Professional Documents
Culture Documents
COLLEGE OF LAW
This course shall focus on the primary canons of legal ethics used in the Philippine legal system,
particularly the Code of Professional Responsibility (CPR) for members of the Bar. This course
hopes to navigate through the different principles, doctrines, and ideas by studying the evolving
jurisprudence, published journal articles, and new statutes pertaining to legal ethics as a
general concept. By the end of this course, the student should be able to understand and
appreciate the duties and responsibilities of the lawyer with respect to his/her client, the court,
the profession and society.
Grading System
Recitation/Quizzes/Reporting 1/3
Midterms 1/3
Finals 1/3
House Rules
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PART 2. UNDERSTANDING LEGAL ETHICS IN CONTEXT
A. Learning Objectives
B. Introductory Readings
A. Learning Objectives
B. READINGS
• Letter of Sen. Jose W. Diokno to his eldest son, Jose Ramon I. Diokno dated October 23,
1972 at http://abogadoparasabayan.blogspot.com/2005_05_01_archive.html
• Justice Pompeyo Diaz (1981), Passion for Justice, 27 Ateneo Law Journal 81 (1983) at
http://www.mostlawfirm.net/resources/insights/passion-for-justice/
• The Lawyer’s Oath - Read, understand, & memorize Lawyer’s Oath. Commit it to heart.
• The Code of Professional Responsibility
• Rules of Court, Rule 138, Sec. 20 (Duties of attorneys)
A. Learning Objectives
• To know how the State regulates the legal profession and entry into the practice of law.
• To know the requirements for admission to the practice of law.
• To understand the importance of good moral character to the practice of law.
• To be able to identify kinds of behavior that fall outside the scope of good moral
character.
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A. Readings
(2) The practice of law and the roles that lawyers play in society
(b) Citizenship
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(a) Requirement to not engage in unlawful, dishonest, immoral, deceitful conduct
• In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar
Examinations, 431 SCRA 146 (2004)
• In re Al C. Argosino, 246 SCRA 14 (1995
• Republic Act No. 8049 (the Anti-Hazing Law)
• Consolidated cases of Villareal vs. People of the Philippines, G.R. No. 151258, People vs.
Court of Appeals, G.R. No. 154954, Dizon vs. People, G.R. No. 155101, and Villa vs.
Escalona, G.R. Nos. 178057 and 178080, February 1, 2012.
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(5) Unauthorized practice of law
(a) In general
• CPR Canon 9
• ROC Rule 138-A - Student practice rule
• Cruz vs. Mina, 522 SCRA 387 (2007)
• Spouses Suarez vs. Salazar, G.R. No. 139281, September 29, 1999
• Aguirre vs. Rana, B.M. No. 1036, June 10, 2003
• Office of the Court Administrator vs. Ladaga, A.M. No. P-99-1287, Jan. 26, 2001
• Alawi vs. Alauya, A.M. No. SDC-97-2-P, February 24, 1997
(f) Others
• In re: Petition to sign roll of attorneys of Michael A. Medado, B.M. No. 2540, 24
September 2013
• Feliciano v. Bautista-Lozada, A.C. No. 7593, 11 March 2015 (effect of suspension)
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• Art. VII, Sec. 13, 1987 Philippine Constitution
• Art. IX (A), Sec. 2, 1987 Philippine Constitution
• Art. VI, Sec. 14, 1987 Philippine Constitution
• RA 7160, Sec. 90 (a), (b)
• RA 6713, Sec. 7 (b) (2)
• Catu v. Rellosa, A.C. No. 5738, February 19, 2008.
