UNIVERSITY

OF SAN CARLOS
SCHOOL OF LAW AND GOVERNANCE
COLLEGE OF LAW

COURSE SYLLABUS
(LlB 440 – Problem Areas in Legal Ethics)

VISION

The University of San Carlos sees:

A WORLD where the darkness of sin and the night of unbelief vanish before the light of the Word and the Spirit of grace

A SOCIETY where citizens are competent, noble in character and community oriented:

What they know, they apply justly and honestly.
What they do not know, they seek to learn.
What they do not have, they endeavor to acquire.
What they have, they share.

MISSION

The University of San Carlos is a Catholic Institution of learning that embodies the principles of academic discipline of San Carlos Borromeo and the missionary charism of the Society of
the Divine Word (SVD).

We aim to develop competent and socially responsible professionals and lifelong learners in an environment that fosters excellence in the academic core processes of teaching-
learning, research, and community extension service.
Our mission is to provide timely, relevant, and transformative academic programs responsive to the needs of the local, national and global communities in rapidly changing world.

CORE VALUES

Integrity. Academic and administrative employees shall reflect in their personal and professional life the ideals of the Catholic university as “an academic community, which, in a
rigorous and critical fashion, assists in the protection and advancement of human dignity and of a cultural heritage through research, teaching and extension services to the local,
national and international communities” (Apostolic Exhortation Ex Conde Ecclesiae, 1990).
Excellence. Academic employees shall constantly strive to attain the highest standards in their respective fields; administrative employees, the highest quality of service in support of
the University’s educational mission.
Commitment. Academic and administrative employees shall bear in mind that the ultimate goal of the University is the transformation of communities, especially in the Visayas and
Mindanao, through the provision of quality basic and higher education.

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Social Responsibility. Academic and administrative employees shall strive to provide themselves and the students an understanding of and effective tools for addressing the prevailing
social realities in the country. As far as possible, they shall volunteer their expertise and contribute to effective social and civic programs in the local community, through initiatives
organized by themselves, their respective departments and relevant external organizations.
Evangelization. Academic and administrative employees shall seek to understand the values and mores of local cultures and enrich them through gospel values and the teachings of the
Church. In a privileged manner, they shall, in solidarity with the Philippines Southern Province of the Society of Divine Word, support the missionary apostolate in the Visayas and
Mindanao.
Leadership. Academic and administrative employees, not only in positions of authority but also in their own personal capacity, shall strive to set the conditions for reflection and
learning on their respective educational tasks, both in their departments and in the local community, foster norms of behavior befitting a Witness to the Word and exhibit these norms in
their own way of life.

PROGRAM LEVEL LEARNING OUTCOMES (PLLO)1

Upon completing the law program, Carolinian law graduates will demonstrate the following:

PLLO 1: KNOWLEDGE
PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO THE WORD
PLLO 3: THINKING SKILLS which include the skills to identify and articulate legal issues; apply legal
reasoning and research to generate appropriate responses to legal issues; engage in critical
analysis and make a reasoned choice amongst alternatives; and think creatively in approaching
legal issues and generating appropriate responses
PLLO 4: RESEARCH SKILLS
PLLO 5: COMMUNICATION AND COLLABORATION
PLLO 6: SELF-MANAGEMENT

At the end of the law program, the Carolinian law graduate is expected to be Witness to the Word and to embody the following Graduate Attributes:

SCIENTIA A COMPETENT PROFESSIONAL
Critical thinker
Lifelong learner
Skilled researcher
Sound decision- maker
Innovative problem-solver
Effective and articulate communicator
VIRTUS A VIRTUOUS EXEMPLAR
Incorruptible servant leader
Ethical and values-driven practitioner
DEVOTIO A DEDICATED ADVOCATE
Committed peacemaker

1
Based in part on ALTC’s Learning and Teaching Academic Standards Program, December 2010.
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 Culture- sensitive patriot
Socially- engaged citizen
Passionate worker for the marginalized

COURSE LEVEL LEARNING OUTCOMES2

CLLO 1 To know the applicable ethical standards and relevant decisions of the Supreme Court.
CLLO 2 To inculcate among the students the said ethical standards.
CLLO 3 To identify relevant facts, issues and the appropriate action or actions to take.
CLLO 5 To communicate effectively and persuasively all issues involved in or may involve the said
standards and decisions.

