Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

While counsel is litigating title to a client's parcel, the client proposes an immediate transfer of present ownership of part of that disputed parcel to counsel. The arrangement is a present proprietary acquisition, not a fee contingent on a future recovery. Counsel argues that the client's willingness alone removes Section 51. Which answer is best?
  1. Willingness always overrides every prohibition
  2. A present transfer is never a proprietary interest
  3. The lawyer cannot justify the stated prohibited present acquisition solely by client willingness
  4. Every fee label makes property acquisition permissible
  5. The dispute ceases merely because counsel signs the deed

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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