2017 Legal and Judicial Ethics, Q1

A. Brando & Luzon Law Office had a retainer agreement with Gregory, a businessman with shady connections. Gregory was recently charged in the RTC in Manila with money laundering in relation to an illegal drugs syndicate using Cable Co., his holding company, as its money laundering conduit. The members of the Brando & Luzon Law Office assigned to handle Gregory’s account, including yourself, were implicated in the money laundering case for their role in the incorporation of Cable Co. and in the active management of its business affairs.
In a bid to fortify the case against Gregory and the others, the public prosecutor approaches you (as the least guilty person who will qualify for a discharge as a state witness) and offers to make you a state witness. Should you accept the offer? Explain your answer. (5%)
B. Under the facts of the preceding question, assume that you had resigned from the Brando & Luzon Law Office prior to the filing of the money laundering case against Gregory and the others, and that you were not implicated in the case. However, you had assisted in handling the Cobra Co. account during your time with the law firm. Cobra Co. was largely owned by Cable Co.
The public prosecutor handling the case against Gregory and the others asks you, as a former member of the Brando & Luzon Law Office, to help strengthen the case for the Government, and hints that you may be implicated in the case if you do not cooperate. What is your legal and ethical course of action? Explain your answer. (5%)

Quick check

Under Rule 130, Section 24(b), what is the general rule on attorney-client privilege regarding confidential communications?

Does a lawyer's duty to preserve client confidences and secrets terminate upon resignation from a law firm?

May an attorney accept an offer to be discharged as a state witness to testify against his client using privileged information?

What should a former associate lawyer do when threatened with indictment by a prosecutor unless he reveals client secrets?

Which ethical duty prohibits a lawyer from assisting the prosecution against a former client in a substantially related matter?

Learn more about these topics

1. Attorney-Client Privilege
Under Rule 130, Section 24(b) of the Rules of Court, an attorney cannot, without the consent of the client, be examined as to any communication made by the client to him, or his advice given thereon in the course of, or with a view to, professional employment. This privilege covers confidential information acquired by the attorney by reason of his professional employment. A lawyer cannot accept an offer to turn state witness against his own client regarding matters covered by the attorney-client privilege, as doing so constitutes a direct violation of law and professional duties.

2. Duty of Confidentiality
Under the Code of Professional Responsibility and Accountability, a lawyer has an indelible duty to preserve the confidences and secrets of his client. This obligation survives the termination of professional employment and continues even after the lawyer resigns from the law firm. A former associate cannot be compelled or induced by prosecutorial threats to reveal confidential information or assist in prosecuting a former client or its corporate affiliate without the express written consent of the client after full disclosure.

3. Conflict of Interest
A lawyer is strictly prohibited from representing conflicting interests or assisting an adverse party against a former client in a matter substantially related to the previous engagement. Assisting the prosecution to fortify a criminal case against a former client or its subsidiary violates the lawyer's duty of undivided loyalty and fidelity. Threats of criminal indictment by a public prosecutor do not justify or excuse a lawyer's breach of ethical duties or disclosure of privileged communications.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026