UNIVERSITY OF SAN CARLOS
SCHOOL OF LAW AND GOVERNANCE
College of Law
Cebu City
Course Title : Problem Areas in Legal Ethics
Credit : 2 units (2 lecture hours per week)
Prerequisite Course : None
Course Professor : Judge Amy Rose A. Soler-Rellin
Email address : asrellin@[Link]
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COURSE REQUIREMENTS:
1. Regular Attendance;
2. Passing grade in individual and group works;
3. Passing grades in Midterm and Final Exams.
PRESCRIBED TEXTBOOK:
Pineda, Legal Ethics.
Pineda, Judicial Ethics.
Funa, Legal and Judicial Ethics.
GRADE DISTRIBUTION:
Midterm Score Equivalent - 40%
Final Score Equivalent - 40%
Class Standing - 20%
TOTAL 100%
POLICY ON CLASS RECORDINGS AND COURSE MATERIALS:
The course materials are all academic property of the course professor. A student may not record any part of the class by any means, and in exceptional cases that the
student receives written faculty authorization to record a class, the student may not copy or download such recording to a computer or any device for distribution. All course
materials are for the student’s personal education and study. Unauthorized use of the course materials shall be treated as violation of the University policy on honesty as well as
infringement of copyright laws.
COURSE OUTLINE:
LEGAL ETHICS
General Topics Assigned Cases / Study Materials
Introduction Cayetano vs. Monsod, 201 SCRA 210
Legal Ethics, meaning and significance Philippine Lawyer's Association vs. Agrava, 105 Phil 173
Bases of Legal Ethics In Re: Al Argosino, 246 SCRA 14
Definition of Terms commonly used in Legal Ethics In Re: Al Argosino, Bar Matter No. 712, March 19, 1997
Practice of Law In Re: Borromeo, 241 SCRA 405
Practice of Law Concepts: Privilege, Profession (not Business) In Re: Dacanay, B.M. NO. 1678, December 17, 2007
Qualifications for Admission to the Bar Catu vs. Rellosa, AC No. 5738, 19 February 2008
Qualifications for Membership in Good Standing in the Bar Rule 138, Rules of Court
Appearance by non-lawyers (Law Student Practice, Non-Lawyers in Courts and other Tribunals) Rule 138-A, Rules of Court
Proceedings where lawyers are prohibited from appearing
Sanctions for practice or appearance without authority
Public officials and practice of law
Prohibition or disqualification of former government attorneys
Public officials who cannot practice law or with restrictions
Lawyers authorized to represent the government
Lawyer’s oath
Duties and Responsibilities of a Lawyer to Society Canon 1
Bongalonta vs. Castillo, 240 SCRA 310
Canon 1 – Duty to uphold the Constitution and the laws Moreno vs. Araneta, A.C. No. 1109, April 27, 2005
Canon 2 – Duty to be an efficient lawyer Abella vs. Barrios, Jr., A.C. No. 7332, June 18, 2013
Canon 3 – Duty of honest and dignified pronouncement of legal service
Canon 4 – Duty to support the improvement of the legal system Canon 2
Canon 5 – Duty to keep abreast of legal developments Ulep vs. Legal Clinic, Inc., 223 SCRA 378
Canon 6 – The Canons apply to lawyers in government service Villatuya vs. Tabalingcos, A.C. No. 6622, July 10, 2012
Bar Matter No. 2012, February 10, 2009
Canon 3
Khan vs. Simbillo, A.C. No. 5299, August 19, 2003
Syllabus, PALE, Page 2 of 6
Canon 5
Bar Matter No. 850, October 2, 2001
Bar Matter No. 1922, June 3, 2008
OCA Circular No. 79-2014
Canon 6
PCGG vs. Sandiganbayan, G.R. No. 151805 (2005)
Duties and Responsibilities of a Lawyer to the Legal Profession Canon 7
In Re: Meling, B.M. No. 1154. June 8, 2004
Canon 7 – Duty to uphold the dignity of the legal profession Rule 139-A, Rules of Court
Canon 8 – Duty of professional courtesy In Re: Edillon, 84 SCRA 554
Canon 9 – Duty to shun unauthorized practice of law Santos vs. Llamas, A.C. No. 4749, Jan. 20, 2000
Canon 8
Linsangan vs. Tolentino, A.C. No. 6672, September 4, 2009
Canon 9
Noe-Lacsamana vs. Busmente, A.C. No. 7269, November 23, 2011
Duties and Responsibilities of a Lawyer to the Courts Canon 10
Hueysuwan vs. Florido, A.C. No. 5624, Jan. 20, 2004
Canon 10 – Duty of candor, fairness, and good faith to the courts Eternal Gardens Memorial Park vs. CA, G.R. No. 123698, Aug. 5, 1998
Canon 11 – Duty to give respect to the courts
Canon 12 – Duty to assist in the speedy and efficient administration of justice Canon 11
Canon 13 – Duty not to influence judges In Re Almacen, GR No. L-27654, Feb. 18, 1970
Wicker vs. Arcangel, G.R. No. 112869, Jan. 29, 1996
Re: Letter of UP Law Faculty, A.M. No. 10-10-4-SC, March 8, 2011
Canon 12
Nunez vs. Atty. Ricafort, A.C. No. 5054, May 29, 2002
Santiago vs. Atty. Rafanan, A.C. No. 6252, Oct. 5, 2004
Canon 13
Lantoria vs. Atty. Bunyi, A.C. No. 1769, June 8, 1992.