COURSE OVERVIEW

Course Number: LlB 440 Course Title: Problem Areas in Legal Ethics Course Credit: 2 units
Course Description: This course is about examining and resolving specific ethical problems and dilemmas which may
confront lawyers in the exercise of the legal profession.
Course Objectives: 1) To know and understand the ethical standards for lawyers and/or judges as well as the relevant
decisions of the Supreme Court.
2) To make a critical and intelligent assessment of the said ethical standards and relevant decisions
that will hopefully mold law graduates ethical and responsible.

COURSE FACILITATOR’S CONTACT DETAILS AND CONSULTATION TIME

Instructor: JOSE GLENN C. CAPANAS
Office: College of Law
Office Number: (032) 253-1000 loc. 170
E-mail address: jgccapanas@usc.edu.ph
Consultation hour: 8:30PM – 9:00PM (MWF)

COURSE POLICIES

1. Whenever applicable, attendance is a must. Thus, it be will be checked during synchronous learning and learners who may incur ten unexcused absences may be dropped from
the class while learners who may incur three unexcused absences need to obtain a written approval from the Dean before re-admission to class.
2. Whenever applicable, a seat plan will be made and learners must be on their assigned seats. Failure to do so will render the learner absent in class.
3. Learners are expected to observe proper decorum during class hours. Learners must follow and comply the rules for virtual class (both for synchronous and asynchronous) and
the etiquette for video conference.
4. Honesty is expected from the learners in all academic undertakings. Learners must accomplish the Carolinian Academic Integrity Pledge and submit it during Week 1.

2
Adopted by the School of Law and Governance for JD AY 2013-2014.
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 5. Mid-Term and Final Examinations shall be held on the schedules approved by the Dean. Special examination shall only be granted on valid reasons and in accordance with the
policies of the University.
6. The following policies form part here: (a) USC College of Law Policies on Grading; (b) USC Law’s Integrated Covid 19 Responses; and (c) other rules, regulations, and policies.
7. For course-related concerns or questions, learners must raise them at the earliest possible opportunity and see the facilitator during the consultation hour or contact the
facilitator through email. Learners must not channel said concerns or question through social networking accounts except for the official networking accounts which may be
created for academic announcements, online discussions, and peer mentoring.
8. Learners must comply with the requirements of the course. Deadlines shall be strictly followed.

COURSE GRADING SYSTEM

Passing Grade: 75% of 100% Composition of 100%: Class work – 20% Paper – 20% Mid-Term Exam – 30% Final Exam – 30%

COURSE COVERAGE

Course Content Day Unit Outcome(s) Learning Objectives Assessment Tasks Teaching & Learning Activities Resources / Materials
At the end of the unit, the In order to achieve the outcome, the As evidence of achieving the To achieve the outcome, the learning
learner is able to: learner is able to: unit outcome, the learner is activities are:
assessed as follows:
Module 1: 1 Introduce the 1) Explain USC’s Vision & 1) Formative exercises: 1) Interactive discussion: Vision & 1) USC website
Introduction & preliminaries and Mission, Program Level objective type - Mission, Program Level 2) Syllabus
Orientation orient the learners Learning Outcomes (PLLO), ungraded Learning Outcomes (PLLO), Law 3) YouTube
about the course. Law Graduate Attributes, 2) Learner’s answers Graduate Attributes, Course 4) www.menti.com
Course Overview, Course during the formative Overview 5) www.padlet.com
Policies & Grading System, exercises 2) Interactive discussion: Course 6) http://uscph.schoology.com
and Facilitator’s Contact Policies & Grading System, and
Details Facilitator’s Contact Details
2) Elaborate the course details 3) Watch YouTube:
https://bit.ly/3gNrowY
4) President’s Welcome
Message:
http://bit.ly/35W08cI

