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TitleLegal and Judicial Ethics Mock Bar Q A
TagsJudiciaries Lawyer Practice Of Law Notary Public Legal Education
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11. Give your comment on the propriety of the acts of the municipal judge who
prepared and notarized the following documents: (5 points each,20% )

a. A deed of absolute sale executed by two of his friends;
i. This will only be allowed if there is no notary public commissioned

in the territorial jurisdiction of the municipal judge. Provided:
1. The money paid for the notarial services goes directly to

the municipality, duly receipted by the municipal treasurer
2. There must be a certification in the document notarized

that there is no notary public commissioned within the
territorial jurisdiction of the municipal judge.

b. An extrajudicial settlement of estate of his cousins;
i. This will only be allowed if there is no notary public commissioned

in the territorial jurisdiction of the municipal judge. Provided:
1. The money paid for the notarial services goes directly to

the municipality, duly receipted by the municipal treasurer;
2. There must be a certification in the document notarized

that there is no notary public commissioned within the
territorial jurisdiction of the municipal judge.

c. A memorandum of agreement between a building contractor and a neighboring
municipality;

i. Could be performed by the judge ex officio, as part of his
functions provided there is no notary public commissioned within
his territorial jurisdiction.

d. A memorandum of agreement between another private contractor and the
municipal where he sits as judge.

i. Could be performed by the judge ex officio, as part of his
functions provided there is no notary public commissioned within
his territorial jurisdiction

12. Define Gross Misconduct. How is it classified as an administrative offense
under the Rules of Court? (10%).

ANSWER: Grave misconduct is the transgression of some established
or definite rule of action, more particularly, unlawful behavior or gross ignorance.

- Under section 8(3), Rule 140 of the Revised Rules of Court, as amended, gross
misconduct is classified as a serious administrative offense punishable by any of the
sanctions enumerated in Section 11 of the same Rule i.e.

a. dismissal from the service, forfeiture of all or part of the benefits as the
Court may determine and disqualification from reinstatement or appointment to any

Suggested Answers in Legal and Judicial Ethics Mock Bar for Jurists Bar Review Center by Prof. Erickson Balmes
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public office, including government owned or controlled corporation. Provided, however,
that the forfeiture of benefits shall in no case include accrued leave benefits;

b. Suspension from office without salary and other benefits for more than
three (3) but not exceeding six (6) months;

c. A fine of more than P 20,000.00 but not exceeding P 40,000.00 (John
Siy Lim v. Judge Antonio Fineza, A.M. RTJ-02-1705, May 5, 2003, Sandoval
Gutierrez).

13. Upon being replaced by Justice C, Atty. B, the former counsel of the
parents of the victims of the OZNE disco tragedy, was directed to forward all the
documents in his possession to Justice C. Atty. B refused, demanding full
compensation pursuant to their written contract. Sensing that a favorable judgment was
forthcoming, Atty. B filed a motion in court relative to his attorney’s fees, furnishing his
former clients with copies thereof. IS Atty. B legally and ethically correct in refusing to
turn over the documents and in filing the motion? Explain. (10%).

ANSWER: Atty. B. is not correct, while his right to a retaining lien is
recognized under the law, such right does not allow him to retain all the documents of
his clients in his possession. He is duty bound to cooperate and assist the counsel who
replaced him by forwarding to the latter documents and records needed to familiarize
himself with the facts of the case. The right of Atty. B to his unpaid attorney’s fees can
protected by other means such as the recording of a charging lien.

14. In a civil case, the defendant discovered that the counsel for the plaintiff
used to be a member of the Judicial and Bar Council during whose time the Judge
presiding over the case was appointed and confirmed. He filed a 'Motion to Inhibit the
Judge' on the ground that the latter's ability to act independently and judiciously had
been compromised and seriously impaired because of his 'utang na loob" to the
plaintiff’s counsel.If you were the Judge, how would you rule on the Motion? (10%)

ANSWER: The motion should be denied, the Judicial and Bar Council works
as a committee and the vote of a single person does not make an applicant to the
judiciary a judge. Further the appointing authority is not vested with the JBC but with the
Office of the President.

15. State the Sub-Judice Rule. Explain the rationale behind our observance in
this jurisdiction of this rule? (5%)

Suggested Answers in Legal and Judicial Ethics Mock Bar for Jurists Bar Review Center by Prof. Erickson Balmes
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ANSWER: Judges and lawyers are prohibited from making comments in public
regarding a case deemed submitted for resolution to avoid a trial by publicity.

16. Enumerate at least 3 exemptions under Bar Matter 850 (5%)

ANSWER:
The following are exempted from the MCLE requirement:
a. The Executive
1. The President, Vice-President of the Philippines, and the Secretaries and
Undersecretaries of the Executive Departments of the Philippine Government;
2. The Chief State Counsel, Chief State Prosecutor, and Assistant Secretaries of
the Department of Justice;
3. The Solicitor General and the Assistant Solicitors General;
4. The Government Corporate Counsel, Deputy and Assistant Government
Corporate Counsel;
5. Heads of government agencies exercising quasi-judicial functions;
b. The Legislative
Senators and Members of the House of Representatives;
c. The Judiciary
The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the Judiciary, incumbent members of the Judicial and Bar Council, and
incumbent court lawyers covered by the Philippine Judicial Academy program of
continuing judicial education;
d. The Constitutional Bodies
1. The Chairmen and Members of the Constitutional Commissions;
2. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsman and
the Special Prosecutor of the Office of the Ombudsman.
e. Law Schools/Academe
1. Incumbent deans, bar reviewers and professors of law who have had teaching
experience for at least ten (10) years in accredited law schools;
2. The Chancellor, Vice-Chancellor and members of the Corps of Professors and
Professional Lecturers of the Philippine Judicial Academy;
f. Local Government

Governors and mayors;
g. Non-Practicing Lawyers
1. Lawyers who are not in practice, whether private or public; and
2. Those who have retired from law practice with the approval of the IBP Board of
Governors.

17. May a judge be disciplined by the Supreme Court based solely on a
complaint filed by the complainant and the answer of respondent Judge? If so, under
what circumstances? What is the rationale behind this power of the Supreme Court?
(10%)

ANSWER: Yes, under the principle of res ipsa loquitor, things speak for itself,
the power of the Supreme Court to discipline judges is all encompassing and absolute.

Suggested Answers in Legal and Judicial Ethics Mock Bar for Jurists Bar Review Center by Prof. Erickson Balmes
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