This questionnaire consists of eleven (11) questions contained in five (5) pages. Read each question very carefully. Answer legibly, clearly and concisely. Start each number on a separate page; an answer to a subquestion under the same number may be written continuously on the same page and on the immediately succeeding pages until completed. Do not repeat the question.
You will be given credit for your knowledge of legal doctrine and for the quality of your legal reasoning. A mere Yes or No answer without any corresponding discussion will not be given any credit.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.
Signed DANTE O. TINGA
2008 Bar Examination Committee
PLEASE CHECK THE NUMBER OF PAGES IN THIS SET
Christine was appointed counsel de oficio for Zuma, who was accused of raping his own daughter. Zuma pleaded not guilty but thereafter privately admitted to Christine that he did commit the crime charged.
In 1998, Acaramba, a telecommunications company, signed a retainer agreement with Bianca & Sophia Law Office (B & S) for the latters legal services for a fee of P2,000 a month. From 1998 to 2001, the only service actually performed by B & S for Acaramba was the review of a lease agreement and representation of Acaramba as a complainant in a bouncing checks case. Acaramba stopped paying retainer fees in 2002 and terminated its retainer agreement with B & S in 2005. In 2007, Temavous, another telecommunications company, requested B & S to act as its counsel in the following transactions: (a) the acquisition of Acaramba; and (b) the acquisition of Super-6, a company engaged in the power business.
In which transactions, if any, can Bianca & Sophia Law Office represent Temavous? Explain fully. (7%)
Dumbledore, a noted professor of commercial law, wrote an article on the subject of letters of credit which was published in the IBP Journal.
Chester asked Laarni to handle his claim to a sizeable parcel of land in Quezon City against a well-known property developer on a contingent fee basis. Laarni asked for 15% of the land that may be recovered or 15% of whatever monetary settlement that may be received from the property developer as her only fee contingent upon securing a favorable final judgment or compromise settlement. Chester signed the contingent fee agreement.
The vendor filed a case against the vendee for the annulment of the sale of a piece of land.
Atty. Abigail filed administrative cases before the Supreme Court against Judge Luis. Thereafter, Atty. Abigail filed a Motion for Inhibition praying that Judge Luis inhibit himself from trying, hearing or in any manner acting on all cases, civil and criminal, in which Atty. Abigail is involved and handling.
Should Judge Luis inhibit himself as prayed for by Atty. Abigail? Explain fully. (6%)
In need of legal services, Niko secured an appointment to meet with Atty. Henry of Henry & Meyer Law Offices. During the meeting, Niko divulged highly private information to Atty. Henry, believing that the lawyer would keep the confidentiality of the information. Subsequently, Niko was shocked when he learned that Atty. Henry had shared the confidential information with his law partner, Atty. Meyer, and their common friend, private practitioner Atty. Canonigo. When confronted, Atty. Henry replied that Niko never signed any confidentiality agreement, and that he shared the information with the two lawyers to secure affirmance of his legal opinion on Nikos problem. Did Atty. Henry violate any rule of ethics? Explain fully. (7%)
State, with a brief explanation, whether the lawyer concerned may be sanctioned for the conduct stated below.
State, with a brief explanation, whether the judge concerned may be sanctioned for the conduct stated below.
Ian Alba owns a house and lot at No. 9 West Aguila, Green Cross Subdivision, Quezon City, which he leased to Jun Miranda for a term of two years starting May 1, 2006, at a monthly rental of P50,000. Jun defaulted in the payments of his rentals for six (6) months, from January 1, 2007 to June 30, 2007.
Draft a complete deed of donation of a piece of land in accordance with the form prescribed by the Civil Code. (8%)