ST.

THOMAS MORE SCHOOL OF LAW

Tagum City, Davao del Norte

Bachelor of Laws

Course Number: LLB 114

Title: Legal Profession
Instructor: Atty. Margarita Nograles
Schedule: 8:30 – 9:30 PM, Wednesday
No. of Units: 1

I. Course Description

The is a study of the major legal systems of the world and the history and development of the
legal profession here and abroad. It also handles the current problems, goals, and the role of the
lawyers in society.

II. Course Objectives

At the end of the term, the students should be able to widen their perspective and appreciate
1. The origin and development of the major legal systems that operate in the world today;
2. The history of the legal profession in particular, both here and abroad;
3. The role and function of lawyers in an organized society; and
4. The problems related to legal education and administration of justice in the Philippines.

III. Primary Sources

1. Constitution;
2. Rules of Court;
3. Code of Professional Responsibility;
4. Code of Judicial Conduct; and
5. Supreme Court Decisions.

IV. Course Requirements

Class Participation – 20%

Midterm Examination – 30%

Final Examination – 50%

V. Course Outline

THE LEGAL PROFESSION

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

A. Supervision and Control

Supreme Court – Article VIII, Sec 5 (5) of the Philippine Constitution
Congress – Article XII, Sec 14 (2); Art. XVIII, Section 10
- In the Matter of IBP, S. Ct. Resolution dated 9 January 1973, 49 SCRA 22 (1973)
- In re Cunanan, 94 Phil. 534 (1954)

B. Practice of Law
- Cayetano vs. Monsod, G.R. No. 10013, 3 September 1991, 201 SCRA 210 (1991)

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

A. Legal Education
Pre-Law: Rule 138, Sec. 6, Rules of Court
Law Proper: Rule 138, Sec. 5, Rules of Court
Republic Act No. 7662 (1993) – Legal Education Reform Act
LEB, Policies and Standards of Legal Education and Manual of Regulations for Law Schools
Bar Matter (“BM”) No. 1552-A Guidelines on Legal Apprenticeship in the Supreme Court
and Other Collegiate Courts, 3 July 2002

B. Citizenship
Article XII, Sec. 14 (2) of the Philippine Constitution
Republic Act No. 9225 (2003) – Dual Citizenship Act
Petition to Re-acquire the Privilege to Practice Law by Epifanio Muneses
BM No. 2112, 24 July 2012, with accompanying Supreme Court Resolution En Banc 24 July
2012

C. Bar Examinations
Rule 138, Sec. 7-16, rules of Court
BM No. 1553, 9 March 2010, Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in
the Bar Examinations Through Amendments to Rule 138, sec 5 & 6 of the Rules of Court
Reforms in the Bar Examinations, B.M. No. 1161, 8 June 2004
2010 Bar Matter No. 2265, 28 January 2001 re Reforms in the Bar Examinations
B.M No. 2502, 20 March 2012

D. Good Moral Character as a Prerequisite to Bar Admission

- In Re: Al C. Argosino, BM No. 712, 13 July 1995, 246 SCRA 14 (1995)
- In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar
Examinations BM No. 1554 8 June 2014, 431 SCRA 146 (2004)

E. Law Student Practice Rule

Rule 138-A, Rules of Court

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

- Cruz v. Mina, GR No. 154207, 27 April 2007, 522 SCRA 387 (2007)

F. Non-lawyers Authorized to Appear in Courts/Quasi-Judicial Agencies

Rule 132, sec. 33&34, Rules of Court
Art. 222, Labor Code
Department of Agrarian Reform Adjudication Board (DARAB) – RA 6657 as amended by
RA 9700, Rule VIII, Sec. 1
Local Government Code, RA 7160, Sec. 415
Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC, effective 1 October 2008,
Sec. 17

G. Lawyer’s Oath
Sup. Ct. Resolution dated 25 October 1979, Rules of Court, Form 28; 91 SCRA XV

CODE OF PROFESSIONAL RESPONSIBILITY

Canon 1 Promote and Respect Law and Legal Process

- In re Guttierrez, Adm. Case No. 363, 31 July 1962, 5 SCRA 661 (1962)
- Zaldivar vs. Gonzales, G.R. No. 79690-707 and 80578, 7 October 1988, 166 SCRA 316
(1998)

