Legal Ethics BQA 1990-2019 PDF

Title Legal Ethics BQA 1990-2019
Author Milio Malicay
Course Law Degree
Institution University of the Visayas
Pages 51
File Size 2.2 MB
File Type PDF
Total Downloads 12
Total Views 129

Summary

LEGAL ETHICS for Bar Law for Dummies ProgramARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him fo...


Description

FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019  

MAIN TOOL NO. 1 (8TH OF 8 BAR SUBJECTS)

ARRANGED AND SEQUENCED BASED ON THE MOST FREQUENTY ASKED TOPICS 1990 - 2019 BAR EXAMINATIONS

LEGAL ETHICS THE 2019 LEGAL ETHICS Bar Questions are not new. All are familiar topics. The challenge here is the preparation of legal forms. I included some forms for educational purposes. I suggest na mag-practice ng maraming beses magsulat ng mga legal and business forms and be minded na kasama na ang MCLE COMPLIANCE NO. sa Notary Public description. I have lifted guidelines on how to compose trial memorandum at judicial affidavit. Kailangan mag practice gumawa ng 2 legal forms na yan. Also, read the procedure ng Rules of E-Notary. May pandemya kaya most likely itatanong yan sa 2021Bar. Don’t belittle Legal Ethics just because 5% lang ito ng Bar Averaging. Ask those who got 73 and 74 percentages sa bar. THIS BAR REVIEW MATERIAL is composed of 242 pages. The sources used are UPLC, PALS, books with BQAs and other materials that can be found in the internet. I just have the patience to ARRANGE them based on the most asked topics from 1987 to 2019, and SEQUENCE them by year. Some answers were paraphrased to suit the ALAC format and some were found to be so informative in lecture type answer and better left out as they are. We are giving credits to the authors of those materials. KINLDY REFER BAR QUESTIONS AND ANSWERS TO YOUR COLLEAGUES PARA GOOD VIVES.

BAR QUESTIONS AND ANSWERS 1990-2019 LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES FIRST EDITION OCTOBER 25, 2020 MANILA, PHILIPPINES ALL RIGHTS RESERVED

The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction, modification and suggestion at barlawfordummies@gmailcom. Check out also our website www.barlawfordummies.com . For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595.



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FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019  

AVAILABLE TRAINING MATERIALS For those who failed more than twice in the bar, I suggest you read BAR LAW FOR DUMMIES (BLD2020) Training Materials on how to answer bar questions and spot the issue. I used Civil Law subjects to come up with the materials to “re-wire” the brain of the examinees, because it is the Page|2 foundation of all other bar subjects. BLD 2020 is also recommended for freshman students. Each BLD training materials is complete with jurisprudence, 20 years of bar questions and answers and annotation. BAR LAW FOR DUMMIES (BLD 2020) 1. PERSONS AND FAMILY RELATIONS 2. PROPERTY 3. SUCCESSION 4. OBLIGATION AND CONTRACTS 5. SPECAIL CONTRACTS TOPICAL BAR QUESTIONS AND ANSWERS 1. POLITICAL LAW 2. LABOR LAW 3. CIVIL LAW 4. TAXATION LAW 5. CRIMINAL LAW 6. COMMERCIAL/MERCANTILE LAW 7. REMEDIAL LAW 8. LEGAL ETHICS FORTHCOMING MATERIALS 1. TOP 20 MOST ASKED QUESTIONS AND 20 MOST DIFFICULT QUESTIONS OF LAW FOR EACH BAW LAW SUBJECT TO BE RELEASED ON OR BEFORE MARCH 2021. 2. VBLOG DISCUSSING THE 20 MOST DIFFICULT QUESTIONS OF LAW AT WWW.BARLAWFORDUMMIES.COM

The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction, barlawfordummies@gmailcom. Check out also our website modification and suggestion at www.barlawfordummies.com . For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595.



FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019  

HOW TO ANSWER BAR QUESTIONS Oftentimes, examinees, who have studied enough for the bar, answer lengthly, mga dalawang pages, tapos puro bura, one to two pages are all erased. It happened to me on the first day, fortunately, i passed that first two subjects. Mababa nga lang yung grade. So, how to answer bar questions in a precise and concise way. Use the ALAC pattern. Eventually, pag sanay na sanay na sanay na kayong mag answer in this format, you will develop a more coherent way. So, start muna tayo sa basic. A – your direct Answer L – state the Legal basis or bases A – Apply the law to the pertinent facts of the case C – Conclude A – your direct Answer Its either Yes, No or very seldom yung “Assuming”, Walang “It depends”. Sa mga BQA books maraming answer sila na nagstart sa “it depends”. Well, sila yun. They intend to lecture and give you a wide range of information kaya they lecture which is good. But answering for bar questions is very different. Dapat first sentence pa lang tama na agad ang answer. With all 8,000 booklets to check, the examiner would just glance at the first sentence, if tama ang answer, he would just look for the legal basis, then ok na. You would get Five (5) points. So dapat maigsi lang, at the first two sentences pa lang nadun na yung correct answer at legal basis dahil most likely yan na lang yung babasahin ng exminer. Pwede rin naman na hindi “yes or no” ang first word na gamitin mo. You can write a positive or negative statement like “ The RTC’s decision to annul the marriage is not proper”. That is a negative statement. “The RTC is correct”. That is a positive statement. If you want to be more emphatic, you can answer like this “Yes, the RTC is correct to annul the marriage” or “No, the RTC is not correct”. L – state the Legal basis or bases Here, you may start with the phrase “In Article 101 of the Revised Penal Code”, “In one of the decisions of the Supreme Court”, “In the annals of decision”, According to the Family Code”, “According to Section 10, Rule 100 of the Rules of Court”. Etc. Ayan, ganyan. You are now justifying your answer. Do you have state the whole law, provision or case number? Wag na. You know why? Alam na ng examiner ang batas, you don’t have to state every detail. Just state the “magic words”. Yung mga importante lang to justify your direct Answer. That is my general suggestion. Pero, if you are 100% sure of the case number, section or law, sige ilagay mo. The problem with that is paano if the examiner had different jurisrudence or law in mind. Di ba maraming jurisprudence na iisa lang naman ang basis? So, I suggest wag na lang. Bawas points din yan. Yung mga nag-fail sa bar, ang lagi nilang tanong ay “Paano ako bumagsak. Eh sure naman ako sa answer ko”. Yes, you are sure sa direct Answer but what about your legal basis. Ayan, ito na yung crux of contention. I talked to one passer of the 2005bar. That time sina-sauli pa ng SC ang mga answer booklet pero ngayon hindi na. So, the exminers ay talagang mapipilitang basahin lahat ng full answers. Kasi pwedeng mag compare ang mga examinees ng results, and contest if may lapses ang examiner in checking the answers. Ngayon hindi na, and your guess is as good as mine why? The guy came from “#notsunga” law school. He was so confident with his answers and even thought to top the bar hahahahah dyarannnn! 75%! Mali ang checking nito. So he aksed for the booklet and checked. Binasa niya ulit yung mga answers niya hahahah sabi niya ... Hahahah mali nga ako. Akala niya lang tama, pero mali. So yung mga challengers natin, if you happen to get your booklet, baka ganyan nga. Tama yung direct answer pero mali yung legal basis. Because A and L are the most important part of your answer, let us have an actual bar questions and answer. This time, maging emphatic muna tayo and we state the whole law para mabasa ninyo as part of your review. The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction, barlawfordummies@gmailcom. Check out also our website modification and suggestion at www.barlawfordummies.com . For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595.



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FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019   2018 BAR No. 1, Remedial Law Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle's property, which is located in Digos City, Davao del Sur, has an assessed value of PhP25,000. Appended to the complaint was Danielle's certification on non-forum shopping executed in Davao City duly notarized by Atty. Dane Danoza, a notary public. (a) Was there a need to refer the case to the Lupong Tagapamayapa for prior barangay conciliation before the court can take cognizance of the case? (2.5%) Paano mo ito babasahin? Read first the question. Why? Para alam mo na what to look for from the facts of he case. Para may automatic elimination ng mga unnecessary words at magfofocus ka na agad sa issue. Yan, that is how to spot the issue. So basahin ang question. Anong papasok sa kukote mo as you read the question? Local government code, rules on conciliation before Lupon Tagapayapa, cases and the exception to the rule, di ba? So, ayan...eh di naka-focus ka na agad sa issue. LCG, Section 408, paragraph F. The lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes, except: [f] disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon. Then, basahin mo na yung question and eliminate the non-pertinent facts. Danielle, a Filipino citizen and permanent resident of Milan, Italy, filed with the Regional Trial Court (RTC) of Davao City, where she owns a rest house, a complaint for ejectment against Dan, a resident of Barangay Daliao, Davao City. Danielle's property, which is located in Digos City, Davao del Sur, has an assessed value of PhP25,000. Appended to the complaint was Danielle's certification on non-forum shopping executed in Davao City duly notarized by Atty. Dane Danoza, a notary public. After mental elimination, the question would only be like this. Danielle, a resident of Milan, Italy, owns a resthouse in Digos City, filed an ejectment case against Dan, a resident of baranggay Daliao, Davao City. So, Danielle and Dan are not residents of one barangay unit nor their barangays are adjoined. The direct answer therefor is NO. Let us be emphatic muna for reading purposes. The answer could be any of the following. [1] No, there was no need to refer the case to the Lupong Tagapamyapa for prior barangay conciliation before the court can take cognizance of the case. According to Section 408, paragraph F, of the 1991 Local Government Code, the lupon of each barangay shall have authority to bring together the parties actually residing in the same city or municipality for amicable settlement of all disputes, except: [f] disputes involving parties who actually reside in barangays of different cities or municipalities, except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon.

