Ateneo de Davao University – College of Law

Syllabus for 2020-2021 (Atty. Jayson G. Tan)

C
ollege of Law
Ateneo de Davao University
Jacinto Street, 8000 Davao City

Course Number: JD Semester Offered:

First
Course Title: Legal School Year: 2020-
Profession 2021
Units: 1 Mode: Online Classes
Professor: Atty. Jayson G.
Tan

A. Course Description: Legal Profession outlines the general principles, requirements,

rules and laws in relation to the practice of law. The course provides law students an
overview of the work of an attorney. It also teaches law students the moral obligations
of a lawyer to his clients, the courts and his peers.

B. Course Objective/s: At the end of the semester, law students studying Legal
Profession shall have a working knowledge of what the practice of law is. They shall
also learn basic principles and requirements in order to practice law.

C. Course Policies: Policies in the Ateneo de Davao University Student Handbook is

hereby adopted.

D. Course Topics / Course Outline (with Case List)

PRACTICE OF LAW and THE LEGAL PROFESSION:

1. Chapters I – VII, IX and XIV of Legal Profession by Edgardo M. Villareal II

PRACTICE OF LAW; defined

Provision:

1. Section 1, Rule 138 of the RoC

Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

Cases:

Renato Cayetano v. G.R. No. 100113 September 3, 1991

Christian Monsod
Philippine Lawyer’s G.R. No. L-124126 February 16, 1959
Association v. Celedoni
Agrava
People of the Philippines v. G.R. No. L-19450 May 27, 1965
Villanueva
Maurecio Ulep v. The Legal Bar Matter No. 553 June 17, 1993
Clinic

● Please take note: FACTORS DETERMINATIVE OF ENGAGING THE

PRACTICE OF LAW found in J. Padilla’s dissenting opinion in Renato Cayetano
v. Monsod

PRACTICE OF LAW; concepts

● It is impressed with public interest:

1. Section 5 (5), Article VIII of the 1987 Constitution

Maelotisea S. Garrido v. A.C. No. 6593 February 4, 2010

Attys. Angel E. Garrido and
Romana P. Valencia

● It is a privilege burdened with conditions, to some degree of right:

Torben B. Overgaard v. A.C. No. 7902 September 30, 2008

Atty. Valdez
Philippine Association of A.C. No. 10134 November 26, 2014
Court Employees (PACE) v.
Atty. Edna M. Alibutdan-
Diaz
Hermonio Noriega v. Atty. A.M. No. 2266 October 27, 1983
Sison
Alfredo Tajan v. Hon. G.R. No. L-28899 May 30, 1974
Vicente N. Cusi, Jr.

● It is a profession, not a trade or business

See: Rule 2.03 of the CPR

Director of Religious Affairs A.C. L-1117 March 20, 1944

v. Estanislao R. Bayot
Andres Jayme v. Bualan et. G.R. No. 37386 September 19, 1933
al
Petition for Authority to July 30, 1979
Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

Continue the Use of firm

name “Sycip, Salazar,
Feliciano, Hernandez &
Castillo”
Pedro L. Linsangan v. Atty. A.C. No. 6672 September 4, 2009
Tolentino
Roberto Soriano v. Atty. A.C. No. 6792 January 25, 2006
Manuel Dizon (transfer)

● It is not a money-making venture

Atty. Malecdan v. Atty. A.C. No. 5830 January 26, 2004

Percival L. Pekas and Atty.
Matthew P. Kollin

PRACTICE OF LAW; Qualifications

1. Initial Requirements:

a. Sections 2, 5, 6, 14, 17 – 19 of Rule 138 of the RoC

In the Matter of the G.R. No. 666 January 14, 1902

Petition of J. Garcia Bosque
for Admission to the
Practice of Law in the
Philippine Islands
Petition for Leave to B.M. 1678 December 17, 2007
Resume Practice of Law,
Benjamin M. Dacanay
In Re: Disbarment A.M. L-363 July 31, 1962
Proceedings against Atty.
Diosdado Q. Gutierrez
In Re: Petition of Al B.M. 712 March 19, 1997
Argosino to take the
Lawyer’s Oath
In Re: Petition to Sign in B.M. 2540 September 24, 2013
the Roll of Attorneys
Michael A. Medado
Ledesma de Jesus-Paras v. A.C. No. 439 April 12, 1961
Quinciano Vailoces