Rule 1.01 – No Unlawful, Dishonest, Immoral, Deceitful Conduct

- Piat v. Abordo, 58 Phil. 350 (1933)
- Ui vs. Bonifacio, A.C. No. 3319 , 8 June 2000, 333 SCRA 38 (2000)
- Figueroa vs. Barranco, SBC Case No. 519, 31 July 1997, 276 SCRA 445
- Pimentel vs. Llorente, AC No. 4680, 29 August 2000, 339 SCRA 154 (2000)
- Castillo vds. De Mijares vs. Villaluz, A.C. No. 4431, 19 June 1997 , 274 SCRA 1 (1997)
- Stemmerik v. Mas, A.C. No. 8010, 16 June 20009, 589 SCRA 114 (2009)
- Freeman vs. Zenaida Reyes, A.C. No. 6246, 15 November 2011

Rule 1.02 – No Counseling to Defy Law

- In re Terrel, 2 Phil. 266 (1903)
- Estrada vs. Sandiganbayan, G.R. Nos. 159486-88, 25 November 2003
- Kupers vs. Hontanosas, A.C. No. 5704, 8 May 2009, 587 SCRA 325 (1009)

Rule 1.03—Not to Encourage Lawsuit or Proceedings

Rule 1.04 – Encourage Client to Avoid Controversy

- Castaneda vs. Ago, GR No. 27546, 30 July 1975, 65 SCRA 505 (1975)

Canon 5 Participate in Legal Education Program

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

Bar Matter 850 Mandatory Continuing Legal Education, as amended by Sup. Ct. Reso
dated 17 February 2015 and effective 01 March 2015, amendment of Rule 7, Sec. 2 (a),
effective 24 June 2015
Supreme Court Resolution dated 14 January 2014
- Rodrigues Manahan v. Flores AC No. 8974 13 November 2013, 709 SCRA 297 (2013)

THE LAWYER AND THE LEGAL PROFESSION

Canon 7 Upholding and Integrity of the Profession

- Fernandez vs. Grecia AC No. 3694 17 June 1993, 223 SCRA 425 (1993)
- Velez z. de Vera, AC No. 6697, BM No. 1227 AM No. 05-5-15, July 25 2006, 496 SCRA
345 (2006)

RA 6397 – Integrated Bar of the Philippines

Rules 139-A, Secs. 9& 10, Rules of Court

Rule 7.01 – No False Statement

- In re Diao AC No. 244 29 March 1963, 7 SCRA 475 (1963)

Rule 7.02 – Not to Support Unqualified Bar Applicant

Rule 7.03 – No Conduct Adversely Affecting the Profession

- Zaguirre v. Castillo AC No. 4921 March 6 2003, 398 SCRA 659 (2003)
- Guevera vs. Eala AC No 7136 Aug 1 2007, 517 SCRA 600 (2007)
- Tiong v. Florendo AC No. 4428 11 December 2011, 662 SCRA 1 (2011)

Canon 9 Unauthorized Practice of Law

- Spouses Suarez v. Salazar GR No. 139281 September 29 1999 315 SCRA 502 (1999)
- Alawi v. Alauya AM No. SDC-97-2-P, 24 February 1997 268 SCRA 639 (1997)
Exception: Rule 138-A Rules of Court

Rule 9.01 – Not to Delegate Work

Rule 9.02 – Not to Divide Legal Fees

- Lijuaco v. Terrado AC No. 6317 31 August 2006, 500 SCRA 301

THE LAWYER AND THE COURTS

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

Canon 10 Observe Candor, Fairness and Good Faith

- Ting Dumali v. Torres AC No. 5161 14 April 2004, 427 SCRA 108 (2004)

Rule 10.01 – Truthfulness Towards the Court

Rule 10.02 –Not to Misquote or Misrepresent Contents of Paper

- Insular Life Employees Co v. Insular Life Association GR No. L-25291, January 30 1971,
37 SCRA 244 (1971)
- PLAGIARISM CASES:
o In the Matter of Charges of Plagiarism against Assoc. Justice Mariano Del
Castillo AM No. 10-7-17-SC, February 8 2011, 642 SCRA 11 (2011)
o Re: Letter of the UP Law Faculty AM No. 10-10-4-SC October 19 2010, 633 SCRA
418 (2010), March 8, 2011, 644 SCRA 543 (2011)

