Legal Ethics Questionnaire
Legal Ethics Questionnaire
Legal Ethics Questionnaire
INSTRUCTIONS
1. This Questionnaire contains ten (10) pages. Check and make sure
that your Questionnaire has the correct number of pages. You may
write on your Questionnaire as you answer the questions.
Read each question very carefully and write your answers in your
Bar Examination Notebook in the same order of the questions.
Answer the essay questions legibly, clearly, and concisely. Write
your answers only on the front of every page of your Notebook. If
the front pages are not sufficient, continue at the back of the first
page and so on. Start every number on a separate page, but an
answer to a sub-question under the same number may be written
continuously on the same page and on the immediately succeeding
pages until the answer is complete. Follow the numbering sequence
of the Questionnaire in your answers.
Good luck!
irman
......_ .,.. ' 'ar Examinations
LEGAL AND JUDICIAL ETHICS 2
I.
A.
Brando & Luzon Law Office had a retainer agreement with Gregory,
a businessman with shady connections. Gregory was recently
charged in the RTC in Manila with money laundering in relation to
an illegal drugs syndicate using Cable Co., his holding company, as
its money laundering conduit. The members of the Brando & Luzon
Law Office assigned to handle Gregory's account, including
yourself, were implicated in the money laundering case for their
role in the incorporation of Cable Co. and in the active management
of its business affairs.
In a bid to fortify the case against Gregory and the others, the
public prosecutor approaches you (as the least guilty person who
will qualify for a discharge as a state witness) and offers to make
you a state witness. Should you accept the offer? Explain your
answer. (5%)
B.
Under the facts of the preceding question, assume that you had
resigned from the Brando & Luzon Law Office prior to the filing of
the money laundering case against Gregory and the others, and
that you were not implicated in the case. However, you had assisted
in handling the Cobra Co. account during your time with the law
firm. Cobra Co. was largely owned by Cable Co.
The public prosecutor handling the case against Gregory and the
others asks you, as a former member of the Brando & Luzon Law
Office, to help strengthen the case for the Government, and hints
that you may be implicated in the case if you do not cooperate.
What is your legal and ethical course of action? Explain your
answer. (5%)
II.
A.
Pedro Tig_as, a known toughie, asked Atty. Chloe to meet with him
in the Jollibee Restaurant in Harrison Plaza because he wanted to
seek her legal advice on an important matter. Atty. Chloe had once
before been consulted by Pedro Tigas, who had then paid her well.
When they met in Jollibee Restaurant, he confided his planned
"
~
LEGAL AND JUDICIAL ETHICS 3
A few days afterwards, Pepeng Taga was killed near his house in
San Andres Bukid, Manila. The police follow-up team arrested
Pedro Tigas on the basis of testimony by at least two residents that
they had heard him saying two days before the killing that Pepeng
Taga would not live beyond 48 hours. Should Atty. Chloe reveal to
the police investigator what Pedro Tigas had stated to her at the
Jollibee Restaurant without violating the confidence of the latter as
a client? Explain your answer. (4%)
B.
Assuming that the meeting between Pedro Tigas and Atty. Chloe in
Jollibee Restaurant occurred after the killing of Pepeng Taga, and in
that meeting Pedro Tigas expressly admitted to Atty. Chloe in strict
confidence as his lawyer that he had shot Pepeng Taga. Is Atty.
Chloe ethically bound to reveal the admission of Pedro Tigas to the
police investigator what Pedro Tigas had stated to her at the
Jollibee Restaurant? Explain your answer. (4/o)
Ill.
A.
Alleging that Atty. Frank had seduced her when she was only 16
years old, and that she had given birth to a baby girl as a result,
Malen filed a complaint for his disbarment seven years after the
birth of the child charging th.at he was a grossly immorat person
unworthy and unfit to continue in the Legal Profession. In his
comment, Atty. Frank argued that the complaint for disbarment
should be dismissed because of prescription.
B.
~
LEGAL AND JUDICIAL ETHICS 4
IV.
v.
A few days later, Eva learned that Atty. Doble Kara had just initiated
intestate proceedings involving the same estate in the RTC, and the
petitioner seeking appointment as administratrix was Mely, Eva's
hostile cousin and co-heir to the estate.
~
LEGAL AND JUDICIAL ETHICS 5
Given his explanations to the estate court, may Atty. Doble Kara
ethically represent Mely? (4%)
VI.
VII.
A.
You had just taken your oath as a new lawyer. The secretary of a
big university offered to get you as the university's notary public.
She explained that the faculty and students would be sent to you to
have their documentations and affidavits notarized; and that the
arrangement would be very lucrative for you. However, the
secretary wants you to share with her half of your earnings
throughout the year.
B.
The plaintiff died during the pendency of the case in the RTC. If you
were the counsel of the plaintiff, what is the last duty you need to
discharge in behalf of the late client before your professional
'
.51
LEGAL AND JUDICIAL ETHICS 6
VIII.
A.
Sancho Mahilig went to the office of Atty. Charm to engage her legal
representation in the criminal case for adultery that the husband of
his socialite friend had brought against him in the City Prosecutor's
Office in Manila. Atty. Charm thoroughly interviewed Sancho in her
office with only Linda, the secretary/stenographer of Atty. Charm,
the only other person present. On that occasion, Sancho candidly
informed Atty. Charm about his illicit affair with the socialite wife,
and gave many details. Linda faithfully recorded the interview.
During the trial of the criminal case for adultery, the trial prosecutor
requested the court to issue a subpoena duces tecum to compel the
production of the record of the interview and a subpoena ad
testificandum to compel Linda to testify on the admission of the
affair by Sancho. Atty. Charm objected to the request on the basis
of lawyer-client confidentiality.
If you were the trial judge, how will you resolve the objection of
Atty. Charm? Justify your answer. (4o/o)
B.
IX.
'?
LEGAL AND JUDICIAL ETHICS 7
x.
Atty. Anna Kirmet was one of Worry Bank's valued clients. The
bank gave her a credit card with a credit limit of P250,000.00.
Because of her extravagance, Atty. Kirmet exceeded her credit limit
and refused to pay the monthly charges as they fell due.
XI.
A.
Define champerty. (3%)
B.
.JZ,
LEGAL AND JUDICIAL ETHICS 8
XII.
XIII.
XIV.
Kyle Angelo was served with summons and a copy of the complaint
of Ciara Jane for collection of the amount of P1 ,000,000.00 as
~
LEGAL AND JUDICIAL ETHICS 9
Draft the notice of hearing that Atty. Carlos Sabit should include in
the motion to dismiss. (3%)
xv.
Believing that an onerous transfer would result in lesser taxes than
a gratuitous transfer, Nenita Villo, a widow, decided to sell her lone
asset worth P3,000,000.00 to her daughters, Andrea, Carina and
Carissa, all of legal age, gainfully employed and still unmarried.
The asset consisted of the house and the lot registered under
Transfer Certificate of Title No. 67890 of the Register of Deeds of
Paranaque City and situated at No. 3156 Bayswater Street, Metro
Ville Subdivision, Paranaque City where Nenita and her daughters
presently resided.
XVI.
~
LEGAL AND JUDICIAL ETHICS 10
- NOTHING FOLLOWS -
4
'