I.

State the duties of a lawyer imposed by the Lawyers Oath. (5%)

SUGGESTED ANSWER:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines;
(b) To observe and maintain the respect due to the courts of justice and judicial officers;
(c) To counsel or maintain such actions or proceedings only as appearing to him to be just, and
such defenses only as he believes to be honestly debatable under the law;
(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are
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;
(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of
his client, and to accept no compensation in connection with his clients business except from
him or with his knowledge and approval;
(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;
(g) 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;
(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;
(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law.
II.
State at least five (5) instances where judges should disqualify themselves from
participating in any proceedings where their impartiality might reasonably be
questioned. (5%)
SUGGESTED ANSWER: The Code of Judicial Conduct further elaborate the above rule in this
manner: Rule 3.12 A judge should take no part in a proceeding where the judges impartiality
might reasonably be questioned. These cases include proceedings where:
(a) The judge has personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding;
(b) The judge served as executor, adminitrator, guardian, trustee or lawyer in the case or
matters in controversy, or a former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness therein;
(c) The judges ruling in a lower court is the subject of review;
(d) The judge is related by consanguinity or affinity to a party litigant within the sixth degree or
to counsel within the fourth degree;
(e) The judge knows that the judges spouse or child has a financial interest, as heir, legatee,
creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the
proceeding, or any other interest that could be substantially affected by the outcome of the
proceeding.
III.
Differentiate retaining lien from charging lien. (5%)

SUGGESTED ANSWER: An attorneys lien is of two kinds: One is called retaining lien and the
othercharging lien. Theretaining lien is the right of the attorney to retain the funds,
documents, and papers of his client which have lawfully come into his possession until his lawful
fees and disbursements have been paid and to apply such funds to the satisfaction thereof.
Thecharging lien. is the right which the attorney has upon all judgments for the payment of
money, and executions issued in pursuance of said judgments, which he has secured in litigation
of his client (Section 33, Rule 127; Rustia vs. Abeto, 72 Phil., 133). Under this rule, this lien,
whether retaining or charging, takes legal effect only from and after, but not before, notice of
said lien has been entered in the record and served on the adverse party (Macondray &
Company, Inc. vs. Jose, 66 Phil., 590; Menzi and Company vs. Bastida, 63 Phil., 16).
IV.

CPR
CANON 2 A lawyer shall make his legal services available in an efficient and convenient manner
compatible with the independence, integrity and effectiveness of the profession.
Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenseless or oppressed.
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall not refuse
to render legal advise to the person concerned if only to the extent necessary to
safeguard latters rights.
Rule 2.03 a lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.
Rule on Advertisements
General Rule: No advertisements allowed. The most worthy and effective advertisement
possible is the establishment of a well-merited reputation for professional capacity and
fidelity to trust.

Lawyers may not advertise their services or expertise nor should not resort to indirect
advertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in which the
lawyer has been engaged or concerning the manner of their conduct, the magnitude of the
interest involved, the importance of the lawyers position, and all other self-laudation.
Rule 2.04 A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.
A lawyer cannot delay the approval of a compromise agreement entered into between
parties, just because his attorneys fees were not provided for in the agreement.
Rule: A lawyer cannot compromise the case without clients consent (special authority).
Exception: Lawyer has exclusive management of the procedural aspect of the litigation
(e.g. Submission for decision on the evidence so far presented. But in case where lawyer is
confronted with an emergency and prompt/urgent action is necessary to protect clients
interest and theres no opportunity for consultation, the lawyer may compromise.
Rule: Refrain from charging rates lower than the customary rates.
Valid Justification: relatives, co-lawyers, too poor

V.

: Rule 3.12 A judge should take no part in a proceeding where the judges impartiality might
reasonably be questioned. These cases include proceedings where:
(a) The judge has personal bias or prejudice concerning a party, or personal knowledge of
disputed evidentiary facts concerning the proceeding;
(d) The judge is related by consanguinity or affinity to a party litigant within the sixth degree or
to counsel within the fourth degree;

VI.