Module 2: 2 Explain the ethical Determine and elaborate: 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Practice of Law standards for lawyers 1) Definition of practice of law; objective type 2) Flipped classroom: advance 2009 Edition
(Part 1) and/or judges and the What are the criteria? What and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of constitutes practice of law? question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. 2) Meaning and extent of 2) Learner’s answers materials Ed., 2009
practice of law during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
3) Private practice of law exercises processing after the formative 4) CD Asia Online
4) Practice of law as a privilege exercises 5) www.padlet.com
5) MCLE: SC Admin. Order No. 4) Interactive discussion 6) http://uscph.schoology.com
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 113-03, Section 2 on
Functions (08-05-2003);
MCLE Resolution No. 01-
2007, June 1, 2007; Bar
Matter No. 1922, as amended
Module 3: 3 Determine the ethical Explain and elaborate the 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Practice of Law standards for lawyers following important concepts objective type 2) Flipped classroom: advance 2009 Edition
(Part 2) and/or judges and the on practice of law: and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of 1) When non-lawyers may question(s) – graded jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. practice law 2) Learner’s answers materials Ed., 2009
2) Public officials prohibited during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
from practice of law exercises processing after the formative 4) CD Asia Online
3) Private practice of law exercises 5) www.padlet.com
without authority 4) Interactive discussion 6) http://uscph.schoology.com
4) Right to resume practice of
law
Module 4: 4 Assess the ethical Determine and elaborate the 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Duties of a Lawyer standards for lawyers following: objective type 2) Flipped classroom: advance 2009 Edition
(Part 1) and/or judges and the 1) Ambulance chasing and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of 2) Barratry question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. 3) Champertous contract 2) Learner’s answers materials Ed., 2009
4) Forum shopping during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
5) Attorney’s fees, charging exercises processing after the formative 4) CD Asia Online
lien, contingent contract, exercises 5) www.padlet.com
quantum meruit, retaining 4) Interactive discussion 6) http://uscph.schoology.com
lien
Module 5: 5 Explain the ethical Evaluate and elaborate: 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Duties of a Lawyer standards for lawyers 1) Duties objective type 2) Flipped classroom: advance 2009 Edition
(Part 2) and/or judges and the 2) Canons 1 - 22 and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. 2) Learner’s answers materials Ed., 2009
during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
exercises processing after the formative 4) CD Asia Online
exercises 5) www.padlet.com
4) Interactive discussion 6) http://uscph.schoology.com
Module 6: 6 Assess the ethical Determine and elaborate about 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Duties of a Lawyer standards for lawyers the following specific areas on objective type 2) Flipped classroom: advance 2009 Edition
(Part 3) and/or judges and the the duties of a lawyer: and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of 1) Observance of law and question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. compliance with court’s 2) Learner’s answers materials Ed., 2009
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 order or process during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
2) Moral righteousness exercises processing after the formative 4) CD Asia Online
exercises 5) www.padlet.com
4) Interactive discussion 6) http://uscph.schoology.com
Module 7: 7 Determine the ethical Explain and elaborate the 1) Formative: objective 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Duties of a Lawyer standards for lawyers following specific areas on the type and/or essay 2) Flipped classroom: advance 2009 Edition
(Part 4) and/or judges and the duties of a lawyer: question(s) - graded reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
applicable decisions of 1) Representation of conflicting 2) Learner’s answers jurisprudence, and other JUDICIAL ETHICS, Eighth
the Supreme Court. interests during the formative materials Ed., 2009
2) Lawyer-client relationship exercises 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
3) Self-representation processing after the formative 4) CD Asia Online
4) Representation by non- exercises 5) www.padlet.com
lawyer 4) Interactive discussion 6) http://uscph.schoology.com
5) Appearance without
authority
6) Responsible and
professional behavior
7) Duty to a colleague
Module 8: 8 Explain the ethical Assess and elaborate: 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
IBP & standards for lawyers 1) Transfer of IBP chapter, objective type 2) Flipped classroom: advance 2009 Edition
Disciplinary and/or judges and the qualifications of a candidate, and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
Proceedings applicable decisions of standing to sue question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
(Part 1) the Supreme Court. 2) Exemption from payment of 2) Learner’s answers materials Ed., 2009
IBP dues during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
3) Nature and functions of IBP exercises processing after the formative 4) www.ibp.ph
Commissioner exercises 5) CD Asia Online
4) Election in the IBP 4) Interactive discussion 6) www.padlet.com
5) Rotation rule 7) http://uscph.schoology.com
6) Power to suspend or disbar
7) Power to investigate and
resolve judicial
matters/confidential
proceedings
8) Rule 135 to 140 of the Rules
of Court
9) Nature of proceedings
Module 9: 9 Determine the ethical Evaluate and elaborate: 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Disciplinary standards for lawyers 1) Grounds for discipline objective type 2) Flipped classroom: advance 2009 Edition
Proceedings and/or judges and the 2) Procedure for disbarment and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
(Part 2) applicable decisions of 3) Automatic conversion question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth

