2020/21 Bar Q. - During work, an overseas Filipino seafarer was seriously injured after falling into the elevator shaft of a foreign vessel. After initial treatment in Singapore, the seafarer was flown to the Philippines to continue medical treatment. While the seafarer was confined in a hospital, two paralegals representing a lawyer approached the seafarer offering that lawyer’s services at a significantly discounted rate. They explained that they could sue the employer for indemnity and added that the lawyer had a good track record at the National Labor Relations Commission. The paralegals even bragged about the lawyer’s connections at the Supreme Court. The seafarer agreed to engage the lawyer’s services. The employer proposed to settle the case out of court and eventually paid Php5,000,000.00 The employer deposited this amount in the lawyer’s bank account. The lawyer tried to remit Php1,000,000.00 to the seafarer, making it appear that the settlement was only for that amount. The seafarer refused to accept the amount of Php1,000,000, as no prior approval had been given to the lawyer to settle the case. The seafarer filed a complaint before the Supreme Court for the lawyer’s disbarment. Which of the following legal bases under the Code of Professional Responsibility and Accountability (CPRA) supports the seafarer’s complaint?
2020/21 Bar Q. - The lawyer of an accused filed a motion to inhibit, alleging as ground that the judge was the cousin of the private complainant, which is within the fourth degree of consanguinity. Should the judge inhibit?
2023 Bar Q. - Kiko engaged the services of Atty. Benito for an ejectment case against illegal settlers occupying his property in Caloocan City. After one of their hearings, Kiko hurriedly walked to his car. When Atty. Benito asked him where he was headed, Kiko responded, “Uwi na ako, Attorney! Galit si misis kasi nakalimutan ko anniversary namin.” At that time, the marriage of Kiko was on the rocks. Kiko eventually won the ejectment case against the illegal settlers, which also marked the termination of his retainership agreement with Atty. Benito. A few months later, Kiko received summons in a petition for declaration of nullity of marriage filed by his wife, Nena, through her counsel, Atty. Benito, who signed the petition. Is Atty. Benito guilty of representing conflicting interests?
2023 Bar Q. - Romy filed an administrative complaint against Judge Ferdie with the Office of the Ombudsman in relation to the Bribery he allegedly committed as a Presiding Judge of a Regional Trial Court. After investigation, the Ombudsman found him guilty of Grave Misconduct and imposed the penalty of dismissal from service. May the Ombudsman dismiss Judge Ferdie?
2024 Bar Q. - Francis, through Atty. Kyle, charged Madam Toyoh with violation of Presidential Decree No. 1612 (Anti-Fencing Law). Madam Toyoh hired Atty. Caleb as counsel and confessed to him that she is guilty. Atty. Caleb promised Madam Toyoh that he will do anything to prove her innocence. He then directly negotiated with Francis, without informing Atty. Kyle, resulting in a compromise agreement that contained unfair provisions. Atty. Kyle filed an administrative complaint against Atty. Caleb for impropriety. Atty. Caleb argued that lawyers are ethically mandated to encourage settlement and that the compromise benefited both parties. Did Atty. Caleb violate the Code of Professional Responsibility and Accountability?
2024 Bar Q. - Atty. Diwata, a suspended lawyer, created a professional social media page and maintained poser accounts which she used across various platforms. During her livestream, she spread fake news that the Court’s Strategic Plan for Judicial Innovations 2022-2027 failed to achieve its major target outcomes and had prejudiced the legal profession. She also launched a social media campaign against the Code of Professional Responsibility and Accountability (CPRA), claiming that it is an ex post facto law because its provisions are given retroactive effect. May the Supreme Court discipline Atty. Diwata for her social media activities?
2024 Bar Q. - Atty. Cassandra, a solo legal practitioner, hired Sandro as a legal researcher. She had an appeal brief due on September 25, 2024. However, she contracted monkeypox and suffered high fever, severe headache, and muscle fatigue. She then instructed Sandro to finish the appeal brief, affix her signature, and file the pleading with the Court of Appeals. Did Atty. Cassandra commit a violation under the Code of Professional Responsibility and Accountability?
2020/21 Bar Q. - A known tax lawyer in Iloilo became a member of the Integrated Bar of the Philippines in 1974. This lawyer later migrated to the United States and became an American citizen in 1989. In 2006, the lawyer reacquired their Philippine citizenship by taking the oath of allegiance as a Filipino citizen before the Philippine consulate in Washington, DC in the United States. The lawyer now intends to return to Iloilo and resume legal practice. Which of the following statements is correct?
2020/21 Bar Q. - While attending a wedding, a lawyer got to dance with and talk to another guest who ended up sharing details of their marital problems. When asked by the guest, the lawyer explained the distinctions among legal separation, annulment, declaration of nullity, and divorce. The lawyer went on to not only extend advice, but even to map out a strategy on how the guest’s marital woes could be addressed. At the end of the conversation, the lawyer and the guest agreed to meet at a later time to continue their discussion. After the dance, the lawyer returned to their seat and shared with their best fried the guest’s marital problems. Did the lawyer breach attorney-client privilege?