SAN BEDA COLLEGE ALABANG MOCK BAR 2017 LEGAL ETHICS AND PRACTICAL EXERCISES Read each ques!"# ca$e%u&&'( ca$e%u&&'( A )e$e *ES "$ NO a#s+e$ +!&& #" )e$! a#' ,"!#( *"u a$e -!.e# %"u$ / h"u$s " a#s+e$ h!s ea)( A#s+e$ he Essa' ques!"#s &e-!3&'4 c&ea$&'4 a#d c"#c!se&'( Sa$ each #u)3e$ "# a se,a$ae ,a-e( A# a#s+e$ " a su35ques!"# u#de$ he sa)e #u)3e$ )a' 3e +$!e# c"#!#u"us&' "# he sa)e ,a-e a#d he !))ed!ae&' succeed!#,a-es u#!& c"),&eed(
1. Atty Atty. Bravo Bravo represen represents ts Carlos Carlos Negar Negar (an insura insurance nce agent for Dormir Dormir Insura Insurance nce Co.) in a suit filed by insurance claimant Andy Limot !o also sued Dormir Insurance. "!e insurance policy re#uires t!e insured$claimant to give a ritten notice notice to t!e insurance insurance company or its agent it!in %& days from t!e occurrence occurrence of t!e loss. Limot testified during t!e trial t!at !e !ad mailed t!e notice of t!e loss to t!e insurance agent' but admitted t!at !e lost t!e registry receipt so t!at !e did not !ave any documentary evidence of t!e fact of mailing and of t!e timeliness of t!e mailed notice. Dormir Insurance denied liability' contending t!at timely notice !ad not been given eit!er to t!e company or its agent. Atty. Bravos client' agent Negar' Negar' testified and confirmed t!at !e never received any notice.
A fe days after Negar testified' !e admitted to Atty. Bravo t!at !e !ad lied !en !e denied receipt of Limots notice !e did receive t!e notice by mail but immediately s!redded it to defeat Limots claim.
If you ere Atty. Bravo' !at ould you do in lig!t of your clients (Carlos Negars) disclosure t!at !e per*ured !imself !en !e testified+
,. Atty Atty. -erafi -erafin n oto oto is t!e Corpor Corporate ate -ecretar -ecretary y of a constr construct uction ion corporat corporation ion t!at !as secured a multi/million infrastructure pro*ect from t!e government. In t!e cour course se of !is !is duti duties es as corpo corpora rate te secr secret etar ary y' !e learn learned ed from from t!e t!e comp compan any y president t!at t!e corporation !ad resorted to bribery to secure t!e pro*ect and !ad falsified records to cut implementing costs after t!e aard of t!e pro*ect.
"!e government filed a civil action to annul t!e infrastructure contract and !as subpoenaed Atty. oto to testify against t!e company president and t!e corporation regard regarding ing t!e briber bribery y. Atty Atty. oto oto moved moved to #uas! #uas! t!e subpoen subpoena' a' assert asserting ing t!at t!at layer/client privilege prevents !im from testifying against t!e president and t!e corporation.
esolve t!e motion to #uas!.
0. Atty. Atty. ermano re#uested re#uested !is fraternit fraternity y brot!er' brot!er' 2udge 3atron' to introduce introduce !im to 2udg 2udge e Apes Apesta tado do'' befo before re !om !om !e !as !as a case case t!at t!at !ad !ad been been pend pendin ing g for for sometime.
2udge 3atron' a close friend of 2udge Apestado' acceded to t!e re#uest' telling t!e latter t!at Atty. ermano is !is fraternity 4brod5 and t!at Atty. ermano simply anted to as6 as 6 for advice on !o to e7pedite t!e resolution of !is case. "!ey met' as arranged' in t!e fine dining restaurant of a five/star !otel. Atty. Atty. ermano !osted t!e dinner.