[2] No, there is no need to refer the case to the Lupon Tagapamayapa for prior barangay conciliation. According to the 1991 Local Gocernment Code, disputes involving parties who actually resides in barangays of different cities or municipalities except where such barangay units adjoin each other and the parties thereto agree to submit their differences to amicable settlement by an appropriate lupon, are exempted from the pre-condition requirement of conciliation before filing of complaint in court.

The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction, barlawfordummies@gmailcom. Check out also our website modification and suggestion at www.barlawfordummies.com . For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595.



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FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019   [3] No. Disputes involving parties who reside in different barangay units located in different cities or municipalites except when the barangay units are adjoined and the parties agreed thereto to submit their differences for conciliation to an appropriate lupon are exempted from the pre-conciliatory condition before filing of complaint to court. O, IKAW NAMAN. Get a pice of paper. Write your empatic answer using number 1. Then, sanayin mo ng sanayin ang iyong sarili na mapaigsi ang answer without leaving the pertinent or magic words. Ypu can use the blank portion provided for your aswers. [1] ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ _________________________________________________________________________________________________ [2] ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ____________________________________________________________________________________ [3] ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ___________________________________________________________________________________________________________ ____________________________________________ Mas mahusay if you answer as a class or group then compare kayo ng answers kasi may mag students talaga na mahusay sa language. Remember hanggang A and L muna tayo ng ALAC. Dont anwer the A and C portion. So, get as many bar questions you can get, open your codals at magsanay ng magsanay ng sumagot sa A and L. Practice makes perfect. Practice, practice, practice. Stop muna, at mag practice. -------------xxx--------Now that you have perfected how to the A and L, lets go to A (the second A of ALAC). A – apply the law to the pertinent facts.

The ARRANGER is a humble partner to succeed in your quest for a law degree and to clinch the evasive “Attorney” title to your name. He believes that no one has the monopoly of knowledge so you may email him for any correction, barlawfordummies@gmailcom. Check out also our website modification and suggestion at www.barlawfordummies.com . For orders visit FB Page: Law Reviewers, Books and Bookstand for Sale/OR TEXT 09325293595.



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FROM Nth Time BAR CHALLENGER TO ATTORNEY

LEGAL ETHICS for Bar Law for Dummies Program ARRANGED BAR QUESTIONS AND ANSWERS 1990 TO 2019   Pertinent facts means facts in the question relevant to the legal basis. So sa question above, ang mga pertinente lang yung actual residence ni Danille and Dan. Danielle lives is Milan while Dan lives in Daliao, Davao City. Obviously, the dispute between the parties are one of the exceptions. So the answer for the A portion would be like this. HERE, Danielle is a permanent resident of Milan, Italy while Dan resides in Daliao, Davao City. They actually reside in different baranggay units of different cities or municipalities and neither the units are adjoined. IN THE CASE AT BAR, Danielle is a permanent resident of Milan, Italy while Dan resides in Daliao, Davao City. They actually reside in different baranggay units of different cities or municipalities and neither the units are adjoined. You may use phrases and words such as HERE, IN THE CASE AT BAR, o kahit wala na kung snay na sanay ka na. Danielle is a permanent resident of Milan, Italy while Dan resides in Daliao, Davao City. They actually reside in different baranggay units of different cities or municipalities and neither the units are adjoined. Ok let us combine ALA. No. Disputes involving parties who reside in different barangay units located in different cities or municipalites except when the barangay units are adjoined and the parties agreed thereto to submit their differences for conciliation to an appropriate lupon are exempted from the pre-conciliatory condition before filing of complaint to court. HERE, Danielle is a permanent resident of Milan, Italy while Dan resides in Daliao, Davao City. They actually reside in different baranggay units of different cities or municipalities and neither the units are adjoined. C – conclusion Sa C portion, for emphasis na lang ito. HENCE, the dispute can be filed directly in court. Totoo, dapat ganyan lang kaigsi. Kasi dadaanan lang yan ng mata ng examiner. Ang importante ay yung A (direct answer) at L (legal basis). Yung second A and C, dadaanan lang yan ng mata ng examiner kung tama na yung A and L. So, ang ating final answer ay.... No. Disputes involving parties who reside in different barangay units located in different cities or municipalites except when the barangay units are adjoined and the parties agreed thereto to submit their differences for conciliation to an appropriate lupon are exempted from the pre-conciliatory condition before filing of complaint to court. HERE, Danielle is a permanent resident of Milan, Italy, while Dan resides in Daliao, Davao City. They actually reside in different baranggay units of different cities or municipalities and neither the units are adjoined. HENCE, the dispute can be filed directly in court. Compare our answer sa suggested answer of UPLC. SUGGESTE...


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