2005 BAR EXAMINATIONS
IN REMEDIAL LAW
BAR EXAMINATIONS 2005
LEGAL ETHICS AND PRACTICAL EXERCISES
25 September 2005 2 P.M. — 5 P.M.
This questionnaire consists of sixteen (16) numbers contained in seven
(7) pages. Read each question very carefully. Answer legibly, clearly
and concisely. Start each number on a separate page; an answer to a
sub-question under the same number may be written continuously on the
same and immediately succeeding pages until completed. Do not repeat
HAND IN YOUR
NOTEBOOK WITH THIS QUESTIONNAIRE GOOD LUCK!!!
(Sgd.) Romeo J. Callejo, Sr.
2005 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN
THIS SET WARNING: NOT FOR SALE OR UNAUTHORIZED USE
LEGAL ETHICS AND PRACTICAL EXERCISES
- I -
Multiple choice. Choose the correct answer. Write the letter
corresponding to your answer.
(1.) Which of the following need not be verified?
a) Petition for Certiorari;
c) Petition for Habeas Corpus;
d) Answer with compulsory counterclaim;
e) All pleadings under the Rules on
Summary Procedure. (2%)
(2.) Which of the following statements is false?
All administrative cases against Justices of appellate courts and
judges of lower courts fall exclusively within the jurisdiction of the
(3.) On which of the following is a
lawyer proscribed from testifying as a witness in a case he is handling
for a client:cralaw
Administrative cases against erring Justices of the Court of Appeals
and Sandiganbayan, judges, and lawyers in the government service are
not automatically treated as disbarment cases.
The IBP Board of Governors may, motu proprio, or upon referral by the
Supreme Court or by a Chapter Board of Officers, or at the instance of
any person, initiate and prosecute proper charges against erring
lawyers including those in the government service.
d) The filing of an administrative case
against the judge is not a ground for disqualification/inhibition.
Trial courts retain jurisdiction over the criminal aspect of offenses
committed by justices of appellate courts and judges of lower courts.
a) On the mailing of documents;
b) On the authentication or custody of
c) On the theory of the case;
d) On substantial matters in cases
where his testimony is essential to the ends of justice. (2%)
- II -
Mike Adelantado, an aspiring lawyer, disclosed in his petition to take
the 2003 Bar Examinations that there were two civil cases pending
against him for nullification of contract and damages. He was thus
allowed to conditionally take the bar, and subsequently placed third in
the said exams.
In 2004, after the two civil cases had been resolved, Mike Adelantado
filed his petition to take the Lawyer’s Oath and sign the Roll of
Attorneys before the Supreme Court. The Office of the Bar Confidant,
however, had received two anonymous letters: the first alleged that at
the time Mike Adelantado filed his petition to take the bar, he had two
other civil cases pending against him, as well as a criminal case for
violation of Batas Pambansa (B.P.) Bilang 22; the other letter alleged
that Mike Adelantado, as Sangguniang Kabataan (SK) Chairperson, had
been signing the attendance sheets of (SK) meetings as “Atty. Mike
a) Having passed the bar, can Mike
Adelantado already use the appellation “attorney”? Explain your answer.
b) Should Mike Adelantado be allowed to
take his oath as a lawyer and sign the Roll of Attorneys? Explain your
- III -
Atty. Kuripot was one of Town Bank’s valued clients. In recognition of
his loyalty to the bank, he was issued a gold credit card with a credit
limit of P250,000.00. After two months, Atty. Kuripot exceeded his
credit limit, and refused to pay the monthly charges as they fell due.
Aside from a collection suit, Town Bank also filed a disbarment case
against Atty. Kuripot.
In his comment on the disbarment case, Atty. Kuripot insisted that he
did not violate the Code of Professional Responsibility, since his
obligation to the bank was personal in nature and had no relation to
his being a lawyer.
a) Is Atty. Kuripot correct? Explain
your answer. (3%)
b) Explain whether Atty. Kuripot should
be held administratively liable for his refusal to settle his credit
card bill. (3%)
- IV -
You had just taken your oath as a lawyer. The secretary to the
president of a big university offered to get you as the official notary
public of the school. She explained that a lot of students lose their
Identification Cards and are required to secure an affidavit of loss
before they can be issued a new one. She claimed that this would be
very lucrative for you, as more than 30 students lose their
Identification Cards every month. However, the secretary wants you to
give her one-half of your earnings therefrom.
