Dianne Gandeza-Landicho Problem Areas in Legal Ethics MCQ (1) Judge Noah went to Singapore on vacation on board a Philippine

Airlines plane and he stayed in a first class hotel for three days and three nights. The round trip ticket ManilaSingapore-Manila, and board and lodging in the hotel where he stayed were paid for as a birthday gift to the Judge by a friend whose son has a case for estafa pending in another Branch of the Court where Judge Noah is assigned. Did Judge Noah commit any infraction of the Code of Judicial Conduct under the circumstances? A. B. C. D. No, since the case for estafa is not pending before his own branch. No, since the giving of the gift is but a congenial act of his friend. Yes, because the Code of Judicial Conduct provides that a judge should avoid impropriety and the appearance of impropriety in all activities. Yes, because he should have given the gift to the Judge before whom the estafa case is pending.

(4) The family of Judge Pio owns a small department store. With his knowledge, an employee of the store posted on the bulletin board of his court an ad for job openings informing the public that applications must be filed in the office of the judge. For this purpose, the applicants would also be interviewed therein. Is the judge liable for misconduct? A. Yes, because the restriction enshrined in Rules 5.02 and 5.03 of the Code of Judicial Conduct on the judges with regard to their own business interests is based on the possible interference which may be created by these business involvements in the exercise of their judicial duties which tend to corrode the respect and dignity of the courts as the bastion of justice. Yes, because judges must not allow themselves to be distracted from the performance of their judicial tasks by other lawful enterprises. Both A & B. Only A.

B. C. D.

(5) Atty. Luisa writes a regular column in a newspaper of general circulation and articles on unforgettable legal stories in a leading magazine. Her by-line always includes the name of her firm where she is a name partner. Would you consider this as improper advertising? No, because it is an indirect advertisement and is not prohibited by the CPR.

(2) Justice Reyes recently retired. The parents of the victims of the OZONE Disco tragedy retained him in the case for damages, which they filed against the owners of the Disco, Quezon City officials and Quezon City. Can he appear as counsel for the victims parents?

B.
C.

A. B. C.

Yes, since the law does not prohibit a retired justice from engaging in the private practice of law. Yes, because a lawyer should not reject any persons claim except for justifiable grounds. No, since the law strictly prohibits a retired judge or justice from engaging in the private practice of law. No, because the government is the adverse party in such case. (3) Prosecutor Krisandra was assigned to handle a case for homicide. After interviewing the witnesses for the prosecution and asking them to narrate to him the incident that caused the death of the victim, he came to the conclusion that the accused was really guilty. However, the version of one eyewitness showed that the accused acted in selfdefense. If you were the prosecutor, would you place said eye witness on the witness stand?

Yes, because it is an indirect way of solicitation or is an advertisement of the law firm. No, because no other information besides the name of her law firm is included.

D.

Yes, because a lawyer is proscribed to write for a newspaper of general circulation. (6) In settling his client's claims, Atty. Clark received from the adverse party P500,000 in cash for his client. Which of the following is an IMPROPER way for Atty. Clark to handle the money? Ask his client to prepare a check for his fees. Tell his client about the settlement and wait for the client's instructions. Turn over the cash to his client with a request that the latter pay him his fees. D. Deposit the cash in his own bank account and later issue his personal check to his client, less his fees. (7) Deng filed proceedings for disbarment against his lawyer, Atty. Clarence, following the latters conviction for estafa for misappropriating funds belonging to his client (Deng). While the proceeding for disbarment was pending, the President granted absolute pardon in favor of Atty. Clarence. Atty. Clarence, then, moved for the dismissal of the disbarment case. Should the motion be granted? A. B. Yes, because an absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself. No, 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

A.

No, because under the ordinary rules on trial technique, the prosecutor should not place the eye witness on the witness stand. No, because it is the prosecutors duty to defend the State. Yes, since he should not act based on his own opinion.

D.

Yes, since the primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done.

C. D.

the criminal acts may nevertheless constitute proof that the attorney does not possess good moral character. No, since disbarment proceeding is sui generis, and may proceed independently despite pardon. Yes, because the grant thereof to a lawyer is a bar to a proceeding for disbarment against him.

D.

Yes, since the accused has no financial means of paying him.