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 the Supreme Court. 4) Due process 2) Learner’s answers materials Ed., 2009
5) Confidentiality rule during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
6) Formal investigation exercises processing after the formative 4) www.ibp.ph
7) Burden of proof exercises 5) CD Asia Online
8) Presumption, etc. 4) Interactive discussion 6) www.padlet.com
9) Basis for reduction of penalty; 7) http://uscph.schoology.com
appropriate sanction
10) Failure to answer
11) Liability for damages
12) Filing of MR
13) Effect of desistance
14) Prescription of offense
15) Lawyers in government
service
Module 10: 10 Evaluate the other Determine and elaborate: 1) Formative exercises: 1) Formative exercises 1) E.L. Pineda, LEGAL ETHICS,
Judicial Conduct concepts in ethical 1) New Code of Judicial Conduct objective type 2) Flipped classroom: advance 2009 Edition
standards for lawyers 2) Employment of Spouses of and/or essay reading in relevant laws, 2) R.E. Agpalo, LEGAL AND
and/or judges and the Justices question(s) - graded jurisprudence, and other JUDICIAL ETHICS, Eighth
applicable decisions of 3) Rule regarding gambling 2) Learner’s answers materials Ed., 2009
the Supreme Court. 4) Proper use of social media during the formative 3) Interactive discussion: 3) www.sc.judiciary.gov.ph
5) Judicial Integrity Board and exercises processing after the formative 4) CD Asia Online
Corruption Prevention and exercises 5) www.padlet.com
Investigation Office 4) Interactive discussion 6) http://uscph.schoology.com
6) Conflict of interest
7) Integrity of the judiciary
8) Impartial administration of
justice and without delay
9) Gross misconduct
10) Judicial temperament
11) Misbehavior
12) Immorality
13) Gross ignorance of law
and procedure
14) Conduct unbecoming
15) Delay in rendering
decisions or inefficiency
16) Sub judice rule
17) Separate penalties for
every offense
Module 11: 15 A survey of disciplinary Determine a specific area on Submission of case Conduct of survey. 1) www.sc.judiciary.gov.ph

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 Paper proceedings decided by legal ethics on which disciplinary digests. 2) CD Asia Online
the Supreme Court. proceedings is based for a certain 3) www.menti.com
period of time. 4) www.padlet.com
5) www.flipgrid.com
6) http://uscph.schoology.com

RELEVANT LAWS AND JURISPRUDENCE (http://uscph.schoology.com)

REFERENCES

Books

E.L. Pineda, LEGAL ETHICS, 2009 Edition
R.E. Agpalo, LEGAL AND JUDICIAL ETHICS, Eighth Ed., 2009

Other sources

RULES OF COURT

Online sources

www.sc.judiciary.gov.ph
www.ibp.ph
CD Asia Online

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