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  • SYLLABUS Ethics

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    The document discusses the legal and regulatory framework for the practice of law in the Philippines. It covers topics such as the constitutional basis for supervision of the legal profession, the role of the Integrated Bar of the Philippines, requirements for admission to the bar, the duties and code of professional responsibility for lawyers, and exceptions that allow non-lawyers to represent parties in certain cases. The document provides an overview of the key definitions, concepts, and authorities that govern the legal profession in the Philippines.

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    The document discusses the legal and regulatory framework for the practice of law in the Philippines. It covers topics such as the constitutional basis for supervision of the legal profession, the role of the Integrated Bar of the Philippines, requirements for admission to the bar, the duties and code of professional responsibility for lawyers, and exceptions that allow non-lawyers to represent parties in certain cases. The document provides an overview of the key definitions, concepts, and authorities that govern the legal profession in the Philippines.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    70 views2 pages

    SYLLABUS Ethics

    Uploaded by

    Metten Metten
    The document discusses the legal and regulatory framework for the practice of law in the Philippines. It covers topics such as the constitutional basis for supervision of the legal profession, the role of the Integrated Bar of the Philippines, requirements for admission to the bar, the duties and code of professional responsibility for lawyers, and exceptions that allow non-lawyers to represent parties in certain cases. The document provides an overview of the key definitions, concepts, and authorities that govern the legal profession in the Philippines.

