Question 11, 2018 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XI

(Question XI, Legal and Judicial Ethics, 2018 Bar Exam)

Atty. Claire Cortez, a member of the Philippine Bar who was also admitted to the New York Bar, was disbarred from the practice of law in New York for violation of Anti-Money Laundering laws of that State. She returned to the Philippines in order to resume her Philippine law practice.

Can she also be disbarred from practicing law in the Philippines for the same infraction committed in the foreign jurisdiction? (5%)

Suggested Answer:

Yes. Answer

Under the Rules of Court and jurisprudence, disbarment grounds in foreign jurisdictions may be adopted if they are also grounds for disbarment in the Philippines. Rule

In the case at bar, the act of violating a law is also a ground for disbarment in the Philippines as it may fall under malpractice. Apply

Thus, she can also be disbarred from practicing law in the Philippines. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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Subjects

Political Law, Labor Law

H. Diplomatic power

Frequency: ★★★★☆ | Probability: ★★★☆☆ President – as sole organ and authority in external relations. In our system of government, the President, being the head

G. Crimes against persons

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3. Interpretation of penal laws

Frequency: ★★★★☆ PRESUMPTION OF INNOCENCE: In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved. (Section 14[2], Article III, 1987

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