SAN BEDA COLLEGE ALABANG

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE:

COURSE TITLE: LEGAL COUNSELLING AND SOCIAL

RESPONSIBILITY

COURSE CREDIT: 2 UNITS

COURSE PREREQUISITE/S: N/A

FACULTY: Justice Maria Theresa V. Mendoza-Arcega

EMAIL ADDRESS: tessmarcega@gmail.com

TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2020-2021

DAY/TIME/ROOM/SECTION:

COURSE DELIVERY MODE: FULL ONLINE

CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

This two-unit subject is an introduction to the art and technique of legal

counselling as well as a consideration of the responsibilities of the lawyer
as counsellor. It aims to supplement the students’ knowledge of Civil and
Criminal Procedures as well as reinforce what they learned in Basic Legal
Ethics.

COURSE GOALS: Expected College of Law Graduate Attributes (“ELGAs”)

(A) Know and understand the laws; (B) Memorize provisions; (C) Develop: (i)
critical and analytical thinking; (ii) proficiency in written and oral
communication; and (iii) logical reasoning and sound judgment; and (D)
Exercise proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (“LOs”):

1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

ELGAs LEARNING OUTCOMES (LOs)

Critical and LO1. Explain the pertinent Rules of Court and Code of

1
 analytical thinking Professional Responsibility provisions and apply these to specific
factual situations.
Effective in written
and oral LO2. Analyze the assigned cases and derive the applicable
communication doctrines enunciated therein.
Logical reasoning LO4. Utilize legal research tools to gather pieces of information
Sound judgment that aid in the analysis of legal issues in drafting a research
paper
Exercise of proper
professional and
ethical
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Scope of (Weight is
Requirements Based on the Learning Outcomes
Work based on the
(“LO”)
(Individual) importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Discussion Individual
LO3 Individual
LO4 - Research Paper, Case Study

Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100%

LEARNING PLAN:

LEARNING
WEEK/ METHODS
LEARNING
DATE (activities
RESOURCES
(Schedule designed or
(print and
TOPIC/CONTENT of each deployed by
non-print
(arrangement or sequence of the major topics is Topic, the teacher
materials and
based on a logical order) Assign, to bring
online/
Exam for about, or
open-access
the entire create the
resources)
semester) conditions
for learning)
5 Sept.
Course Introduction 2020
• Course overview Syllabus Lecture

2
• Course assignments
• Course requirements Discussion

Part I. Legal Counselling

A. What is Legal Counselling

 From the vantage point of a private Recitation

lawyer Syllabus
 From the vantage point of a Case Study
government lawyer Textbooks
Discussion
Supreme
B. What Constitutes Practice of Law Court
Decisions
 The practice of all professions in the
Philippines shall be limited to
Filipino citizens, save in cases
prescribed by law (Sec. 14, Art. XII, 5 Sept.
1987 Constitution) 2020

 Prospects of the Legal

Profession vis-à-vis ASEAN
integration and globalization

 What Philippine professions are

open for practice by foreigners?

Syllabus 12 Sept. Recitation

 The Supreme Court has the power 2020
to promulgate rules concerning the Textbooks Case Study
protection and enforcement of
constitutional rights, pleading, Supreme Discussion
practice, and procedure in all Court
courts, the admission to the practice Decisions
of law, the integrated bar, and legal
assistance to the under-privileged
(Sec. 5(5), Art. XVIII, 1987
Constitution)

 Pimentel et al. v. Legal Education

Board, et al.
G.R. No. 230642, Sept. 10, 2019

 Cayetano v. Monsod
G.R. No. 100113, Sept. 3, 1991

 Re: Letter of the UP Law Faculty

A.M. No. 10-10-4 SC, March 8,

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 2011

 OCA v. Ladaga, AC P-99-1287,

January 26, 2001

 Jovito Olazo v. Justice Tinga, A.M.

No. 10-5-7-SC, December 7, 2010

 Alawi vs. Alauya, AM-SDC-97-2-

P, February 24, 1997

 People vs Tuanda, A.C. No. 3360,

January 30, 1990

C. What are the Consequences of the

Unauthorized Practice of Law

 Ulep v. The Legal Clinic

Bar Matter No. 553, June 7, 1993

 Ciocon-Reer, et al. v. Judge Lubao

A.M. OCA IPI No. 09-3210-RTJ,
June 20, 2012

 Bonifacio v. Attys. Era & Bragas,

A.C. No. 11754, Oct. 3, 2017

Syllabus 19 Sept. Recitation

D. Distinct and Unique 2020
Characteristics of Lawyers and the Textbooks Case Study
Legal Profession
Supreme Discussion
 It is a noble profession, not a Court
business Decisions

 It is a privilege, not a right

 Lawyers are ministers of truth

 Lawyers are apostles of justice

 Lawyers are vanguards of the

law

 Good moral character of lawyers

is a continuing requirement

 Membership in IBP is mandatory

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  Santos v. Atty. Llamas, A.C. No.
4749, Jan. 20, 2000

E. Qualifications for Admission to

the Bar (Rule 138, Rules of Court)

