1994 2000

CODE OF PROFESSIONAL RESPONSIBILITY

Topic (as
specific as
possible)
Maintenance of
adulterous
relationship

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

Legal
provision/Case
doctrine

Year (s) asked

Question
number

Canon 1; Rule
1.01 Unlawful,
dishonest,
immoral or
deceitful
conduct;
Maintenance of
adulterous
relationship.
Canon 1; Rule
1.02 - A lawyer
shall not counsel
or abet activities
aimed at
defiance of the
law.

1994

1994

4C

1994 Q4 and 4C
During 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, Canon 3; Rule
1998
7
misleading,
3.01 - A lawyer
deceptive,
shall not use or
undignified, self- permit the use of
laudatory or
any false,
unfair statement fraudulent,

or claim
regarding his
qualifications or
legal services.

misleading,
deceptive,
undignified, selflaudatory or
unfair statement
or claim
regarding his
qualifications or
legal services.

1998 Q7
A 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 lawyers 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
Canon 3; Rule
1994
3
obtaining firm
3.02.
names; Inclusion
of deceased
partner in the
firm name.
1994 Q3
The 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
Canon 6
2000
2
government
services in the
discharge of
their tasks.
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
Canon 14; Rule
1996
2-3a and 6-2
not refuse his
14.01
services to the
needy.
1996 Q2- 3a
Should 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 latters 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 Q6-2
Y 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 lawyers work is to see to it that due process of law is
observed. Otherwise, may accused will be defenseless.
Ascertaining
Canon 15; Rule
1997
6
existence of
15.01
conflict of
interest and
informing the
prospective
client of such.
1997 Q6
You 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 Canon 15; Rule
1994
10
communication.
15.02
1994 Q10
The 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 companys 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
Canon 15; Rule
1997
5
of all concerned. 15.03
1999
8
1997 Q5
Mrs. F, a young matron, was referred to you for legal advice by your good
friend in connection with the matrons 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 managers 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 Q8
Atty. 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. Cedo243 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
Canon 15; Rule
1995
5
principles of
15.07
fairness upon his
clients.
1995 Q5
Winnie retained the services of Atty. Derecho to file a collection case
against Carmen. Winnie paid Atty. Derecho a sizeable retainers 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
retainers 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 retainers 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
Canon 20; Rule
1994
12
quantum meruit
20.01
1998
14
1994 Q12
Mindful 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 Q14
Judge 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 drivers 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 drivers 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
Canon 20; Rule
1997
14
allowance or
20.03
other
compensation
related to his
professional
employment
1997 Q14
A 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
representatives work for the real estate company. The latters offer of the
lot, which Atty. O accepted, was in consideration of its sales
representatives being the firms 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 attorneys fees. (Pineda, Legal & Judicial Ethics, 1995
ed. p. 243)
Avoiding
Canon 20; Rule
1998
17
controversies
20.04
with clients
concerning
compensation.
1998 Q17
Discuss 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
Canon 22; Rule
1997
11
lawyer withdraw
22.01
1995
5
his services
2000
5
1997 Q11
Cite at least five (5) valid reasons under any of which a lawyer may be
allowed to withdraw from a case even without her clients 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 Q5
Winnie retained the services of Atty. Derecho to file a collection case
against Carmen. Winnie paid Atty. Derecho a sizeable retainers 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
retainers 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 retainers 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 attorneys 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 lawyers fees or to comply with the retainer agreement. He
has only refused to agree with the lawyers 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
Canon 7
1997
10
colleagues and
conflicts of
opinions.
1997 Q10
M 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
Ns 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
Canon 42
1999
6
champertous
2000
8-a and 8-b
contract.
1999 Q6
Atty. As 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 8b
a) 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 lawyers 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 clients
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
Canon 3
1995
11-2
of judges.
1995 Q11-2
After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng,
persuaded defendant Doris Dy to enter into a compromise agreement with
the plaintiff without the knowledge and participation of defendants
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 lawyers right to a
just compensation. Such right is entitled to protection from the court.
Performing
Canon 3 (a)
1998
12
duties without
favor, bias or
prejudice.
1998 Q12
Ben filed proceedings for disbarment against his lawyer, Atty. Co, following
the latters 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
Canon 3 (e )
1996
7-1
compulsory
1999
11
inhibition of a
judge.
1996 Q7-1
In 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 judges
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 judges 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 Q11
In 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. Jurdalena84 SCRA 41). He need not wait for a
motion of the parties in order to disqualify himself.
Voluntary
Canon 3
1997
16
inhibition of a
judge.
1997 Q16
RTC 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 Qs 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 Qs 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 peoples 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
Canon 3
1994
13
voluntary
inhibition.
1994 Q13
In 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 latters ability to act
independently and judiciously had been compromised and seriously
impaired because of his utang na loob to the plaintiffs 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 peoples 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
Canon 5
1995
11-2
equality to a
judge.
1995 Q11-2
After the pre-trial Atty. Hans Hilado, counsel for plaintiff Jennifer Ng,
persuaded defendant Doris Dy to enter into a compromise agreement with
the plaintiff without the knowledge and participation of defendants
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 lawyers right to a
just compensation. Such right is entitled to protection from the court.
RULES OF COURT
Duties of
attorneys.

Rule 138; Sec. 20

1996
1999

2-3b
2

2000

10-b

1999 Q2
Atty. 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. Xs failure to file the brief for
the accused, the latters appeal was dismissed. Complaint for disbarment
was filed by Y against Atty. X for neglect of duty. Atty. Xs defense is that he
ceased to be counsel for Y after the adverse decision was rendered by the
trial court.
Is Atty. Xs contention tenable?
Answer:
Atty. Xs 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 Q2-3b
Should 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 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 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 mans 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 clients 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 mans 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.