Did
Atty.
ermano'
2ud 2udge
3atron
and
2udge
Apesta stado
commit
any
et!ical$administrative violation for !ic! t!ey can be !eld liable+
8. A is accused accused of robbery robbery in a complaint complaint filed filed by B. A soug!t free free legal assistance assistance from t!e 3ublic Attorneys 9ffice (3A9) and Atty. C as assigned to !andle !is
case. After revieing t!e facts as stated in t!e complaint and as narrated by A' Atty. C is convinced t!at A is guilty.
:. 2udge A accepted accepted a gift consisti consisting ng of assorted assorted canned goods goods ot!er grocery grocery items items from !is compadre !ose friend !as a pending case it! !im. e accepted t!e gift gift *ust *ust so as not not to emba embarr rrass ass !is !is comp compad adre re.. ;!en ;!en !is !is compa compadr dre e left left !is !is c!ambers' c!ambers' !e as6ed !is secretary to donate t!e gift !e received to t!e victims victims of "yp!oon
%. A in!erit in!erited ed parcel of land land situated situated in Batasan Batasan ills !ic! !ic! is occupied occupied by informal informal settlers. e anted to e*ect t!e occupants' but !e !as no financial means to pursue t!e e*ectment e*ectment case. e contracted contracted t!e services services of Atty. Atty. B' !o agreed to defray all t!e e7penses of t!e suit on t!e condition t!at !e ill be paid one/!alf () of t!e t!e prop proper erty ty to be reco recover vered ed as !is !is comp compen ensat satio ion. n. ;!at ;!at is t!is t!is 6ind 6ind of attorneys fees+ Can Atty. Atty. B enforce t!is contract against A+
;!at are t!e respective remedies relative to t!e collection of attorneys fees' if any' of A and Atty. B against eac! ot!er+
>. 2udge A !as an illicit illicit relati relations!ip ons!ip it! it! B' !is Branc! Cler6 Cler6 of Court. Court. C' t!e ife of 2udge 2udge A' discover discovered ed t!e illici illicitt affai affairr and consult consulted ed a layer layer to vindic vindicate ate !er violated marital rig!ts. If you ere t!at layer' !at ould you advice C' and if s!e agrees and as6s you to proceed to ta6e action' !at is t!e legal procedure t!at you s!ould follo+ Discuss fully.
?. 2ustice 2ustice B of t!e Court Court of Appeals Appeals (CA) (CA) as a former former egional egional "ria "riall Court ("C) ("C) 2udge. A case !ic! !e !eard as a trial *udge as raffled off to !im. "!e appellant soug!t !is dis#ualification from t!e case but !e refused on t!e ground t!at !e as not t!e *udge !o decided t!e case as !e as already promoted to t!e appellate court before !e could decide t!e case. ;as t!e refusal of 2ustice B to recuse from t!e case proper+ =7plain your anser.