Estrada vs. Sandiganbayan, G.R. Nos.159486-88, November 25, 2003
Syllabus, PALE, Page 3 of 6
Duties and Responsibilities of a Lawyer to the Clients Canon 14
Santiago vs. Fojas, Adm. Case No. 4103, September 7, 1995
Canon 14 – Duty to render legal service to the needy
Canon 15 – Duty of candor, fairness and loyalty to the client Canon 15
Canon 16 – Duty to be a trustee of client’s moneys and properties Northwestern Univ., Inc. vs. Arquillo, A.C. No. 6632. August 2, 2005
Canon 17 – Duty of fidelity to the cause of the client Artezuela vs. Maderazo, A.C. No. 4354, April 22, 2002
Canon 18 – Duty to serve with competence and due diligence PNB vs. Cedo, Adm. Case No. 3701, March 28, 1995
Canon 19 – Duty to serve only within the bounds of law Regala vs. Sandiganbayan, G.R. No. 105938, September 20, 1996
Canon 20 – Duty to charge only fair and reasonable fees
Canon 21 – Duty to preserve the client’s confidence and secrets Canon 16
Canon 22 – Duty to withdraw services only for good cause and upon notice Unity Fishing vs. Atty. Macalino, A.C. No. 4566, December 10, 2004
Junio vs. Atty. Grupo, A.C. No. 5020, December 18, 2001
Pelmoka vs. Judge Diaz, Jr., A.C. No. 2662-CFI, November 26, 1982
Lemoine vs. Balon, Jr. A.C. No. 5829, October 28, 2003
Canon 17
Rosacia vs. Atty. Bulalacao, A.C. No. 3745, October 2, 1995
Lorenzana Food Corp. vs. Daria, A.C. No. 2736, May 27, 1991
Canon 18
Adarne vs. Aldaba, A.C. No. 801, June 27, 1978
Reyes vs. Vitan, A.C. No. 5835, April 15, 2005
Canon 19
Gonzales vs. Sabacajan, Adm. Case No. 4380, October 13, 1995
Canon 20
Leviste vs. CA, G.R. No. L-29184, January 30, 1989
Licudan vs. CA, G.R. No. 91958, January 24, 1991
Retuya vs. Gorduiz, A.C. No. 1388, March 28, 1980
Ramos vs. Ngaseo, A.C. No. 6210. December 9, 2004
Director of Lands vs. Ababa, G.R. No. L-26096 February 27, 1979
Canon 21
Suntay vs. Suntay, Adm. Case No. 1890, August 7, 2002
Canon 22
Montano vs. IBP, A.M. No. 4215, May 21, 2001
Syllabus, PALE, Page 4 of 6
Canoy vs. Ortiz, A.C. No. 5485, March 16, 2005
Administrative Liability and Procedure against Lawyers Bengco vs. Bernardo, A.C. No. 6368, June 13, 2012
Nature and Characteristics of Disciplinary Actions against Lawyers Zaguirre vs. Castillo, A.C. No. 4921, March 6, 2003
Grounds for Suspension or Disbarment of Members of the Bar Fortun vs. Quinsayas, G.R. No. 194578, February 13, 2013
Liabilities of a Lawyer – Administrative, Civil, Criminal Villalon, Jr. vs. IAC, G.R. No. 73751, September 24, 1986
Filipino Lawyer Disciplined/Disbarred in Foreign Jurisdiction Plaza vs. Amamio, A.M. No. P-08-2559, March 19, 2010
Effect of Pardon In re: Maquera, B.M. No. 793, July 30, 2004
Basic Principles in Administrative Proceedings Rule 139, Rules of Court
