2013 (Legal Ethics) Bar Exam Questions: Essay Question 7

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VII.

In an action to prevent the condominium developer from building beyond ten (10) floors, Judge Cerdo rendered judgment in favor of the defendant developer. The judgment became final after the plaintiffs failed to appeal on time. Judge Cerdo and Atty. Cocodrilo, counsel for the developer, thereafter separately purchased a condominium unit each from the developer.

Did Judge Cerdo and Atty. Cocodrilo commit any act of impropriety or violate any law for which they should be held liable or sanctioned? (8%)

6 comments

  1. Judge Cerdo and Atty. Cocodrilo violated Art. 1491(5) of the Civil Code under the Law on Sales when they purchased property subject of litigation (units in the condominium).

  2. Sagot ko is that the lawyer did not violate any law because there was no longer any litigation however the judge commited an act of impropriety because the prohibition on judges is absolute under the law. a judge would invite suspicion of bias/impropriety if he renders a decision in favor of a plaintiff and subsequently acquires an interest over the property subject of litigation. Unlike a lawyer a judge adheres to a stricter code of canons because they must uphold and interpret the law and at all times remain unbiased or appear unbiased. (Hula lang sagot ko ha)

      1. Yung sa lawyer kasi alam ko may case yun, ramos ata yun. Yung judge wala pa pero naisip ko lang magkaiba ang canons eh so sabi ko mas strict siguro ang rules pag judges. Although di ko na maisip ang legal basis ko.

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