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Philippine Bar review · Question

Practice question: Interest in Object of Litigation or Transaction (See also Civil Code, Art. 1491(5))

Multiple Choice Medium

Practice question

A lawyer professionally handles a transaction involving a specific property and seeks to acquire that property's proprietary interest during the engagement. The lawyer argues no lawsuit has been filed. Does that alone defeat the CPRA restriction?
  1. Yes, Section 51 requires a filed criminal case
  2. Yes, transactions are outside its text
  3. Yes, professional participation never matters
  4. Yes, every unfiled dispute permits acquisition
  5. No, Section 51 also covers the object of a transaction in which the lawyer takes part professionally

Legal references

  • CPRA Canon III, Section 51, A.M. No. 22-09-01-SC (issued text, PDF page25): https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
  • Civil Code, Article 1491(5): https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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