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San Beda College College of Law Problem Areas in Legal Ethics
San Beda College College of Law Problem Areas in Legal Ethics
COLLEGE OF LAW
1. Concept
a) Privilege
b) Profession, not business
2. Qualifications
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11. Cayetano vs. Monsod, GR No. 100113, September 3, 1991
12. Cruz vs Atty. Cabrera, AC No. 5737, October 25, 2004
13. Ruthie Lim-Santiago vs Atty. Carlos B. Sagucio, AC No. 6705, March
31, 2006
g) Citizenship Requirement
18. Petition for Leave to Resume Practice of Law, B.M. 1678, December
17, 2007
*1987 Philippine Constitution, Art. 12, par 1
3. Appearance of non-lawyers
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing
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5. Public officials and practice of law
7. Lawyer’s oath
Rule 1.02 – Duty to Obey the Laws and to Support the Legal System
22. Donton vs. Dr. Tansingco, AC No. 6057, June 27, 200625.
23. Velez vs. Atty. De Vera, AC No. 6697, July 25, 2006
Rule 1.03 – Duty against Barratry and Duty Not to Delay Any Man’s Cause
24. Linsangan vs. Atty. Tolentino, AC No. 6672, September 4, 2009
25. Atty. Vitriolo et al vs Atty Dasig, AC No. 4984, April 01, 2003
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Rule 2.01 – Duty to the Defenseless and the Oppressed
Rule 2.02 – Duty to Give Legal Advise on the right of the Defenseless and the
Oppressed
27. Santiago vs. Atty. Rafanan, AC No. 6252, October 5, 2004
28. Atty. Khan Jr. vs Atty. Simbillo AC No. 5299, August 19, 2003
Rule 3.03 – Duty of a Law Partner to Withdraw from the Firm when he
accepts Public Office
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vi. Canon 6 – The same duties apply to lawyers in government service
32. Diana Ramos vs. Atty. Jose R. Imbang, AC No. 6788, August23, 2007.
33. Gisela Huyssen vs Atty. Fred L. Gutierrez, AC No. 6707, March 24,
2006
34. Ruthie Lim-Santiago vs Atty. Carlos B. Sagucio AC No. 6705, March
31, 2006
Rule 7.02 – Duty to Support only those qualified to be admitted to the Bar
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c) COURTESY, FAIRNESS AND CANDOR TOWARDS PROFESSIONAL
COLLEAGUES
Rule 9.01 – Duty to keep a Lawyer’s work limited to lawyers of good standing
42. PP vs. Hon. Maceda, GR No. 89591-96, January 24, 2000
43. Zeta vs. Malinao, AM No. P-220, December 20, 197839
44. Tan and Pagayokan vs. Balajadia, GR No. 169517, March 14,2006
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49. Garvoda vs. Sales, Jr. G.R. No. 124893, April 18, 1997
50. Re: Suspension of Atty. Rogelio Bagabuyo, A.C. No. 006, October 9,
2007
51. Tiongco vs. Aguilar, G.R. No. 115932, January 25, 1995
Rule 11.01 – Duty to be properly attired
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d) RELIANCE ON MERITS OF HIS CAUSE AND AVOIDANCE OF ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE OR GIVES THE
APPEARANCE OF INFLUENCE UPON THE COURTS
Confidentiality rule
Privileged communications
Conflict of interest
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Candid and honest advice to clients
Compliance with laws
Concurrent practice of another profession
59. Paz vs. Sanchez, A.C. No. 6125, September 19, 2006
60. Gamilla et.al. vs. Mariño, Jr., A.C. No. 4763, March 20, 2003
61. Pasay Law and Conscience Union, Inc. Vs. Paz, 95 SCRA 24
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d) FIDELITY TO CLIENT’S CAUSE
62. Ramos vs. Imbang, A.C. No. 6788, August 23, 2007
Adequate protection
(ii) Negligence
(iii) Collaborating counsel
(iv) Duty to apprise client
vi. Canon 19 – Duty to serve only within the bounds of the Law
63. Peña vs. Aparicio, A.C. No. 7298, June 25, 2007
64. Rivera vs. Corral, A.C. No. 3548, July 4, 2002
Rule 19.01 – Duty to serve only thru fair and honest means
Rule 19.02 – Duty not to condone a client’s fraud
Rule 19.03 – Duty to take the lead in handling a case
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g) ATTORNEY’S FEES
Acceptance fees
Contingency fee arrangements
Attorney’s liens
Fees and controversies with clients
Concepts of attorney’s fees
Ordinary concept
Extraordinary concept
65. Retuya vs. Gorduiz, A.C. No. 1388, March 28, 1980
Rule 20.01 – Duty to comply with the guidelines in determining lawyer’s fees
Rule 20.02 – Duty to divide fees in proportion to work done
Rule 20.03 – Duty not to accept any compensation in relation to a client’s
case except from the client himself
Rule 20.04 – Duty to avoid disputes with client over fees
Rule 21.01 – Duty not to reveal the client’s secrets except when allowed by
the Rule
Rule 21.02 – Duty not to misuse information acquired from a client
Rule 21.03 – Duty to obtain the written consent of the client prior to
disbursement of a certain information
Rule 21.04 – Duty not to disclose information to members of the firm when
prohibited by the client
Rule 21.05 – Duty to prevent leakages of client’s confidences and secrets
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Rule 21.06 – Duty to prevent indiscreet conversations about a client’s affairs
Rule 21.07 – Duty not to reveal the fact of consultation
i) WITHDRAWAL OF SERVICES
ix. Canon 22 – Duty to Withdraw legal services only for good cause and upon
notice
Rule 22.01 – Duty to withdraw legal services only when allowed by the Rule
Rule 22.02 – Duty to effect an orderly turn-over after withdrawal or discharge.
OF COURT)
a) Sui generis
b) Prescription
2. Grounds
3. Proceedings
4. Discipline of Filipino lawyers practicing abroad
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
6. Bar Matter 2012, Rule on Mandatory Legal Aid Service
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1. Qualifications of notary public
2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization 6. Revocation of
commission
6. Competent evidence of identity
7. Sanctions
A. SOURCES
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial Conduct
B. Qualities
1. Independence
2. Integrity
3. Impartiality
h) OCA vs. Judge Floro, A.M. No. RTJ-99-1460, March 31, 2006
i) Hilado vs. Judge Reyes, A.M. No. 163155, July 21, 2006
j) Santos vs. Judge Lacurom, A.M. No. RTJ-04-1823, August 28, 2006
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4. Propriety
5. Equality
a) Impeachment
b) Ethical Lessons from Former Chief Justice Corona’s Impeachment
2. Lower court judges and justices of the Court of Appeals and Sandiganbayan
(Rule 140)
3. Grounds
4. Impeachment (ethical aspects)
5. Sanctions imposed by the Supreme Court on erring members of the Judiciary
1. Compulsory
2. Voluntary
F. Court Records and General Duties of Clerks and Stenographer (Rule 136)
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G. Legal Fees (Rule 141)
1. Manner of payment
2. Fees in lien
3. Persons authorized to collect legal fees
H. Costs
a) Prevailing party
b) Dismissed appeal or action
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness
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