Bar Subject: Legal and Judicial Ethics

What must a lawyer do upon discovering that his client offered false testimony in court under the CPRA?

• AUrge the client to rectify the false testimony before the court
• BImmediately file a criminal complaint for perjury against the client
• CPresent corroborating false evidence to support the client's story
• DRemain completely silent and treat the matter as an absolute confidence

Under the CPRA, a lawyer must first advise the client to rectify false testimony given in court.

What is a lawyer's duty if a client refuses to rectify perjured testimony given during trial?

• AInform the court of the falsity or move to withdraw as counsel
• BContinue active representation without addressing the false testimony
• CThreaten the client with physical restraint until the truth is admitted
• DRequest an automatic judgment on the pleadings from the trial court

If a client refuses to correct perjury, counsel must inform the court or withdraw from representation.

How does the duty of candor to the court interact with client confidentiality regarding active perjury?

• AThe duty of candor to the court supersedes the obligation of client confidentiality
• BClient confidentiality is absolute and prevents any disclosure of perjury to the court
• CThe duty of confidentiality requires counsel to destroy all physical evidence of perjury
• DCandor to the court applies only in administrative proceedings but not in civil actions

The duty of candor to the tribunal prevails over client confidentiality when active perjury occurs.

Which rule governs an attorney's ethical conduct when a client perpetrates fraud upon the court?

• ACode of Professional Responsibility and Accountability
• BRevised Rules on Summary Procedure in First Level Courts
• CRules of Procedure for Environmental Cases
• DCanons of Judicial Conduct for Administrative Judges

The Code of Professional Responsibility and Accountability sets the ethical duties of lawyers in Philippine courts.

Why is an attorney prohibited from knowingly allowing a client's perjured testimony to stand uncorrected?

• ABecause a lawyer is an officer of the court bound to assist in the administration of justice
• BBecause allowing false testimony automatically revokes the attorney's notary public commission
• CBecause the trial court judge will assess double damages against the law firm partnership
• DBecause civil procedure rules require unanimous consent of all trial co-counsel

As an officer of the court, a lawyer cannot allow false testimony to perpetrate fraud on the judicial process.

What is a fundamental requirement for the attorney-client privilege to apply under Rule 130 of the Rules on Evidence?

• AThe communication must be made to a lawyer acting in a professional legal capacity
• BThe communication must be recorded in writing and notarized by a notary public
• CThe lawyer must be receiving a fixed monthly legal retainer fee from the client
• DThe communication must take place inside a formal courtroom or law office setting

The privilege applies strictly to confidential communications made to an attorney in a professional legal capacity.

Why is information acquired by a lawyer acting as a Corporate Secretary not protected by attorney-client privilege?

• ABecause the information was received in an executive corporate capacity rather than as legal counsel
• BBecause corporate secretaries are legally prohibited from holding a valid license to practice law
• CBecause all corporate records are public documents open to inspection by any private citizen
• DBecause the privilege applies exclusively to criminal defense attorneys in capital offense cases

Attorney-client privilege does not protect disclosures made to a lawyer acting in a corporate officer capacity.

What is the legal effect of the crime-fraud exception on the attorney-client privilege?

• AIt removes privilege from communications made to facilitate an ongoing or future crime or fraud
• BIt automatically doubles the statutory monetary fines imposed on the corporate defendant
• CIt transfers the criminal prosecution from the Regional Trial Court to the Court of Tax Appeals
• DIt grants the corporate officer absolute immunity from all civil and criminal liabilities

Communications made in furtherance of a crime or fraud are excluded from attorney-client privilege protection.

How should a trial court resolve a motion to quash a subpoena issued to a corporate secretary regarding corporate bribery?

• ADeny the motion because information obtained as a corporate officer regarding bribery is not privileged
• BGrant the motion to quash because all communications to any bar member are strictly confidential
• CTransfer the motion to the Department of Labor and Employment for administrative arbitration
• DSuspend the civil proceedings until a final criminal conviction for treason is rendered

Disclosures of bribery made to a corporate officer are unprivileged, requiring denial of the motion to quash.

Under Rule 130, Section 24(b), who holds the legal right to claim or waive the attorney-client privilege?

• AThe client or the client's attorney on behalf of the client
• BThe presiding trial court judge ex officio
• CThe public prosecutor representing the government
• DThe clerk of court of the Regional Trial Court

The attorney-client privilege belongs to the client and may only be claimed or waived by the client or counsel on their behalf.