@. A) If an attor attorne ney y !as been been gran grante ted d by !is clie client nt full aut!or aut!orit ity y to enter enter into into an amicable settlement it! t!e ot!er party' may t!e client later on refuse to !onor t!e amicable settlement forged by t!is attorney+ a ttorney+ =7plain. (B) In suc! instance as in (A) above' can t!e layer it!dra from t!e case and collect in full !is contracted attorneys fees+ ;!y or !y not+
1&.Atty. A !as plans of *oining t!e *udiciary. e !as been a layer for about tenty years no. e !as been a member of t!e Integrated Bar of t!e 3!ilippines' a legal consultant to a number of business entities. -trangely enoug!' !oever' !e !as yet to see a court room. Never during !is ,& year stint as a layer' !as !e !ad t!e opportunity to conduct any actual trial or litigation or6. Does !e possess t!e necessary #ualifications for a egional "rial 2udge+ 11. rs ' ' a young matron' matron' as referred referred to you for legal advice by a good friend in conn connect ectio ion n it! it! t!e t!e matr matron ons s reta retail il busi busine ness. ss. -!e -!e rela relate ted d to you you t!e t!e fact facts s regarding a sale on consignment to someone s!e did not name or identify. -ince s!e as referred to you by a close friend' you did not bill !er for consultation. Neit Neit!e !err did did s!e s!e comp compen ensat sate e you. you. 9ne 9ne year year late laterr' t!e t!e pres presid iden entt of a clie client nt company of your la firm' as6ed you to defend !er in a criminal case for estafa filed by rs. . ;ould you !andle !er case+ c ase+
1,.nder t!e Code of 3rofessional esponsibility' a layer oes fidelity to t!e cause of !is client and s!all represent !is client it! eal in t!e maintenance and defense of !is rig!ts. o far' in general terms' may a layer go in advocating' supporting and defending !is clients rig!ts and interests+ 10. "C 2udge E' is a deacon in t!e Iglesia ni Fristo in -an rancisco' Del onte' onte' Eueon City. ' a member of t!e same religious sect' filed a case against - !o belongs to t!e =l -!addai c!arismatic group. "!e case as raffled to 2udge Es sala. "!e layer of - filed a motion to dis#ualify 2udge E on t!e ground t!at since !e and t!e plaintiff belonged to t!e same religious sect and community' 2udge E ould not possess t!e cold neutrality of an impartial *udge. 2udge E denied t!e motion on t!e ground t!at t!e reason invo6ed for !is dis#ualification as not among t!e grounds under t!e ules of Court and Code of 3rofessional esponsibility. ;as 2udge Es denial of t!e motion for in!ibition ell founded+ 18(A) Can a layer !o lac6s t!e number of units re#uired by t!e andatory Continuing Legal =ducation (CL=) Board continue to practice !is profession+ (B) ay a layer be !eld liable for damages by !is clients for t!e layers failure to file t!e necessary pleadings to prosecute t!e clients case and as a result of !ic! t!e client suffered damages+ (C) Can a layer still practice !is profession despite !aving arrears in !is Integrated Bar of t!e 3!ilippines (IB3) dues+ 1:.Atty. 1:.Atty. -alaar -alaar'' a la sc!ool sc!ool classm classmate ate'' approa approac!e c!ed d you on your your 1&t! Class eun eunio ion' n' it! it! #ues #uesti tion ons s on !o !o !e can can resu resume me t!e t!e prac practi tice ce of la la in t!e t!e 3!ilippines 3!ilippines.. e left t!e country in 1@>> after to (,) years of initial initial la practice' practice' and migrated to t!e nited -tates !ere !e as admitted to t!e practice of la in t!e -tate of Ne
9utline briefly t!e steps and t!e supporting legal reasons you ould state in your legal opinion on !at Atty. Atty. -alaar s!ould do to resume !is 3!ilippine practice.
1%."!e criminal case arising from t!e 31&/Billion 3eso por6 barrel scandal as raff raffle led d to -and -andig iganb anbay ayan an 2ust 2ustic ice e arc arcia iano no Coba Cobard rde. e. Afra Afraid id t!at t!at !e oul ould d antagonie t!e parties' !is political patrons and' ultimately' !is *udicial career' !e decided to in!ibit from participating in t!e case' giving Gpersonal reasonsG as !is *ustification.
If you ere to #uestion t!e in!ibition of -B 2ustice Cobarde' on !at legal basis' and !ere and !o ill you do t!is+
1>.After t!e pre/trial of a civil case for replevin' 2udge D advised Bs counsel to settle t!e case because according to 2udge D' !is initial assessment of t!e case s!os t!at Bs evidence is ea6.
(a) Did 2udge D commit commit an act of impropriety+ =7plain (b). ;!at remedy or remedies may be ta6en by Bs layer against 2udge D+ Discuss ully.
1?.Document a c!attel mortgage of a motor ve!icle.
1@.Draft an affidavit of desistance in a criminal case for acts of lasciviousness.
,&.3repare a complaint for e*ectment.