b. Citizenship Requirement:
i. Section 5 (4) of R.A. 9225; and
ii. Section 14, Article XII of the 1987 Constitution

Petition to Re-acquire the B.M. No. 2112 July 24, 2012

Privilege to Practice law by
Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

Epifanio Muneses

c. Lawyer’s Oath (Form 28 of the Judicial Standard Forms)1

Marilou Sebastian v. Atty. A.C. No. 5118 (A.C. CBD September 9, 1999
Dorotheo Calis No. 97-485)

2. Continuing Requirements
a. Membership in the Integrated Bar of the Philippines (IBP)

In the Matter of the January 9, 1973

Integration of the Bar of
the Philippines
In the Matter of the IBP A.M. No. 1928 August 3, 1978
Membership Dues:
Delinquency of Atty.
Marical A. Edilion (IBP
Administrative Case No.
MMD-1)

b. Payment of IBP Dues and Professional Tax Receipt (PTR)

i. Sections 9 and 10, Rule 139-A of the RoC
ii. Local Government Code of 1991; Section 139; Book II

Soliman Santos, Jr. v. Atty. A.C. No. 4749 January 20, 2000
Francisco R. Llamas

c. Good and Regular Standing

d. Requirement of Good Moral Character

Julieta B. Narag v. Atty. A.C. No. 3405 June 29, 1998

Dominador M. Narag
Julieta B. Narag v. Atty. A.C. No. 3405 March 18, 2014
Dominador M. Narag
In the matter of the B.M. 1154 June 8, 2004
disqualification of Bar
Examinee Haron S. Meling
in the 2002 Bar
Examination and for
Disciplinary Action as
Member of the Philippine
Shari’a Bar, Atty. Froilon R.
Melendrez
Benjamin Q. Ong v. Atty. A.C. 10179 (formerly CBD March 4, 2014
William Delos Santos 11-2985)

1 Please Memorize
Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

Atty. Oscar Embido v.Atty. A.C. No. 6732 October 22, 2013
Salvador N. Pe

e. Mandatory Continuing Legal Education (MCLE): Bar Matter No. 850;

October 2, 2001 (Mandatory Continuing Legal Education: Adopting the
Revised Rules on Continuing Legal Education for Members of the Integrated
Bar of the Philippines)

APPERANCE OF NON-LAWYERS

● General Rule: Non-lawyers cannot practice law

● Exceptions:

o Law Student Practice (Rule 138-A of the RoC)

o Non-Lawyers in Courts:
▪ Municipal Trial Courts
▪ Other Courts
● Read: Cruz v. Mijares (G.R. No. 154464; September 11, 2008)
▪ Criminal Cases before the MTC (Section 7, Rule 116 of the RoC)
▪ Cadastral Courts (Sec. 9, Cadastral Act; Act No. 2259)

o Non-Lawyers in Administrative Tribunals

▪ Labor Arbiters (Article 222 of the Labor Code)
▪ DARAB (2009 Rules on DARAB Procedures; Section 1, Rule VIII)
▪ By appointment and designation in accordance with law (Section 33,
Rule 138)
▪ International Commercial Arbitration (Section 22, R.A. 9285)

WHEN LAWYERS ARE PROHIBITED FROM APPEARING

● In all Katarangunang Pambarangay Proceedings (Sec. 415, R.A. 7160)

● Small Claims Courts (A.M. 08-8-7-SC; Section 19 – The 2016 Revised Rules of
Procedure for Small Claims Cases; February 1, 2016)

