LEGAL AND JUDICIAL ETHICS

1 MANRESA

Prof. Atty Margarita “Migs” Nograles

I. LEGAL ETHICS

A. Practice of law (Rule 138)

1. Concept
a) Privilege

In Re: Atty Lupeba, A.C. No. 12426 (Resolution), March 5, 2019

Zafra III v. Pagatpatan, A.C. No. 12457 (Resolution), April 2 2019
AA Total Learning Center for Young Achievers, Inc. v. Caronan, A.C. No. 12418,
March 10 2020

b) Profession, not business

Roque Jr v. Armed Forces of the Philippines Chief of Staff, G.R. No. 214986,
February 15 2017, 805 Phil 921-954

2. Qualifications

Caronan v. Caronan, A.C. No. 11316, July 12 2016, 789 Phil 628

3. Continuing requirements for membership in the bar

a. Good moral character

Barrientos vs. Daarol, January 29 1993

b. Citizenship; reacquisition of the privilege to practice law in the Philippines

Re: Petition for leave to Resume Practice of Law, Benjamin Dacanay, 540 SCRA
424
In re Muneses, B.M. No. 2112, July 24, 2012, 691 Phil 583

4. Appearance of non-lawyers
a) Law student practice (Rule 138-A)
b) Non-lawyers in courts
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing

5. Sanctions for practice or appearance without authority

a) Lawyers without authority
b) Persons not lawyers

Yu Kimteng v. Young, G.R. No. 210554, August 5 2015

In Re: Order Dated October 27 2016 Issued by Branch 137 Regional Trial Court
 Makati in Criminal Case No. 14-765 vs. Ramon, A.C. No. 12456 (September 8
2020)

5. Public officials and practice of law

a) Prohibition or disqualification of former government attorneys
b) Public officials who cannot practice law or with restrictions

Tindoy v. Tantay, A.C. No. 8336 (Notice) September 6 2017

6. Lawyers authorized to represent the government

7. Lawyer’s oath

Judge Medel Arnaaldo B. Belen vs. Prosecutors Ernesto Mendoza, A.C. No.
8324, July 19, 2019
Adelfa Properties, Inc. v. Mendoza, A.C. No. 8608 (Resolution), October 16
2019

B. Duties and responsibilities of a lawyer

1. To society

a) Respect for law and legal processes

b) Efficient and convenient legal services
c) True, honest, fair, dignified and objective information on legal services
d) Participation in the improvement and reforms in the legal system
e) Participation in legal education program

2. To the legal profession

a) Integrated Bar of the Philippines (Rule 139-A)

(i) Membership and dues
Legal and Judicial Ethics Syllabus 2 Legal and Judicial Ethics

b) Upholding the dignity and integrity of the profession

Pobre-Holgado v. Pader-Villanueva, A.C. No. 11604 (Notice), June 7 2017

Agustin v. Laeno, A.C. No. 8124 (Resolution), March 19 2019

c) Courtesy, fairness and candor towards professional colleagues

Cruz v. Cabrera, A.C. No. 5737 (Resolution), October 25 2004,

484 Phil 173

d) No assistance in unauthorized practice of law

3. To the courts

a) Candor, fairness and good faith towards the courts

Resolution dated October 11 2017 in OCA IPI No. 16-

4577-RTJ vs. Tacorda, A.C. No. 11925, September 28
2020
Sumlao, Jr. v. Camacho, A.C. No. 10498, September
4 2018

b) Respect for courts and judicial officers

In re: Cecilio Dianco, A.C. No. 7751 (Notice), June 13

2018
De Leon-Diaz v. Calayan, A.C. No. 9252, November
28 2019

c) Assistance in the speedy and efficient administration of justice

d) Reliance on merits of his cause and avoidance of any impropriety which tends
to influence or gives the appearance of influence upon the courts

4. To the clients

a) Availability of service without discrimination

(i) Services regardless of a person’s status
(ii) Services as counsel de officio
(iii) Valid grounds for refusal

b) Candor, fairness and loyalty to clients

(i) Confidentiality rule
(ii) Privileged communications
(iii) Conflict of interest
(iv) Candid and honest advice to clients
(v) Compliance with laws
(vi) Concurrent practice of another profession

c) Client’s moneys and properties

(i) Fiduciary relationship
(ii) Commingling of funds
(iii) Delivery of funds
Legal and Judicial Ethics Syllabus 3 Legal and Judicial Ethics
(iv) Borrowing or lending

d) Fidelity to client’s cause

e) Competence and diligence

(i) Adequate protection
(ii) Negligence
(iii) Collaborating counsel
(iv) Duty to apprise client