 Taking and Passing the Bar

Examinations

 Taking the Lawyer’s Oath

 Signing the Roll of Attorneys

 Re: Elmo Abad, BM No. 139,

March 28, 1983

F. 10 Significant Roles of a Lawyer

 Counsellor
 Advocate Syllabus
 Mediator Recitation
26 Sept.
 Attorney Textbooks
2020
 Solicitor Case Study
 Barrister Supreme
 Officer of the Court Court Discussion
 Amicus Curiae Decisions
 Peacemaker
 Leader

Syllabus 3 Oct. Recitation

G. 10 Outstanding Characteristics of an 2020
Effective Legal Counsellor Textbooks Case Study

 Trustworthiness Supreme Discussion

 Self-confidence Court and
 Courage Court of Quiz
 Perseverance Appeals
 Industry Decisions
 Boldness to Take Calculated
Risks
 Strong Interpersonal Skills
 Excellent Communication Skills
(both oral and written)
 Analytical Thinking and Logical
Reasoning
 Optimism

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 MID-TERM EXAMINATIONS

Part II. SOCIAL RESPONSIBILITY

A. Starting a Law Practice

 What Career Options Are

Available to a New Lawyer

 How to Attract and Maintain Syllabus

Clients Recitation
Textbooks
 How to Conduct Client Interview Case Study
Supreme
 When to Reject Clients Court Discussion
Decisions
 As Client’s Representative, What
is Counsel’s Extent of Authority

 When and How to Withdraw

from a Case

 How to Bill Clients

B. 10 Things to Avoid as Esteemed Legal

Counsellor

1. Avoid soliciting clients

and/or ambulance-chasing.

2. Avoid conflicts of interest.

3. Avoid commercial
advertising of legal skills and
talents.

4. Avoid facilitating or
entering into champertous
contracts.

5. Avoid disclosing privileged

communication.

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 6. Avoid abetting
unauthorized practice of law by
non-lawyers.

7. Avoid using vulgar,

disrespectful and intemperate
language especially in court
pleadings.

8. Avoid forum-shopping
and/or filing multiple suits.

9. Avoid filing any suit for

money or malice.

10. Avoid committing any act

of moral turpitude, gross
immorality, dishonesty, and/or
any affair, transaction or practice
that is repugnant to the Lawyer’s
Oath.

C. Revisiting the Lawyer’s Duty and

Responsibility to Society

 Lahm v. Mayor, A.C. No. 7430,

February 15, 2012

 Dacanay v. Baker & McKenzie, Syllabus

A.C. No. 2131, May 1985 Recitation
Textbooks
Case Study
 Dulalia v. Cruz, A.C. No. 6854, Supreme
April 27, 2004 Court Discussion
Decisions
 Sanchez v. Atty. Torres, A.C. No.
10240, Nov. 25, 2014

 Saladaga v. Atty. Astorga, A.C. No.

4697/4728, Nov. 25, 2014

Syllabus Recitation
D. Revisiting the Lawyer’s Duty and
Responsibility to the Legal Profession Textbooks Case Study

 In Re: Edillon, August 3, 1978 Supreme Discussion

Court

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  In Re: Letter from Atty. Arevalo,
B.M. No. 1370, May 9, 2005

 Gacias v. Atty. Bulauitan, A.C. No.

7280, November 16, 2006
Decisions
 Atty. Barandon v. Atty. Ferrer,
A.C. No. 5678, March 26, 2010

 Dr. Perez v. Attys. Catindig &

Baydo, A.C. No. 5816, March 10,
2015

E. Revisiting the Lawyer’s Duty and

Responsibility to the Courts

 Hierarchy of Philippine Courts

 Administrative Bodies and

Quasi-Judicial Agencies

 How to file a:

 Civil complaint
 Criminal complaint Syllabus Recitation
 Administrative complaint
Textbooks Case Study

 Atty. Alonso v. Atty. Relamida, Supreme Discussion

A.C. No. 8481, August 3, 2010 Court
Decisions Quiz
 Caspe v. Atty. Mejica, A.C. No.
10679, March 10, 2015

 Jimenez v. Atty. Verano, A.C. No.

8108 & 10299, July 15, 2014

 Re: Letter of the UP Law Faculty,

A.M. No. 10-10-4 SC, March 8,
2011

Syllabus Recitation
F. Revisiting the Lawyer’s Duty and
Responsibility to the Clients Textbooks Case Study

 Castro-Justo v. Atty. Galing, A.C. Supreme Discussion

No 6174, November 16, 2011 Court
Decisions
 Palm v. Atty. Iledan, A.C. No.

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 8242, October 2, 2009

 Lim-Santiago v. Atty. Sagucio, A.C.

No. 6705, March 31, 2006

 Treñas v. People, G.R. No. 195002,

January 25, 2012

 Camacho v. CA, G.R. No. 127520,

February 9, 2007

1. References:

1. Code of Professional Syllabus

Responsibility Recitation
2. Rules of Court Textbooks
3. Supreme Court Decisions Case Study
4. San Beda Law Journal Supreme
Court Discussion
Decisions

FINAL EXAMINATIONS

POLICIES:

1. Attendance will be checked every meeting.

2. Students who are called to recite but are absent/disconnected shall get a grade of 65.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of the
intellectual property rights of the Professor.