SANCTIONS FOR PRACTICE OR APPEARANCE

1. Contempt of Court (Section 3(e), Rule 71 of the RoC)

Philippine Association of G.R. No. L-23959 November 29, 1971

Free Labor Unions (PAFLU)
v. Binalbagan Isabela Sugar
Company
Juvy P. Ciocon-Reer v. A.M. OCA IPI No. 09-3210- June 29, 2012
Judge Antonio C. Lumbao RTJ

2. Administrative Liability

Julio Zeta v. Felicismo A.M. P-220 December 20, 1978

Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

Malinao
Herminio R. Noriega v. A.M. 2266 October 27, 1983
Atty. Emmanuel Sison

3. Suspension, disbarment and other forms of discipline (Section 27, Rule 138 of the
RoC)

Re: Elmo S. Abad, 1978 G.R. 139 March 28, 1983

Successful bar Examinee.
Atty. Procopia S. Beltran,
Jr. v. Elmo S. Abad
De Leon v. Pedreña A.C. No. 9401 October 22, 2013
Campugan v. Tolentino, Jr. A.C. No. 8261 & 8725 March 11, 2015

4. Criminal Liability (Usurpation of Civil Status, Art. 348 of the Revised Penal Code)
a. Sections 7 (b) (2) and 11 of R.A. 6713

The United States v. G.R. No. L-12510 August 27, 1917

Cesareo Durban

THOSE LAWYERS PROHIBITED FROM ENGAGING IN PRIVATE PRACTICE

1. Absolute Disqualification
a. President, Vice-president, Members of the Cabinet, their deputies and
assistants (Article VII, Section 13 of the 1987 Constitution)
b. Judges and other officials as employees of the Supreme Court (Rule 138,
Section 35 of the RoC)
c. Officials and employees of the Office of the Solicitor General (id.)
d. Government prosecutors (Supra, People v. Villanueva)
e. Those prohibited by Special Law (R.A. 6713, Sec. 7(b) & 11)
f. Members of Constitutional Commissions (Section 2, Art. IX of the 1987
Constitution)
g. The Ombudsman and his deputies (Section 8, Article XI of the 1987
Constitution)
h. All Governors, City and Municipal Mayors (Section 90(a) of R.A. 7160)

2. Relative Disqualification
a. Members of Congress (Section 14, Art. VI of the 1987 Constitution)

Eugenio Puyat v. Hon. T.J. G.R. No. L-51122 March 25, 1982
de Guzman

b. Sanggunian Members (Section 91 of R.A. 7160)

c. Punong Barangay

Wilfredo M. Catu v. Atty. A.C. No. 5738 February 19, 2008

Vicente Rellosa
Ateneo de Davao University – College of Law
Syllabus for 2020-2021 (Atty. Jayson G. Tan)

d. Retired Justices or Judges (Section 1, R.A. 910 as amended)

e. Lawyers in the Executive Department (Memorandum Circular No. 17;
(September 4, 1986); Section 12, Rule XVIII of the Revised Civil Service
Rules)

Oscar Abeto v. Manuel A.M. P-88-269 December 29, 1995

Garcesa
Busilac Builders, Inc. and A.M. No. RTJ-03-1809 October 17, 2006
Romeo M. Camarillo v. (Formerly A.M. OCA IPI No.
Judge Charles Aguilar 03-1643-RTJ)
Felipe E. Abella v. Atty. A.C. No. 5688 June 4, 2009
Asteria E. Cruzabra

E. Course Grade Computation:

50% Recitations
50% Final Exam
= Final Grade

F. Methodology. Blended Online Learning.

G. Course References (Textbooks, Journals and Websites)

1. Legal Profession by Edgardo M. Villareal II
2. Rules of Court (Codal)
3. Code of Professional Responsibility
4. sc.judiciary.gov.ph