Q. What is champerty?
A. A champertous contract may result where a lawyer assumes all expenses for litigation and
reimbursement is contingent on the outcome of the case. This is strictly prohibited under Rule
16-04 of the CPR.
Champerty is different from a contingent fee contract because in the latter the lawyer
gets reimbursed for the advances made for the client in the course of representation,

whether he wins the suit or not; only the amount of professional fees is contingent
upon winning.

The principle behind Rule 16.04 is to prevent the lawyer from taking advantage of his influence over the client
or to avoid acquiring a financial interest in the outcome of the case.

Champertous Contracts (void) Lawyer stipulates with his client that in the prosecution of the case, he will

bear all the expenses for the recovery of things or property being claimed by the client and the latter agrees to
pay the former a portion of the thing/property recovered as compensation.
Compensation to an attorney for merely recommending another lawyer is improper (agents)
Attorneys fees for legal services shared or divided to non-lawyer is prohibited. Division of fees is only for

division of service or responsibility.

A lawyer should try to settle amicably any differences on the subject. A lawyer has 2 options. Judicial action to
recover attorneys fees:

VIII.

Sub Judice Rule

The sub judice rule restricts comments and disclosures pertaining to judicial proceedings to avoid
prejudging the issue, influencing the court, or obstructing the administration of justice, the CA
reminded
the
parties.
Anyone violating the sub judice rule can be cited for indirect contempt of court under Section
3(d),
Rule
71
of
the
Rules
of
Court.
___________In essence, the sub judice rule restricts comments and disclosures pertaining to pending judicial
proceedings. The restriction applies not only to participants in the pending case, i.e., to members
of the bar and bench, and to litigants and witnesses, but also to the public in general, which
necessarily includes the media. Although the Rules of Court does not contain a specific provision
imposing the sub judice rule, it supports the observance of the restriction by punishing its
violation as indirect contempt under Section 3(d) of Rule 71:
Section 3. Indirect contempt to be punished after charge and hearing. x x x a person guilty of any
of the following acts may be punished for indirect contempt:
xxxx
(d) Any improper conduct tending, directly or indirectly, to impede, obstruct, or degrade the
administration of justice[.]
Persons facing charges for indirect contempt for violation of the sub judice rule often invoke as
defense their right to free speech and claim that the citation for contempt constitutes a form of
impermissible subsequent punishment.
_________
The sub judice rule is embodied in the broad language of Rule 71, Section 3(d) of the Rules of Court. That
section provides that [a]ny improper conduct tending, directly or indirectly, to impede, obstruct, or degrade
the administration of justice is punishable as indirect contempt. As stated in the case of Romero, et al. v.
Estrada, et al. (G.R. No. 174105, 2 April 2009), the rule restricts comments and disclosures pertaining to
judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of
justice. This rule applies not only to the parties to the case, but also to the public in general, including the
media.

a. Yes, Atty. Roberto violated the ff rules in the CPR:

CANON 1- a lawyer shall uphold the constitution, obey the laws of the land and promote
respect for the law and legal processes.
RULE 1.01- a lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

CANON 7- a lawyer shall at all times uphold the integrity and dignity of the legal profession
and support the activities of the integrated bar.
RULE 7.03-a lawyer shall not engage in conduct that adversely reflects on his
fitness to practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
CANON 11- a lawyer shall observe and maintain the respect due to the courts and to
judicial offices and should insist similar conducts by others.
b. Yes, lawyers must at all times faithfully perform their duties to society, to the bar, to the
courts and to their clients. The fact that the lawyer obtained the loan and issued the
worthless checks in his private capacity and not as an attorney of the complainant is of no
moment.
Therefore, for issuing worthless checks, the lawyer ay be held administratively
accountable.

XVIII.

XIX