduct in office. Rule 3.12 of the Code of Judicial Conduct provides that a judge should take no part in a proceeding where his impartiality might reasonably be questioned. In fact, it is mandatory for him to inhibit or disqualify himself if he is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree (Hurtado v. Jurdalena¸84 SCRA 41). He need not wait for a motion of the parties in order to disqualify himself.Voluntary inhibition of a judge.

Canon 3 1997 16

1997 Q16RTC Judge Q is a deacon in the Iglesia ni Kristo church in San Francisco del Monte, Quezon City. R, a member of the same religious sect belonging to the same INK community in San Francisco del Monte, filed a case against S who belongs to the El Shaddai charismatic group. The case was raffled to Judge Q’s sala. The lawyer of S filed a motion to disqualify Judge Q on the ground that since he and the plaintiff belonged to the same religious sect and community in San Francisco del Monte, Judge Q would not possess the cold neutrality of an impartial judge. Judge Q denied the motion on the ground that the reason invoked for his disqualification under the Rules of Court and the Code of Judicial Conduct. Was Judge Q’s denial of the motion for inhibition well founded?

Answer:The fact that Judge Q and Litigant R both belong to the Iglesia ni Kristo while Litigant S belongs to the El Shaddai group, is not a mandatory ground for disqualifying Judge Q from presiding over the case. The motion for his inhibition is addressed to his sound discretion and he should exercise the same in a way the people’s faith in the courts of justice is not impaired. He should reflect on the probability that a losing party might nurture at the back of his mind the thought that the Judge had unmeritoriously tilted the scales of justice against him (Dimacuha v. Concepcion, 117 SCRA 630). Under the circumstances of this case, where the only ground given for his disqualification is that he and one of the litigants are members of the same religious community, I believe that his denial of the motion for disqualification is proper. In Vda. De Ignacio v. BLT Bus Co., 34 SCRA 618, the Supreme Court held that the fact that one of the counsels in a case was a classmate of the trial judge is not a legal ground for the disqualification of the judge.Exception to voluntary inhibition.

Canon 3 1994 13

1994 Q13In a civil case, the defendant discovered that the counsel for plaintiff was used to be a member of the Judicial and Bar Council during whose time the Judge presiding over the case was appointed and confirmed by him. He filed a motion to inhibit the Judge on the ground that latter’s ability to act independently and judiciously had been compromised

and seriously impaired because of his “utang na loob” to the plaintiff’s counsel.

If you were the Judge, how will your rule the motion?

Answer:I will deny the Motion for Inhibition because every Judge is sworn to upheld the decision of cases in accordance with the law. The fact that the judge was recommended by the JBC which has seven members and deliberated even confidentially does not make the judge even morally indebted to the JBC member who may not even vote for him.

Alternative Answer:Section 1 Rule 137 of the Rules of Court provides specific grounds where it is mandatory for a Judge to be legally disqualified from sitting in a case. None of those grounds is applicable to the facts given in this case. However, the same rule allows that the Judge may exercise of his sound discretion to disqualify himself from sitting in the case for a just and valid reason. The Supreme Court has held that when a suggestion is made that a judge might be induced to act in favor of one party and against another arising out of circumstances capable of inciting such a state of mind; he should exercise his discretion in a way the people’s faith in the court of justice is not impaired (Masadao and Elizaga Re: Crim Case No. 4954-M 155 SCRA 72).

The fact that the counsel of one of the parties was a member of the Judicial and Bar Council during the time that the Judge was appointed would not by in itself constitute sufficient ground to inhibit himself. However there is a probability that the losing party on the back of his mind that the judge had unmeritoriously tilted the scales of justice against him; It maybe more prudent that the Judge inhibit himself.Importance of equality to a judge.

Canon 5 1995 11-2

1995 Q11-2After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng, persuaded defendant Doris Dy to enter into a compromise agreement with the plaintiff without the knowledge and participation of defendant’s counsel, Atty. Jess de Jose. Doris acceded and executed the agreement. Therein Doris admitted her obligation in full and bound herself to pay her obligation to Jennifer at 40% interest per annum in ten (10) equal monthly installments. The compromise agreement was approved by the court.