Will you agree to the arrangement? Explain. (5%)
- V -
Judge Horacio would usually go to the cockpits on Saturdays for
relaxation, as the owner of the cockpit is a friend of his. He also
goes to the casino once a week to accompany his wife who loves to play
the slot machines. Because of this, Judge Horacio was administratively
charged. When asked to explain, he said that although he goes to these
places, he only watches and does not place any bets.
Is his explanation tenable? Explain. (5%)
A businessman is looking for a new retainer. He approached you and
asked for your schedule of fees or charges. He informed you of the
professional fees he is presently paying his retainer, which is
actually lower than your rates. He said that if your rates are lower,
he would engage your services.
Will you lower your rates in order to get the client? Explain. (5%)
- VII -
(1.) Judge Segotier is a member of Phi Nu Phi Fraternity. Atty. Nonato
filed a motion to disqualify Judge Segotier on the ground that the
counsel for the opposing party is also a member of the Phi Nu Phi
Fraternity. Judge Segotier denied the motion. Comment on his ruling.
(2.) In an intestate proceeding, a petition for the issuance of letters
of administration in favor of a Regional Trial Court Judge was filed by
one of the heirs. Another heir opposed the petition on the ground that
the judge is disqualified to become an administrator of the estate as
he is the brother-in-law of the deceased. Rule on the petition. (5%)
- VIII -
Due to the number of cases handled by Atty. Cesar, he failed to file a
notice of change of address with the Court of Appeals. Hence, he was
not able to file an appellant’s brief and consequently, the case was
dismissed. Aggrieved, Atty. Cesar filed a motion for reconsideration of
the resolution dismissing the appeal and to set aside the entry of
judgment on the ground that he already indicated in his “Urgent Motion
for Extension of Time to File Appeal Brief” his new address and that
his failure to file a notice of change of address is an excusable
Will the motion prosper? Explain. (5%)
- IX -
Darius is charged with the crime of murder. He sought Atty. Francia’s
help and assured the latter that he did not commit the crime. Atty.
Francia agreed to represent him in court. During the trial, the
prosecution presented several witnesses whose testimonies convinced
Atty. Francia that her client is guilty. She confronted his client who
eventually admitted that he indeed committed the crime. In view of his
admission, Atty. Francia decided to withdraw from the case.
Should Atty. Francia be allowed to do so? Explain. (5%)
- X -
Atty. Yabang was suspended as a member of the Bar for a period of one
(1) year. During the period of suspension, he was permitted by his law
firm to continue working in their office, drafting and preparing
pleadings and other legal documents but was not allowed to come into
direct contact with the firms’ clients. Atty. Yabang was subsequently
sued for illegal practice of law.
Would the case prosper? Explain. (5%)
- XI -
Atty. Japzon, a former partner of XXX law firm, is representing Kapuso
Corporation in a civil case against Kapamilya Corporation whose legal
counsel is XXX law firm. Atty. Japzon claims that she never handled the
case of Kapamilya Corporation when she was still with XXX law firm.
Is there a conflict of interest? Explain. (5%)
- XII -
Pending before the sala of Judge Magbag is the case of CDG versus JQT.
The legal counsel of JQT is Atty. Ocsing who happens to be the brother
of Atty. Ferreras, a friend of Judge Magbag. While the case was still
being heard, Atty. Ferreras and his wife celebrated their wedding
anniversary. They invited their friends and family to a dinner party at
their house in Forbes Park. Judge Magbag attended the party and was
seen conversing with Atty. Ocsing while they were eating at the same
Comment on the propriety of Judge Magbag’s act. (5%)
- XIII -
Gerry Cruz is the owner of a 1,000-square meter lot covered by Transfer
Certificate of Title No. 12345 located in Sampaloc, Metro Manila. Gerry
decided to sell the property but did not have the time to look for a
buyer. He then designated his brother, Jon, to look for a buyer and
negotiate the sale. Jon met Angelo Santos who expressed his interest to
buy the lot. Angelo agreed to pay P1 Million for the property on
September 26, 2005.
Draft the Special Power of Attorney to be executed by Gerry Cruz, as
principal, in favor of his brother Jon, as agent, authorizing the
latter to sell the property in favor of Angelo Santos. (7%)
b) Draft the Deed of Sale of Real
- XIV -
Draft a withdrawal of counsel without conformity of client. (6%)
- XV -
Draft a Notice of Appeal. (6%) - XVI - Draft a Certification of
Non-Forum Shopping. (6%)