Legal & Judicial Ethics, 2010 Bar — Question VIII

ESSAY

For services to be rendered by Atty. Delmonico as counsel for Wag Yu in a case involving 5,000 square meters (sq. m.) of land, the two agreed on a success fee of P50,000 plus 500 sq. m. of the land. The trial court rendered judgment in favor of Wag Yu which became final and executory. After receiving P50,000, Atty. Delmonico demanded the transfer to him of the promised 500 sq. m. Instead of complying, Wag Yu filed an administrative complaint charging Atty. Delmonico with violation of the Code of Professional Responsibility and Article 1491(5) of the Civil Code for demanding the delivery of a portion of the land subject of litigation. Is Atty. Delmonico liable under the Code of Professional Responsibility and the Civil Code? Explain. (5%)

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