(11) TeleTech Holdings, Inc and Alorica Philippines, Inc are both retainer clients of Atty. Tomas. He is the Corporate Secretary of TeleTech Holdings, Inc. He represents Alorica Philippines, Inc in three pending litigation cases. Alorica Philippines, Inc wants to file a civil case against TeleTech Holdings, Inc and has requested Atty. Tomas to handle the case. What are the valid options of Atty Tomas? A. To decline to accept the case, because to do so will constitute representing conflicting interests. B. To accept to file the case against TeleTech Holdings, Inc, after full disclosure to both retained clients and upon their express and written consent. C. To accept to file the case against TeleTech Holdings, Inc, because it is his duty to defend the cause of his client. Only A & B are valid options. (12) While Haydie a witness for the plaintiff, was under cross-examination, Judge Mausisa asked questions alternately with the counsel for the defendant. After ten questions by the judge, the plaintiffs counsel moved that the judge refrain from asking further questions which tended to favor the defense and leave the examination of the witness to the defendants counsel, who was a new lawyer. The judge explained that he was entitled to ask searching questions. Is the motion tenable? A. B. C. D. Yes, a judge may, to promote justice, prevent waste of time or clear up some obscurity, properly intervene in the presentation of evidence during the trial. No, since he was already acting as a counsel for the defendant by asking too many questions. Yes, since the defenses counsel is only new to the profession, the judge may assist him in defending his clients cause. No, since a judge should leave the cross-examination to the counsel and should limit his duty to deciding the case.

(8) Judge Celso has many law-related activities. He teaches law and delivers lectures on law. Some people in the government consult her on their legal problems. He also serves as director of a stock corporation devoted to penal reform, where he participates in both fund raising and fund management. Which of the following statements applies to his case? He should not engage in fund raising activities.

B. C.

His activities are acceptable except the part where she is involved in fund management. He can teach law and deliver lectures on law, but should not do the other things mentioned. All of his activities are legal. (9) Johnny became a lawyer in 1988 under a claim that he is a Filipino like his parents. Nana sought Johnnys disbarment on the ground that he really is a Vietnamese. To prove his citizenship, Johnny cited Lipa RTC Branch 12s final judgment in an action to recover real property which mentioned his citizenship as Filipino. This final judgment resulted in the correction of his birth records in a separate special proceeding to show he is a Filipino, not Vietnamese as there stated. Is Johnnys claim to Filipino citizenship valid? A. Yes, since his parents are Filipinos based on what he said in his bar exam petition. Yes, because the rulings in his favor have become final and executory. No, since those rulings were not appealed to the Supreme Court. No, since the mention of his citizenship in the land case was just incidental. (10) Atty. Ralph, a semi-retired Metro Manila practitioner has a cattle ranch in the remote municipality of Tagkawayan, Quezon. He attends to his law office in Manila on Mondays, Tuesdays and Wednesdays, and the rest of the week he spends in his cattle ranch raising horses. In a criminal case pending before the Municipal Trial Court of Tagkawayan, the only other licensed member of the bar in the place is representing the complainant. The accused is a detention prisoner. The judge wants to expedite proceedings. If Atty. Ralph is requested to act as counsel for the accused, could he or refuse?

(13) Atty. Noel started teaching Political Science at the University of Batangas. In 2008, he moved to De La Salle Lipa College of Law where he taught Remedial Law. Is Atty. Mike exempt from complying with the MCLE for the 4th compliance period in April 2016? Yes, since by April 2013, he will have been teaching law for more than 10 years. Yes, since he updated himself in law by engaging in teaching. No, because he is not yet a bar reviewer. No, since he has yet to complete the required teaching experience to be exempt. (14) Atty. Gandeza was disbarred by a resolution of the Supreme Court. Five years later, Atty. Gandeza filed a petition for reinstatement, alleging that he had reformed, and that he had been sufficiently punished and disciplined. However, no action was taken on the petition. In the meantime, in a proceeding for the probate of his fathers will, Atty. Santiago filed a formal opposition on his own behalf and sought to establish that the will was a forgery and that the deceased died intestate. His co-heirs questioned his appearance citing his disbarment. May the appearance of Atty. Santiago be allowed?
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A. B. C.

No, because all persons who have been admitted to the practice of law in the Philippines are required to perform their duties to assist the courts in the administration of justice. Yes, by saying that he only goes to the province for leisure and not for work. Yes, since he is already retiring from the practice of law.

