Question 12, 2018 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor


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

From February to November 2004, Atty. Calumpang, in fraudulent connivance with brokers, convinced Corinna to deliver to him advance money for the titling of a beachfront property in Caramoan. Six (6) months had elapsed and Atty. Calumpang had made absolutely no progress in the titling of the land. He also could not return the advance money paid by Corinna because he had converted the money to his personal use. After almost a decade, and the property could still not be titled in Corinna’s name, she filed an action with the Commission on Bar Discipline (CBD) in 2014 for deceit, malpractice, and conduct unbecoming of a member of the Bar. In his defense, Atty. Calumpang asserted that, since the acts complained of took place more than 10 years ago, the case had already prescribed.

Rule on the defense of Atty. Calumpang. (5%)

Suggested Answer:

Atty. Calumpang’s defense is not valid. Answer

Under jurisprudence, administrative cases against lawyers do not prescribe. Rule

In the case at bar, the fact that the acts of complained of took place more than 10 years ago does not affect the administrative case against Atty. Calumpang since it is imprescriptible. Apply

Thus, the defense of Atty. Calumpang is not valid. 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



Political Law, Labor Law

F. Process of law-making

Frequency: ★★★★☆ 1. House of Representatives a. Rules ORIGIN OF BILLS RULE: GENERAL RULE: All appropriation, revenue or tariff bills, bills authorizing increase of the

B. Powers, functions, and jurisdiction

Frequency: ★★★★☆ 1. Civil Service Commission (CSC) Civil Service. The Civil Service shall be administered by the Civil Service Commission. (Section 1[1], Part B, Article

Question B.16, 2019 Political Law Bar Exam

B.16. (Question B.16, Political Law, 2019 Bar Exam) Under the 1987 Constitution, to whom does each duty/power/privilege/prohibition/disqualification apply: (a) The authority to keep the general

B. Privileges, inhibitions, and disqualifications

Frequency: ★★★★★ | Probability: ★★★★☆ 1. Privileges a. Presidential immunity Concurrent with incumbency. The presidential immunity from suit exists only in concurrence with the president’s

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

I. Crimes against property

Frequency: ★★★★★ CHAPTER 1: ROBBERY IN GENERAL ELEMENTS – ROBBERY IN GENERAL: 1) There is taking of personal property; 2) The personal property belongs to

4. Penalties

Frequency: ★★☆☆☆ a. Imposable penalties No felony shall be punishable by any penalty not prescribed by law prior to its commission. (Article 21, Ibid.) 1)

L. Crimes against honor

Frequency: ★★★★★ GENERAL PROVISIONS 1) Persons responsible Any person who shall publish, exhibit, or cause the publication or exhibition of any defamation in writing or

error: Content is protected.