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MCQ on Legal Ethics

1. Due to sour relationship between Atty. Masigasig and his driver Max, Max reported to theIBP that Atty. Masigasig, although single, has 3 common-law wives whom he visited on intervals.Decide whether Max may validly file a complaint before the IBP for proper disciplinary action

against Atty. Masigasig ?a. no. Max has no cause action against Atty. Masigasig for having 3 common-law

wivesb. no. Max is not the aggrieved party in that relationshipc. Yes. disciplinary action against a lawyer is sui generiesd. Yes, the good moral character of a lawyer is a continuing requirement. Hence, any

breach thereof is a ground for disciplinary action

1.1To depend Atty. Masigasig, the 3 common-law wives executes a joint affidavit stating that theyare not interested in prosecuting Atty. Masigasig and that they are happy and contented withtheir relationship. How would such affidavit be treated ?

a. as evidence to proved that Atty. Masigasig had not offended the 3 wivesb. as evidence to proved that their relationship was established under mutual consentc. as evidence of the existence of 3 common-law relationshipd. as a ground for the dismissal of the action against Atty. Masigasig

1.235 years old, single, Atty. X was retained by alta sociada matrona and widow Dona Maldita asher family counsel. Due to loads of paper works, the daughter of Dona Maldita, Melody, haveto visit the office of Atty. X to fetch the documents for signature of Dona Maldita. The constantmeeting of the two blossoms into a love affair which finally landed in a marriage ceremony inHongKong because Melody is under age under the family code and to avoid from DonaMalditas knowledge. The marriage was performed despite of the secret love affairs between

the lawyer and Dona Maldita. Comment on the actuation of Atty. Xa. it is an unethical conduct. Having a love affair with a mother and her daughter is notacceptable in the present society;

b. such conduct should not be tolerated. It is against the norm of an ordinary person, more so ofa lawyer

c. the act of the lawyer is proper and moral. He being single has the privilege to choose whowill be his partner in life

d. the act is morally upright. Both parties are single. And if there is an error, it is the age of thewoman which is waivable by herself and does not affect the actuation of Atty. X.

2. Judge Magpantay was designated by the SC as the RTC presiding judge. On May 5, 2010. hefiled a leave, which was approved, for he was summoned to attend a whole day investigation bythe senate in aid of legislation. Unfortunately, the investigation was deferred to May 10, 2010. andforgot to file a leave of absence when he appeared on that date. Decide.

a. he is considered absent from his post on May 10, 2010 due to failure to file a leaveb. he is considered on leave due to his approved leave on May 5, 2010c. he is considered absent on May 10, 2010 due to failure to report to workd. he is considered on leave on May 10, 2010 as an extension of his approved leave

3. Atty. X was hired by the DCWD as its private retained counsel for 1 year. In one case attendedby him in behalf of the DCWD, his opposing counsel move to expunged his pleadings on theground that he is a private practitioner. Decide.

a. the court should expunged his pleading because he is not authorized to represent theDCWD

b. the court should expunged his pleading because it was not signed by the solicitor generalc. his pleadings should not be expunged because he can validly represent the DCWD due to

the employment contract good for 1 year.d. his appearance as counsel is valid as a retained counsel of the DCWD

4. Finding that there was a probable cause, the prosecutor filed information before the court. Afterarraignment, the accused file a motion for suspension of the trial due to his appeal before theDOJ of the resolution of the prosecutor. The court suspended the trial and finally the DOJreversed the findings of the prosecutor and a motion to withdraw the case is filed and grantedwithout asserting on the judge whether there is a ground for dismissal. Hence, a witness for theprosecution is asking you whether he could file an administrative complaint against the judge?

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a. no. as witness, he has no lucos standi to file an administrative complaint in regards to thecase

b. no. as witness, he is not considered as party-in-interestc. yes. as witness or any person has the capacity to institute administrative complaint against

any employee of the judiciary to determine whether such employee breach the standardnorm

d. yes. as a witness, he can institute an administrative complaint against the judge. He is

affected by such actuation