A. Yes, even if he has been disbarred from practice and has not been reinstated to practice law, he can properly represent himself because representing himself is not practice of law. B. Yes, since Rule 138,Section 34 of the Rules of Court allows an individual litigant to conduct his litigation personally. C. Yes, since the prohibition against the practice of law by a layman or a disbarred lawyer is not in conflict with the right of an individual to defend or prosecute a cause in which he is a party. All of the above. (15) Nene approached Atty. Oliver and asked him if it was alright to buy a piece of land which Soleng was selling. What was shown by Soleng to Nene was an Original Certificate of Title with many annotations and old patches, to which Nene expressed suspicion. However, Atty. Oliver, desirous of pushing through with the transaction because of the high notarial fee promised to him, told Nene that the title was alright and that she should not worry since he is an attorney and that he knew Soleng well. He notarized the Deed of Sale and Nene paid Soleng P666,000.00. It turned out that Soleng had previously sold the same property to another person. For the injustice done to Nene, may Atty. Oliver be disciplined? A. Yes, because a lawyer shall not neglect a legal matter entrusted to him and his negligence in connection therewith shall render him liable. B. Yes, because he was negligent as he placed his own interest in receiving a high notarial fee over and above the interest of his client. No, since it was Nenes duty to inquire with the Registry of Deeds. A & B. (16) After representing Kristine in an important lawsuit back in 1996, Atty. Beth lost touch of her client. In 2009, Thyra asked Atty. Beth to represent her in an action against Kristine. Such action involved certain facts, some confidential, to which Atty. Beth was privy, because she handled Kristine's old case. Can Atty. Beth act as counsel for Thyra? A. B. C. D. Yes, but she cannot reveal any confidential information she previously got. Yes, but she must notify Kristine before accepting the case. No, but she can recommend another lawyer to Thyra. No, because her duty to keep the confidences of previous clients remains.

(18) One of the foundation principles of the Bangalore Draft of the Code of Judicial Conduct is the importance in a modern democratic society of: A. B. C. D. Public confidence in its judicial system and in the moral authority and integrity of its judiciary. A judicial system that caters to the needs of the poor and the weak. The existence of independent and impartial tribunals that have the support of its government. Judges who are learned in law and jurisprudence.

(19) Jose is the accused in a criminal case for falsification of public document, which is being heard by Judge Gerardo. Jose then filed a complaint against Judge Gerardo for allegedly conspiring with the complainant in the criminal case in having him arrested and jailed. The complaint filed by Jose was referred to an executive judge for investigation, report and recommendation. The case was scheduled for hearing, but the notice thereof to Jose was returned unserved. According to the Sheriff, Jose changed residence without leaving a forwarding address. The hearing of the case was reset to another date, but Jose again failed to appear. The Executive Judge recommended that as the complainant presented no evidence at all to substantiate the charges against Judge Gerardo, the complaint should be dismissed for lack of evidence. Thereafter, the Office of the Court Administrator received a letter from Jose requesting that the Executive Judge be discharged as the investigating officer on the averment that he likewise instituted a complaint against the Executive Judge, but it was dismissed. Is there merit in the complaint? A. None, in administrative proceedings, the complainant has the burden of proving the allegations in his complaint with substantial evidence. None, since Jose consistently failed to appear on scheduled hearings for no just cause. Yes, because it is the duty of the court to investigate an administrative matter filed against its officers despite withdrawal/lack of interest of the complainant. Yes, since Jose has direct knowledge about the judges impropriety and must be given an ample chance to substantiate his complaint.

B. C.
D.

(17) While Judge Teodoro was in his chambers dictating an order to a stenographer, two lawyers who were in the courtroom waiting for the start of the session almost came to blows as a result of a heated argument. Teodoro came out of his chambers and after identifying the lawyers involved in the commotion promptly declared them in contempt of court. Was the action of Judge Teodoro proper? A. B. C. Yes, since the act of the two lawyers was done in front of the judge inside the court. Yes, since the act of the two lawyers impeded the due administration of justice. No, because the act committed by the two lawyers was merely an indirect contempt. No, because the judge should have finished stating his order before coming out of his chambers.
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(20) Atty. Lances services as a lawyer were engaged by Deidre to recover from Dylan certain construction materials and equipment. Because Deidre did not have the means to defray the expenses of litigation, he proposed to Atty. Lance that he (Atty. Lance) shoulders all expenses of the litigation and he (Deidre) would pay him (Atty. Lance) a portion of the construction materials and equipment to be recovered as compensation for his professional services. May Atty. Lance correctly agree to such arrangement? A. B. C. D. No, because a lawyer must be paid in cash all the time. Yes, because the idea originated from his client, and not from himself. No, because such an agreement would constitute a champertous contract which is considered void due to public policy. Yes, because a lawyer is entitled to a just compensation, and must likewise be reimbursed for any advances made by the client.

D.