Learning Objectives
• Canon 1, CPR
• Rules 1.01 to 1.04, CPR
• In re Gutierrez, 5 SCRA 661 (1962)
• Zaldivar vs. Gonzales, 166 SCRA 316 (1988)
• Estrada vs. Sandiganbayan, 416 SCRA 465 (2003)
• Areola v. Mendoza, A.C. No. 10135, 15 January 2014
• Jimenez v. Verano, A.C. No. 8108 and A.C. No. 10299, 15 July 2014 (Alabang Boys, DOJ
Secretary Raul Gonzalez)
• Guarin v. Limpin, A.C. No. 10576, January 14, 2015
(2) Duty to impress upon client the duty to comply with laws
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(4) Duty to uphold the integrity of the legal system: the special role of the notary public
• 2004 Rules on Notarial Practice, Supreme Court A.M. No. 02-8-13-SC, July 6, 2004
• Rule IV, Sections 1-6
• Rule VII, Sections 1-2
• Rule XI, Sec. 1
• Spouses Santuyo vs. Hidalgo, 448 SCRA 282 (2005)
• Sicat vs. Ariola, 456 SCRA 93 (2005)
• Mondejar vs. Rubia, 496 SCRA 1 (2006)
• Lee vs. Tambago, 544 SCRA 393 (2008)
Notarial duties —!Note the various ways by which the Notarial Rules are violated.
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(4) Valid grounds for refusal
• Canon 4, CPR
(1) In general
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(2) Duty of prosecutors
A. Learning Objectives
B. Readings
(a) In general
•Canon 7, CPR
•Rule 7.03, CPR
•Guevarra v. Atty. Eala, A.C. No. 7136, August 1, 2007.
•See previous cases under Good Moral Character.
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(b) No false statement in application for admission to the Bar
(2) Civility
(a) In general
•Canon 8, CPR
•Bugarin vs. Espanol, 349 SCRA 687 (2001)
•Reyes vs. Chiong, 405 SCRA 212 (2003)
•Barandon vs. Ferrer, 616 SCRA 529 (2010)
•Espina v. Chavez, A.C. No. 7250, April 20, 2015
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•Camacho vs. Pangulayan, 328 SCRA 631 (2000)
•Binay-an v. Addog, A.C. No. 10449, 28 July 2014 (case involved IPs)
(a) Advertising
•Canon 3, CPR
•Rule 3.01, CPR
•Khan v. Simbillo, A.C. No. 5299, August 19, 2003
(c) Solicitation
A. Learning Objectives
• To understand the nature of the attorney’s relationship with the courts, its attendant
roles and responsibilities, and its effects.
• To have a deeper understanding and appreciation of the role of the lawyer as an
administrator of justice and an officer of the court.
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B. Primary Readings
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• Maceda vs. Vasquez, 221 SCRA 464 (1993)
• Canon 13 - Refrain from act giving appearance of influence
• Perez vs. Estrada, 360 SCRA 248 (2001)
• CPR Rule 13.01 - 13.03
• Maglasang vs. People, 190 SCRA 306 (1990)
• CPR Rule 12.02 and Rule 18.02 - Adequate preparation
• CPR Rule 12.02 – 12.04
• Saa vs. IBP-CBD, 598 SCRA 6 (2009)
• Plus Builders, Inc. vs. Revilla, Jr., 578 SCRA 432 (2009)
• CPR Rule 12.05 to Rule 12.07 - Proper behavior
• CPR Rule 12.08 - Not to testify on behalf of client
4) Professionalism
A. Learning Objectives
• To understand the nature of the attorney-client relationship, its attendant roles and
responsibilities, and its effects;
• To have a deeper understanding and appreciation of the role of the lawyer as ethical
adviser, and the lawyer’s potential to influence the client’s behavior, actions, and
decisions.