Procedure in Disbarment and Other Disciplinary Proceedings Rule 139-B, Rules of Court
Readmission/Reinstatement to the Bar
Notarial Practice A.M. No. 02-8-13-SC, as amended
Qualifications of notary public Bautista vs. Bernabe, A.C. No. 6963, February 9, 2006
Term of office of notary public
Powers and limitations
Notarial register
Jurisdiction of notary public and place of notarization
Revocation of commission
Competent evidence of identity
Sanctions
JUDICIAL ETHICS
General Topics Assigned Cases / Study Materials
Sources:
New Code of Judicial Conduct for the Philippine Judiciary
Code of Judicial Conduct
Qualities (New Code of Judicial Conduct for the Philippine Judiciary): Canon 1
Marces, Sr. vs. Arcangel, A.M. No. RTJ-91-712, July 9, 1996
Canon I – Independence In Re: Inting, A.M. No. 11-190-CA-J, April 24, 2012
Canon II – Integrity
Canon III – Impartiality Canon II
Canon IV – Propriety OCA vs. Necessario, et. al., A.M. No. MTJ-07-1691, April 2, 2013
Canon V – Equality Tobias vs. Limsiaco, Jr., A.M. No. MTJ-09-1734, January 19, 2011
Canon VI – Competence and Diligence
Syllabus, PALE, Page 5 of 6
Canon III
Sy vs. Dinopol, A.M. No. RTJ-09-2189, January 18, 2011
Tabora vs. Carbonell, A.M. No. RTJ-08-2145, June 18, 2010
Canon IV
Rubin vs. Aguirre, Jr., A.M. No. RTJ-11-2267, January 19, 2011
Reyes vs. Duque, A.M. No. RTJ-08-2136, September 21, 2010
Umali vs. Villarante, A.M. No. RTJ-08-2124, August 27, 2009
Canon V
Correa vs. Belen, A.M. No. RTJ-10-2242, August 6, 2010
Salazar vs. Marigomen, A.M. No. RTJ-06-2004, October 19, 2007
Uy vs. Javellana, A.M. No. MTJ-07-1666, September 5, 2012
Canon VI
Valdez vs. Torres, A.M. No. MTJ-11-1796, June 13, 2012
OCA vs. Leonida, A.M. No. RTJ-09-2198, January 18, 2011
OCA vs. Floro, Jr., A.M. No. RTJ-99-1460, March 31, 2006
Disqualification of Justices and Judges Rule 137, Rules of Court
Compulsory Disqualification The Incorporators of MII vs. UCCP, G.R. No. 171765, March 21, 2012
Voluntary Inhibition Pagoda Phils. vs. Univ. Canning, G.R. No. 160966, October 11, 2005
Barnes vs. Reyes, G.R. No. 179583, September 3, 2009
Martinez vs. Gironella, G.R. No. L-37635, July 22, 1975
Discipline of Members of the Judiciary Articles of Impeachment against CJ Renato Corona
Administrative Charges/Offenses and their Penalties Verdict, Corona Impeachment
Res Ipsa Loquitur Rule 140, Rules of Court
Automatic Conversion SC Adm. Circular No. 1, January 28, 1988
Judicial Immunity A.M. No. 02-9-02-SC
Effect of Resignation, Death, Separation from Service Samson vs. Caballero, A.M. No. RTJ-08-2138, August 5, 2009
Basic Principles De la Paz vs. Adiong, A.M. No. RTJ-04-1857, July 29, 2005
IMPCT vs. Davide, A.C. No. 7197, January 23, 2007
Syllabus, PALE, Page 6 of 6