Rule 10.03 –Observe Rules of Procedure

Rule 138, Sec. 20 (d), Rules of Court

Canon 13 Refrain from Act Giving Appearance of Influence

- Nestle Phil v. Sanchez GR No. 75209, September 30 1987, 154 SCRA 542 (1987)

Rule 13.01 – No Extraordinary Attention

Rule 13.02 – No Public Statements to Media

- Cruz v. Salva 105 Phil. 115 (1959)

Rule 13.03 – Not to Invite Outside Interference

- Maglasang v. People GR No. 90083 October 4 1990, 190 SCRA 306 (1990)

THE LAWYER AND THE CLIENT

Canon 15 Observe Candor, Fairness, Loyalty

Rule 138, Sec. 3 Rules of Court

Rule 15.01 and Rule 15.03 – Conflict of Interest

- Hornilla v. Salunat AC No. 5804, 1 July 2003, 405 SCRA 220 (2003)

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

- Orola v. Villaseca 11 Septemebr 2013

- Aninon v. Sabitsana Jr. AC No. 5908 April 11 2012, 669 SCRA 77 (2012)

Rule 15.02 – Privileged Communication

- Regala v. Sandiganbayan GR No. 105938 September 20 1996 262 SCRA 122 (1996)
- Dalisay v. Mauricio AC No. 5655 January 23 2006, 479 SCRA 307 (2006)

Rule 15.04 – Mediator, Conciliator or Arbiter

- Dee v. CA GR No. 77439 August 24 1989 176 SCRA 651 (1989)

Rule 15.05 – Candid, Honest Advice

Rule 15.06 – Not to Claim Influence

- Mercado v. Security Bank GR No. 160445 February 16 2006, 482 SCRA 501 (2006)

Rule 15.07— Impress Compliance with Laws

Rule 15.08 – Dual Profession

- Nakpil v. Valdez AC No. 2040 March 4 1998, 286 SCRA 758 (1998)

Canon 17 Trust and Confidence

- Angalan v. Delarte AC No. 7181 February 5, 2009 578 SCRA 113 (2009)

Canon 18 Competence and Diligence

Rule 18.01 – Client Consent with Collaborating Counsel

Rule 18.02 – Adequate Preparation

Rule 18.03 – Not to Neglect Legal Matters

- Legarda v. CA GR No. 94457 June 10 1992 209 SCRA 722 (1992)

Rule 18.04 – Inform Client on Status of Case

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 ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws

- Abay v. Montesino AC No. 5718 December 4 2003 417 SCRA 77 (2003)

Canon 21 Preserve Client’s Confidence

Rule 138 sec 20 (e) Rules of Court

Rule 130 sec 21 (b) Rules of Court
Art. 209 Revised Penal Code
- Hilado v. David 84 Phil. 569 (1949)

Rule 21.02 – Revelations of Confidence and Secrets Allowed

Rule 21.02 – Use of Information Received in Court of Employment Allowed

Rule 21.03 – Prohibition to Giving of Information to Outside Agency

Rule 21.04 to Rule 21.05 – Protection from Disclosure

Rule 21.06 – Prohibition on Indiscreet Conversation

Rule 21.07 – Not to Reveal that Lawyer was Consulted

Cf Rule 15.01, Rule 14.03

Canon 22 Withdrawal of Services for Good Cause

Rule 22.01 – Good Causes for Withdrawal of Services

- Domingo v. Aquino GR No. 28078 April 29 1971 38 SCRA 472 (1971)

Rule 22.02— Duties of Lawyer Who Withdraws

- Obando v. Figueras GR No. 134854 January 18 2000, 322 SCRA 148 (2000)

SPECIFIC RULES OF PRACTICE

2004 Rules on Notarial Practice Sp ct. AM No. 02-8-13 SC promulgated July 6 2004

Discipline of Lawyers
Rules of Court, Rule 139-B

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ST. THOMAS MORE SCHOOL OF LAW
Tagum City, Davao del Norte

Bachelor of Laws