PROBLEM AREAS IN LEGAL ETHICS

Philippine Christian University

State Solicitor Erika Frances S. Buluran
2nd Sem., AY 2021-22

COURSE OUTLINE
COURSE OBJECTIVE: To develop competent and socially responsible lawyers among PCU
College of Law graduates.

AUDIENCE: Third Year law students who have earned units in Legal Ethics

CREDIT UNIT: 3

I. THE PRACTICE OF LAW

A. What Constitutes Practice of Law
1. Cayetano v. Monsod, G.R. No. 100113 September 3, 1991
2. Ulep v. The Legal Clinic, Inc., BM 553, June 17, 1993
3. In re Medado, B.M. No. 2540, Sept. 4, 2013

B. Qualifications to the Practice of Law (Sec. 1, Rule 138)

1. Caronan v. Caronan, AC No. 11316, Jul 12, 2016
2. In re Edillon, AM No, 1928, Aug. 3, 1978
3. JK Mercado and Sons, Inc. v. De Vera, Adm. Case No. 3066,
December 3, 2001
4. In re Dacanay, BM 1678, Dec. 17, 2007
5. In re Epifanio Muneses, BM 2112, Jul 24, 2012
6. In re Cuevas, Jr., B.M. 810, Jan. 27, 1998

C. Appearance by Non-Lawyers
1. Limited Law Practice by Law Student under the A.M. No. 19-03-24-
SC (Revised Law Student Practice Rule)
a. Scope of Practice
b. Eligibility/Certification Level Requirements
c. Use of Law Student Practitioner’s Name
d. Law Student Practitioner’s Oath/Affirmation
e. Duties of Law Schools
f. Duties of Supervising Lawyer
g. Sanctions

2. Non-Lawyers in Court
a. Cruz v. Mina, G.R. No. 154207, April 27, 2007
b. Cruz v. Mijares, et al., G.R. No. 154464, Sept. 11, 2008
c. Santos v. Lacurom, A.M. No. RTJ-04-1823 August 28, 2006
d. In re Joaquin Borromeo, 241 SCRA 408 (1995)
e. Catimbuhan, et al. v. Cruz, G.R. No. L-51813-14 November 29,
1983

3. Non-Lawyers in Administrative Tribunals

a. PAFLU v. Binalbagan Isabela Sugar Co., 42 SCRA 302
b. Kanlaon Construction, etc. v. NLRC, et al., G.R. No. 126625
September 18, 1997

4. Proceedings Where Lawyers Not Allowed to Appear

a. Mediation Proceedings before the Philippine Mediation Center
 b. Rules of Procedure for Small Claims Cases, A. M. No. 08-8-7-SC 

D. Sanctions for Unauthorized Appearance by Non-Lawyers, suspended

lawyers
1. Fine, see In re Medado
2. Indirect Contempt (Sec. 3, Rule 71)
3. Criminal Contempt
4. Suspension
5. Disbarment

E. Public Officials and Practice of Law

1. Prohibition against former government attorneys
a. PCGG v. Sandiganbayan, et al., G.R. Nos. 151809-12. April 12,
2005
2. Limited Practice Rule –
a. Javellana v. DILG, G.R. No. 102549, Aug. 10, 1992

F. Lawyers Authorized to Represent the Government

II. THE LAWYER’S OATH

III. FOUR-FOLD DUTIES OF A LAWYER

A. Duties Towards the Court

B. Duties Towards the Profession
C. Duties Towards the Client
D. Duties Towards the Society
1. Rule on Mandatory Legal Aid Service (BM 2012, Feb. 10, 2009)

IV. DISCIPLINE OF LAWYERS

A. Nature and Characteristics of the Proceeding
1. Sui Generis
2. Confidential
3. Prescriptive Period
4. Res ipsa loquitur
5. Who may initiate proceeding
B. Grounds for Disbarment
1. Dizon v. De Taza, A.C. No. 7676, June 10, 2014
2. In re Former ACP Barrozo, A.C. No. 10207, July 21, 2015

V. RE-ADMISSION TO THE BAR

VI. MANDATORY CONTINUING LEGAL EDUCATION

VII. THE LEGAL PROFESSION AND INFORMATION TECHNOLOGY

A. Lawyers and Impact of Social Media in the Practice of Law

 Data Privacy
 Social Media and Advertising of Legal Service
 Cyber-libel
 Safe Spaces Act of 2020

B. Video-Conference Hearings
 Legal basis
 Coverage – scope and limitations
 Basic etiquette
VIII. JUDICIAL ETHICS