Questions:
Cases:
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C. Service to the needy, defenseless, and oppressed
• CPR Canon 17
• Angalan vs. Delante, 578 SCRA 113 (2009)
• In re Maquera, 435 SCRA 417 (2004)
• Mattus v. Villaseca, A.C. No. 7922, October 1, 2013
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(2) Duty to give candid, honest advice on merits and prospects of case
(3) Duty to discourage litigation and settle controversies outside of court whenever
possible
• CPR Canon 18
• Tejano v. Baterina, A.C. No. 8235, January 27, 2015
• Llunar v. Ricafort, A.C. No. 6484, June 16, 2015
• Rule 18.01
• Rule 18.02
• Rule 18.03: Not to neglect legal matters
• Endaya vs. Oca, 410 SCRA 344 (2003)
• Carandang vs. Obmina, A.C. No. 7813, April 21, 2009
• Agot vs. Rivera, 732 SCRA 12 (2014)
• Rule 18.04: Inform client of status of case
• Lagua v. Court of Appeals, G.R. No. 173390, June 27, 2012
(5) Duty to represent client with zeal within the bounds of the law
• CPR Canon 19
• CPR Rule 19.01
• CPR Rule 19.02
• CPR Rule 19.03
• Rule 138, Sec. 20 (d)
• Millare vs. Montero, 246 SCRA 1
(6) Duty to impress upon client the duty to comply with laws
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• CPR Rule 1.02: Not to counsel or abet defiance of the law
• CPR Rule 19.02: Call upon client to rectify fraud
• CPR Rule 19.03: Not allow client to dictate procedure in handling case
• Rule 138, Sec. 23: Authority of attorneys to bind clients
• Rule 138, Sec. 26: Procedure for change of attorney
• CPR Canon 13
• CPR Rule 13.01: Not cultivate familiarity with judges
• In re De Vera, 385 SCRA 285 (2002)
• Nestle Phil., Inc. vs. Sanchez, 154 SCRA 542 (1987)
• CPR Rule 15.06: Not to claim influence
• Mercado vs. Security Bank, 482 SCRA 501 (2006)
E. Conflict of interest
Questions:
1) Codal provisions:
• CPR Canon 15
• CPR Rule 14.03 (b)
• CPR Rule 15.01
• CPR Rule 15.03
• CPR Rule 21.07
• CPR Rule 6.03
• Canons 6, Canons of Professional Ethics (CPE)
2) Cases:
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• Hornilla vs. Salunat, 405 SCRA 220 (2003)
• Solatan vs. Inocentes, 466 SCRA 1 (2005)
• Daging vs. Davis, A.C. No. 9395, November 12, 2014
• Aninon vs. Sabitsana, Jr., A.R. No. 5098, April 11, 2012
• Orola vs. Ramos, A.C. No. 9860, September 11, 2013
• PCGG vs. Sandiganbayan, 455 SCRA 546 (2005)
Questions:
1) Codal provisions:
2) Cases:
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• Zalamea v. De Guzman, A.C. No. 7387, November 3, 2016
• CPR Rule 16.01: To account
• Berbano vs. Barcelona, 410 SCRA 258 (2003)
• CPR Rule 16.02: To keep client’s fund separate
• Hernandez vs. Go, 450 SCRA 1 (2005)
• CPR Rule 16.03: Delivery of funds, lawyer’s lien
• Businos vs. Ricafort, 283 SCRA 40 (1997)
• Rayos vs. Hernandez, G.R. No. 169079, February 12, 2007
• CPR Rule 16.04: No borrowing, lending
• Barnachea vs. Quicho, 399 SCRA 1 (2003)
• Navarro vs. Solidum, A.C. No. 9872, January 28, 2014
H. Attorney’s Fees
I. Withdrawal of Services
• Canon 22
• CPR Rule 22.01
• Montano vs. IBP, 358 SCRA 1 (2001)
• CPR Rule 22.02
• Caoile vs. Macaraeg, A.C. No. 720, June 17, 2015
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PART 9. DISCIPLINARY ACTION AND PENALTIES
1. Discipline of lawyers
• Rule 138, Sec. 27 as amended by Supreme Court Resolution dated February 13, 1992
AMENDED SEC. 27, RULE 138:
“SEC. 27. Disbarment or suspension of attorneys by Supreme Court; grounds therefore.
— A member of the bar may be disbarred or suspended from his office as attorney by
the Supreme Court for any deceit, malpractice, or other gross misconduct in such office,
grossly immoral conduct or by reason of his conviction of a crime involving moral
turpitude, or for any violation of the oath which he is required to take before admission
to practice, or for a willful disobedience of any lawful order of a superior court, or for
corruptly or willfully appearing as an attorney for a party to a case without authority so
to do. The practice of soliciting cases at law for the purpose of gain, either personally or
through paid agents or brokers, constitutes malpractice.”
• Rule 139-B
• Supreme Court Bar Matter No. 1755, September 25, 2007
• Yuhico vs. Gutierrez, A.C. No. 8391, November 23, 2010
• Maniago vs. De Dios, A.C. No. 7472, March 10, 2010
• ROC Rule 71 - Direct and indirect contempt
• Legal Opinion: Resolution # 020520
• AC No. 5377 (6/30/2014)
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