Question B.14, 2019 Legal Ethics Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

B.14.

(Question B.14, Legal and Judicial Ethics, 2019 Bar Exam)

While driving on his way to court, Judge D personally witnessed a vehicular accident between a motorcycle and a car. Subsequently, a criminal case arising from said accident was raffled to his court.

Should Judge D inhibit from this case? Explain. (3%)

Suggested Answer:

Yes. Answer

Under the Code of Judicial Conduct, a judge should take no part in a proceeding where the judge’s impartiality might reasonably be questioned, such as where the judge has personal knowledge of disputed evidentiary facts concerning the proceeding. Rule

In the case at bar, Judge D has personal knowledge of the vehicular accident having witnessed it himself. Accordingly, he cannot be expected to be impartial. Apply

Thus, Judge D should inhibit from the case. 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

D. Appointments to the judiciary

Frequency: ★★★☆☆ 1. Qualifications a. Constitutional and statutory qualifcations In general. A Member of the Judiciary must be a person of proven competence, integrity, probity,

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

H. Anti-Torture Act of 2009

Frequency: ★★★☆☆ “Torture” – refers to an act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for

K. Anti-Wire Tapping Act

1. Crimes a. Illegal wire-tapping It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken

4. Retroactive effect of penal laws

Frequency: ★★★★☆ Penal Laws shall have a retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual criminal,

F. Family Home

1. WHAT CONSTITUTES A FAMILY HOME The family home, constituted jointly by the husband and the wife or by an unmarried head of a family,

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