Cabalida v. Lobrido Jr, A.C. No. 7972, October 3 2018

f) Representation with zeal within legal bounds

(i) Use of fair and honest means
(ii) Client’s fraud
(iii) Procedure in handling the case
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g) Attorney’s fees
(i) Acceptance fees
(ii) Contingency fee arrangements
(iii) Attorney’s liens
(iv) Fees and controversies with clients
(v) Concepts of attorney’s fees
(a) Ordinary concept
(b) Extraordinary concept

h) Preservation of client’s confidences

(i) Prohibited disclosures and use
(ii) Disclosure, when allowed

i) Withdrawal of services

C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)

1. Nature and characteristics of disciplinary actions against lawyers

a) Sui generis
b) Prescription

2. Grounds

3. Proceedings

4. Discipline of Filipino lawyers practicing abroad

5. Sanctions

In Re: Order Dated October 27 2016 Issued by Branch 137 Regional Trial Court, Makati
in Criminal Case No. 14-765 vs. Ramon, AC No. 12456, September 8 2020
Valmonte v. Quesada Jr, A.C. No. 12487, December 4 2019
Manalang v. Buendia, A.C. No. 12079 (Resolution), November 10 2020
Sison Jr. v. Camacho, A.C. No. 10910 (Formerely CBD Case No. 12-3594, January 12,
2016, 777 Phil 1-16

D. Readmission to the Bar

1. Lawyers who have been suspended

2. Lawyers who have been disbarred
3. Lawyers who have been repatriated

E. Mandatory Continuing Legal Education

1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions

Piczon-Hermoso v. Parado A.C. No. 8116, September 16 2020

Lim v. Suan-Radam, AC No. 12295 (Notice), March 18 2019
6. Bar Matter 2012, Rule on Mandatory Legal Aid Service
Legal and Judicial Ethics Syllabus 5 Legal and Judicial Ethics

F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)

1. Qualifications of notary public

2. Term of office of notary public
Legal and Judicial Ethics Syllabus 6 Legal and Judicial Ethics

3. Powers and limitations

4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity
8. Sanctions

Heirs of Torrices v. Galano, A.C. No. 11870 (Resolution), July 7 2020

Spouses Zialcita v. Latras, A.C. No. 7169 (Resolution), March 11, 2019
Prospero v. Delos Santos, A.C. No. 11583, December 3 2019

G. Canons of Professional Ethics

II. JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial Conduct

B. Qualities
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence

Re: Raphiel Alzate, A.M. No. 19-01-15-RTC, September 1 2020

RE: Analie C. Aldea-Arocena, A.M. No. MTJ-17-1889, September 3 2019

C. Discipline of members of the Judiciary

1. Members of the Supreme Court

a) Impeachment
b) Ethical Lessons from Former Chief Justice Corona’s Impeachment

2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule
140)

3. Grounds

4. Impeachment (ethical aspects)

5. Sanctions imposed by the Supreme Court on erring members of the Judiciary

Office of the Court Administrator v. Alinea Jr., A.M. No. MTJ-05-1574, November 7 2017
Office of the Court Administrator v. Cabrera-Faller, A.M. Nos. RTJ-11-2301, RTJ 11-2302
& 12-9-188 RTC, January 16 2018
Office of the Court Administrator v. Tuazon-Pinto, A.M. No. RTJ-10-2250, October 15
2019
Office of the Court Administrator v. Tormis, A.C. No. 9920 (Resolution), August 30,
2016, 794 Phil 1-31
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D. Disqualification of Justices and Judges (Rule 137)

1. Compulsory
2. Voluntary

E. Powers and Duties of Courts and Judicial Officers (Rule 135)

F. Court Records and General Duties of Clerks and Stenographer (Rule

136) G. Legal Fees (Rule 141)

1. Manner of payment
2. Fees in lien
3. Persons authorized to collect legal fees

H. Costs

1. Recovery of costs (Rule 142)

a) Prevailing party
b) Dismissed appeal or action
c) Frivolous appeal
d) False allegations
e) Non-appearance of witness

Grade components:

Attendance: 10%
Recitation: 25%
Quizzes: 25%
Finals: 40%
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