Which of the following is an indispensable continuing requirement for admission to the Philippine Bar under Rule 138 of the Rules of Court?

• AGood moral character
• BOwnership of real property
• CPrevious employment as a court legal researcher
• DPrior service in government agencies

Rule 138 mandates that applicants for admission to the Bar must possess and maintain good moral character.

What is the legal effect of a Bar applicant committing a hit-and-run after a vehicular accident?

• AIt serves as a ground for opposing the applicant's admission to the Bar based on lack of good moral character
• BIt automatically results in a lifetime prohibition from taking any government civil service examination
• CIt requires the immediate suspension of the law school dean where the applicant graduated
• DIt transfers the jurisdiction of the Bar examinations to the Regional Trial Court

Committing a hit-and-run demonstrates lawlessness and lack of good moral character, warranting an objection to Bar admission.

How does the Supreme Court view a Bar applicant who brags about judicial connections to intimidate a private citizen?

• AAs evidence of moral unfitness and disrespect for the integrity of the judicial system
• BAs an acceptable exercise of administrative privilege by prospective law practitioners
• CAs a mandatory requirement for exemption from taking the moral fitness interview
• DAs a valid defense against civil liability arising from a quasi-delict action

Bragging about judicial influence undermines public trust in the judiciary and shows moral unfitness to practice law.

Who has the ultimate authority to decide on objections to a candidate's admission to the practice of law in the Philippines?

• ASupreme Court of the Philippines
• BIntegrated Bar of the Philippines Board of Governors
• CLegal Education Board
• DRegional Trial Court of the place of residence

Under the Constitution, the Supreme Court holds exclusive authority over admission to the practice of law.

Under the Code of Professional Responsibility and Accountability, what standard of conduct is expected of law students reviewing for the Bar examinations?

• AThey must uphold the law and maintain high standards of morality and integrity
• BThey are exempt from civil liability for minor traffic violations committed during review
• CThey may exercise limited judicial authority over barangay conciliation proceedings
• DThey are immune from private administrative complaints prior to taking the oath

Bar applicants are held to high standards of morality and respect for the law even before formal admission to the Bar.

What ethical problem arises when a lawyer argues opposing legal theories on a critical issue before the same judge in separate cases?

• APositional conflict of interest violating the duty of undivided loyalty
• BUnlawful solicitation of legal business from prospective clients
• CBreach of the physician-patient privilege under evidence rules
• DViolation of the rule against champertous legal fee agreements

Arguing directly opposing legal positions on a critical issue before the same judge creates an impermissible positional conflict of interest.

Which rule of professional conduct governs a lawyer's representation of conflicting legal positions before the same tribunal?

• ACode of Professional Responsibility and Accountability
• BRules on Expedited Procedures in First Level Courts
• CRevised Rules on Summary Procedure in Special Proceedings
• DCanons of Judicial Conduct for Executive Judges

The Code of Professional Responsibility and Accountability regulates conflicts of interest and lawyer conduct in Philippine courts.

What is a potential consequence for an attorney who engages in an impermissible positional conflict of interest?

• ADisciplinary sanction such as suspension or disbarment and court disqualification
• BMandatory fine payable directly to the Integrated Bar of the Philippines board
• CAutomatic dismissal of both civil complaints with prejudice to refiling
• DConversion of the civil action into an administrative contempt proceeding

A lawyer who violates conflict of interest rules faces disciplinary action, including suspension or disbarment, and disqualification.

Why is arguing opposing sides of a critical legal issue before the same judge harmful to the clients?

• APrevailing for one client creates adverse judicial precedent against the other client
• BIt automatically doubles the filing fees required for both civil complaints
• CIt forces the trial judge to immediately recuse from all pending civil cases
• DIt transfers exclusive jurisdiction over both actions to the Supreme Court

Securing a favorable legal ruling for one client before the same judge establishes precedent that directly prejudices the second client.

What fundamental duty does a lawyer owe to every client under the rules of professional ethics?

• AUndivided loyalty, fidelity, and devotion to the client's cause
• BAbsolute immunity from civil damages arising from negligence
• CFree legal representation regardless of the client's financial capacity
• DGuarantee of a favorable final judgment in all litigated court cases

Lawyers owe undivided loyalty and fidelity to every client they represent.