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    of 2

    BASIC LEGAL ETHICS -IBP when constituted as a body

    corporate
    SUPERVISION AND CONTROL OF -Honorary positions
    THE LEGAL PROFESSION -Voluntary bar associations
    -Effectivity of Rule 139-V
    -Constitutional Basis -membership is mandatory
    -Regulatory Powers (In re: Edillion 101 SCRA 612)
    -investigating arm of the Supreme
     Legal Ethics- Definition Court in the investigation of
     Legal Ethics, as a prescribed disbarment cases
    subject
     Significance of Legal Ethics ADMISSION TO THE PRACTICE OF
     Original basis of Legal Ethics LAW
     Bar and Bench
    READ: (Garcia vs. De Vera 418  Power to admit to practice,
    SCRA 27) vested in Supreme Court
     Bar admission  SECTION 5 Article VIII
    of the 1987 Constitution
    DEFINITION OF TERMS  Basic requirement for
    candidates
    1. Lawyer o Section 2, Rule 138, RRC
    2. Trial lawyer o Rule 138, Sections 5 and
    3. Practising lawyer 6, RRC
    READ: (Cayetano vs. Monsod 201  Requirements before a
    SCRA 210) candidate can practice law
    4. Client o Rule 132, Section 18
    5. Attorneys-at-law RRC
    READ: (Cui vs. Cui 120 Phil 729)  Disqualification to take the
    (Alawi vs. Alauya 268 SCRA 639) bar examinations
    (In re Garcia 2 SCRA 985) o READ: In Re: Meiling
    6. Attorney-in-fact 431 SCRA 1146
    7. Counsel de officio o In Re: Ramon Galang 66
    8. Attorney ad hoc SCRA 282
    9. Attorney of record  While practice of law is a
    READ: (De leon vs. Court of privilege, it has also the
    Appeals) nature of a right
    10.Lead Counsel o READ: Borja Sr. Sulyao
    11.Amicus Curiae Inc. 399 SCRA
    12.Amicus Curiae Par Excellence o Lim-Santiago v. Sagucio
    13. Bar Association 486 SCRA 24
    o Uy vs. Gonzales, 426
    INTEGRATED BAR OF THE SCRA 422
    PHILIPPINES o In re: Authority to
    continue to use the Firm
    -Integration of the Bar name Ozaeta, Romulo
    o (Letter of Atty. Cecilio Y. etc. 92 SCRA 1
    Arevalo Jr. 458 SCRA 209) o Marcos vs. Concordia vs.
    -General objectives of the IBP Chief of Staff 89 Phil
    -Membership in the IBP 246
    Chapter
    o (d: Garcia vs. De Vera 418 WHO ARE ENTITLED TO PRACTICE
    SCRA 27) LAW
    -Membership in the IBP Chapter READ:
    o READ :(Santos vs. Llana 322  Ulep vs. Legal Clinic Inc. 223
    SCRA 529) SCRA 378
    -Retirement in the IBP  In re: David 93 Phil 461
    o READ: (In re Atty. Jose  PLA vs. Agrava 105 Phil 173
    Principe, Bar Matter No, 543,  Mercado etc. vs. De Vera
    September 20, 1990) 371 SCRA 251
     Cayetano vs. Monsod 201
    SCRA 210 -Supreme Court Not predisposed to
     Canlas vs. CA 164 SCRA 160 grant full independence to the IBP
     Metropolitan vs. CA 181
    SCRA 377 -Code of Professional Responsibility
     Melendrez vs. Decena 176 is binding on all Lawyers.
    SCRA 662
    DUTIES OF ATTORNEYS UNDER
    -Practice of law, concept THE REVISED RULES OF COURT
    -General Coverage of practice of Law
    -Nature of the Position of an
    NON LAWYERS WHO ARE Attorney as An official of the Court
    AUTHORIZED TO APPEAR IN -Nature of the Legal Profession
    COURT
    CODE OF PROFESSIONAL
    Rule 138-A (Law Student Practice RESPONSIBILITY
    Rule)
    DUTIES AND RESPONSIBILITIES OF
     Punishment for persons who A LAWYER
    pretend to be lawyers
     Disbarred or suspended -In General
    lawyer had no more authority
    to appear in court as a lawyer I. LAWYER AND SOCIETY
    READ: (Amadeo Balon Jr. 414
    SCRA 511) Lawyer’s oath is a Sacred Trust, not
    (In re: David Adm. Case L-98, a mere Ceremony
    93 Phil 461 (1958)
    -Significance of Lawyers Oath
    PUBLIC OFFICIAL WHO CANNOT
    PRACTICE LAW IN PHILIPPINES READ: Businos vs. Ricafort 283
    SCRA 407
    READ: Rule 138, section 35 RRC
    -People vs. Villanueva 14 SCRA -Effect of Failure to take the
    109 Lawyer’s Oath
    -Art. VIII, Section 13, 1987
    Constitution READ: In re Elmo S. Abad B.M. No.
    -Art. IX- A, Section 2, 1987 139, MARCH 18, 1983
    Constitution
    -RA 7160, Section 90 -Oath Alone Will not make a Bar
    -Minute Resolution, JBC-003, Passer A full-fledged Member of the
    In re: Appointment of Atty. Bar
    Melvin Encanto, as JBC
    Member READ: Aguirre vs. Rana 403 SCRA
    343
     Public Official with restrictions
    in the practice of law READ:
     Resumption of privilege to -In re Gutierrez (5 SCRA 661)
    practice law by a Filipino -Reyes vs. Gaa (246 SCRA 64)
    Lawyer who lost Philippine -People vs. Dalusag (62 SCRA 540)
    Citizenship but late acquired -Luzon vs. Mahogany Timber
    Dual Citizenship Industries vs. Castro (69, SCRA 384)
    READ: Petition for Leave of -Casals vs. Cusi, Jr. (52 SCRA 58)
    Practice of law, Benjamin M. -Achasos vs. CA (51 SCRA 424)
    Dacanay (B.M. 1678, December -Geeslin vs. Navarro, (158 SCRA 230)
    17, 2007) -Bantolo vs. Castillon Jr. 478 SCRA
    443)
    BACKGROUND OF PROFESSIONAL -Marcelo vs. Court of Appeals 242
    RESPONSIBILITY SCRA 352)

    READ: Avancena vs. Liwanag 406


    SCRA 300

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