- I-
(10%)
What are the duties of an attorney?
ANSWER:
Rule 138 Section 20. Duties of attorneys. It is the duty of an attorney:
(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 appear 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 client's 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 man's 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 -
(10%)
C engages the services of attorney D concerning various mortgage contracts
entered into by her husband from whom she is separated, fearful that her
real estate properties will be foreclosed and of impending suits for sums of
money against her. Attorney D advised C to give him her land titles
covering
her lots so he could sell them to enable her to pay her creditors. He then
persuaded her execute deeds of sale in his favor without any monetary or
valuable consideration, to which C agreed on condition that he would sell
the
lots and from the proceeds pay her creditors. Later on, C came to know that
attorney D did not sell her lots but instead paid her creditors with his own
funds and had her land titltes registered in his name.
Did attorney D violate the Code of Professional Responsibility? Explain.
ANSWER:
Art. 1491 states, the following persons cannot acquire by purchase, event at
a public or judicial auction, either in person or through the mediation of
another.
A. XXX
B. XXX
C. XXX
D. XXX
E. Justices, judges, prosecuting attorneys, clerk of superior and inferior
courts, and other officials and employees connected with the administration Will the administrative case proper? Give reasons for your answer.
of justice. XXX this shall apply to lawyers, with respect to the property and ANSWER:
rights which may be the object of any litigation in which they may take part this problem is similar to Rasmus Anderson Jr. vs Atty. Reynaldo Cardeno
by virtue of their profession. AC

F. XXX 3523, Jan 17,2005.

The Supreme Court declare such sale as "void and inexistent from the
beginning".
By that, the lawyer violates his oath of office - to obey the laws of the land.
Thus, he is guilty of malpractice and should be disciplined for his acts.
- III -
(10%)

Attorney M. accepted a civil case for the recovery of title and possession of
land in behalf of N. Subsequently, after the Regional Trial Court had issued
a
decision adverse to N, the latter filed an administrative case against attorney
M for disbarment. He alleged that attorney M caused the advese ruling
against him; that attorney M did not file an opposition to the Demurrer to
Evidence filed in the case, neither did he appear at the formal hearing on the
demurrer, leading the trial court to assume that plaintiff's counsel (attorney
M) appeared convinced of the validity of the demurer filed; that attorney M
did not even file a motion for reconsideration , causing the order to become
final and executory; and that even prior to the above events and in view of
attorney M's apparent loss of interest in the case, he verbally requested
attorney M to withdraw, but attorney M refused. Complainant N further
alleged that attorney M abused his client's trust and confidence and violated
his oath of office in failing to defend his client's cause to the very end.

Attorney M replied that N did not give him his full cooperation; that the
voluminous records turned over to him were in disarray, and that appeared
for N, he had only half of the information and background of the case; that
he was assured by N's friends that they had approach the judge; that they
requested him (M) to prepare a motion for reconsideration which he did and
gave to them; however these friends did not return the copy of the motion.