Question 4, 2017 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor


(Question IV, Legal and Judicial Ethics, 2017 Bar Exam)

Atty. Jessa was the counsel for Mr. Nolan, a cantankerous millionaire, in the latter’s personal case. Soon after the case was submitted for decision, Mr. Nolan withdrew the files from Atty. Jessa and informed her that he was engaging another lawyer. On that same day, a copy of the decision in the case was received by Atty. Jessa but she did not do anything anymore with the decision. She did not also file a withdrawal of her appearance. Mr. Nolan’s new counsel did not file any notice of his appearance. By the time Mr. Nolan found out about the adverse decision, his period to appeal had lapsed.

Was the service of the decision on Atty. Jessa still effective? Explain your answer. (4%)

Suggested Answer:

Yes. Answer

Under jurisprudence, until the withdrawal of counsel shall have been approved by the court, the lawyer remains counsel of record who is expected by his clients, as well as by the court, to do what the interests of his clients require. S/he must still appear before the court to protect the interest of his/her clients by availing himself of the proper remedy, for the attorney-client relations are not terminated formally until there is a withdrawal of record. Rule

In the case at bar, Atty. Jesa did not file a withdrawal of counsel and thus she remained as counsel on record. She has to discharge her duties and responsibilities as the counsel-on-record until she is properly discharged via a withdrawal of record. Apply

Thus, the service of the decision on Atty. Jessa is still effective. 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.)



Political Law, Labor Law

C. Crimes against public order

Frequency: ★★★☆☆ CHAPTER 1: REBELLION, SEDITION AND DISLOYALTY 1. Rebellion or insurrection a. CONCEPT Article 134. Rebellion or insurrection; How committed. – The crime of

G. Anti-Plunder Act

Frequency: ★★★★★ “Public Officer” – means any person holding any public office in the Government of the Republic of the Philippines by virtue of an

E. Anti-Money Laundering Act of 2001

Frequency: ★★★★☆ “Covered Institution” refers to: 1) Banks, non-banks, quasi-banks, trust entities, and all other institutions and their subsidiaries and affiliates supervised or regulated by

G. Crimes against persons

Frequency: ★★★★☆ CHAPTER 1: DESTRUCTION OF LIFE SECTION 1 – PARRICIDE, MURDER, HOMICIDE 1. Parricide ELEMENTS: 1) A person is killed; 2) The deceased is

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)

J. Parental authority

1. GENERAL PROVISIONS Scope and extent of parental authority. Pursuant to the natural right and duty of parents over the person and property of their

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