Realizing that she was prejudiced, Doris Dy filed an administrative complaint against Atty. Hilado alleging that the latter prevented her from consulting her lawyer Atty. de Jose when she entered into the compromise agreement, thereby violating the rules of professional conduct. Atty. Hilado countered that Doris Dy freely and voluntarily entered into the compromise agreement which in fact was approved by the court.

2. Was it proper for the judge to approve the compromise agreement since the terms thereof were just and fair even if counsel for one of the parties was not consulted or did not participate therein? Explain.

Answer:It was not proper the judge to approve the compromise agreement without the participation of the lawyer of one of the parties, even if the agreement was just and fair. Even if a client has exclusive control of the cause of action and may compromise the same,

such right is not absolute. He may not, for example, enter into a compromise to defeat the lawyer’s right to a just compensation. Such right is entitled to protection from the court.

RULES OF COURT

Duties of attorneys. Rule 138; Sec. 20 199619992000

2-3b210-b

1999 Q2Atty. X was de parte counsel for Y at the trial of a case for estafa against Y in the Regional Trial Court where, after trial, he was found guilty and sentenced to suffer the penalty that was imposed. The convicted accused appealed to the Court of Appeals. The Clerk of the Court of Appeals then sent notice to Atty. X that the record of the case had already been forwarded to and received in the appellate court for counsel to prepare and file the brief for the appellant. Because of Atty. X’s failure to file the brief for the accused, the latter’s appeal was dismissed. Complaint for disbarment was filed by Y against Atty. X for neglect of duty. Atty. X’s defense is that he ceased to be counsel for Y after the adverse decision was rendered by the trial court.

Is Atty. X’s contention tenable?

Answer:Atty. X’s contention is not correct. An attorney who appears de parte in a case before a lower court shall be presumed to continue presenting his client on appeal unless he files a formal petition withdrawing his appearance in the appellate court. (Sec. 22, Rule 138, Rules of Court)

1996 Q2-3bShould a lawyer accept a losing case: (b) in a civil case. Explain.

Answer:) A lawyer may not accept a “loosing” civil case. Firstly, his signature in every pleading constitutes a certification that there is a good cause to support it and that it is not interposed for delay (Sec. 5, Rule 7, Rules of Court). Secondly, it is the lawyer’s 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 the law (Sec. 20 (a), Rule 138, Rules of Court). Thirdly, h is not to encourage either the commencement or continuance of an action or proceeding or delay in any man’s cause for any corrupt motive or interest (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 injure the opposite party to work oppression or wrong (Canon 130, Canons of Professional Ethics). If a lawyer were to accept a bad civil case, it will wither be exert his best efforts towards a compromise or it unsuccessful, to advice his client to confess judgement.

Alternative Answer:A lawyer may also accept a losing civil case provided that in so doing, he must not engaged in dilatory tactics and must advise his client about the prospects and the advantage of settling a compromise in a case.

2000 Q10b

b) Section 20, rule 138 of the Rules of Court enumerates nine (9) duties of attorneys. Give at least three (3) of them. (3%).

Answer:b) Under Section 20, Rule 138, it is the duty of an attorney:

1. To maintained allegiance to the Republic of the Philippines;2. To maintain the respect due to the courts of justice and judicial officers;3. 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 the law;

4. To employ, for the purpose of maintaining the causes confided to him, such means only as re consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

5. To maintain inviolate the confidence, and at every peril to himself, to preserve the secret of his clients, and to accept no compensation in connection with his client’s business except from him with his knowledge and approval;

6. To abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of party or witness, unless required by the justice of the cause with which he is charged;

7. Not to encourage either the commencement or the continuance of an action or proceeding or delay any man’s cause, from any corrupt motive or interest;

8. Never to reject, for any consideration personal to himself, the cause of the defenceless or oppressed;

9. In the defence of a person accused of crime, by all fair and honourable means, regardless of his personal opinion as to the guilt of the accused, to present every defence that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.