COURSE OUTLINE IN BASIC LEGAL ETHICS:
PROF. ARNOLD E. CACHO
2nd Semester SY 2021-2022
1.0. INTRODUCTION:
1.01 Preliminary
1.02 Definitions
1.03 Power to regulate practice of law
1.04 Nature of office of attorney
1.05 Privileges of attorney
1.06 Duties of office, generally
1.07 Public versus private and personal duties
1.08 Practice of law a profession
1.09 Necessity of representation by counsel
1.10 Need for, and right to, counsel
1.11 Consequences of denial of right to counsel
1.12 When appearance by counsel not obligatory
1.13 Canons of professional responsibility
2.0. ADMISSION TO PRACTICE
A. JUDICIAL CONTROL
2.01 Admission to practice a judicial function
2.02 Legislative power to repeal, alter or supplement
2.03 Executive power in relation to practice
2.04 Prescribing standards for law schools
B. WHAT CONSTITUTES PRACTICE OF LAW
2.05 Practice of law, generally
2.06 Characteristics of term “practice of law”
2.07 Representation before other agencies
2.08 Activity outside of court
C. WHO MAY PRACTICE LAW
2.10 Persons entitled to practice law, generally
2.11 Right and privilege to practice
2.12 Practice without examination
2.13 Practice without admission
2.14 Right of party to represent the government
2.15 Practice by corporation
2.16 Persons authorized to represent the government
2.17 Disability of public officials to practice
2.18 Liability for unauthorized practice
2.19 Remedies against unauthorized practice
D. QUALIFICATIONS FOR ADMISSION
2.20 Generally
2.21 Citizenship and residence
2.22 Good moral character
2.23 Educational qualifications
2.24 Bar examination
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E. PROCEDURE FOR ADMISSION
2.25 Bar examination committee
2.26 Application and supporting documents
2.27 Disclosure of involvement in any criminal case
2.28 Burden of proof to show qualifications
2.29 Written examinations
2.30 Restrictions to insure integrity in examination
2.31 Correction and revaluation of grades
2.32 Administration of oath
2.33 Issuance of certificate
2.34 Payment of IBP dues and privilege tax
3.0. LAWYER’S DUTIES TO SOCIETY
A. UPHOLDING THE CONSTITUTION AND THE LAW
3.01 Duty to uphold Constitution and obey the law
3.02 Duty not to engage in unlawful conduct
3.03 Duty not to counsel illegal activities
3.04 Duty not to encourage lawsuits
3.05 Duty to encourage amicable settlement
B. MAKING LEGAL SERVICES AVAILABLE
3.06 Generally
3.07 A Lawyer shall not reject the cause of the defenseless
3.08 A Lawyer shall not refuse to render legal advice
3.09 Participating in legal development
3.10 Lawyer shall keep abreast of legal developments
3.11 Mandatory continuing legal education
C. APPLICABILITY OF CODE TO GOVERNMENT LAWYERS
3.12 Code is applicable to government lawyers
3.13 A prosecutor shall see to it that justice is done
3.14 Restrictions on the functions of public prosecutor
3.15 In appeals, the Solicitor General has control
3.16 Role of private prosecutor
3.17 Intervention by private lawyer is subject to prosecutor’s control
3.18 When public prosecutor should take over handling of case
3.19 A Lawyer shall not use his public position to promote his private interest
3.20 Former official may not accept certain employment
4.0. THE LAWYER’S DUTIES TO THE LEGAL PROFESSION
A. UPHOLDING INTEGRITY OF PROFESSION
4.01 Generally
4.02 A person shall make no false statement in his application for admission to the
bar
4.03 A Lawyer shall not support unqualified applicant to the bar
4.04 A Lawyer shall always conduct himself ethically and morally
4.05 Gross immorality reflective of unfitness to practice
4.06 Conviction of a crime involving moral turpitude
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4.07 Commission of fraud or falsehood
B. LAWYER’S RELATION WITH OTHER LAWYERS
4.08 Generally
4.09 Candor, fairness and truthfulness should characterize relations
4.10 A Lawyer shall use temperate language
4.11 A Lawyer shall not encroach upon business of another
4.12 Negotiation with opposite party
4.13 Association as a colleague in a case
C. PREVENTING UNAUTHORIZED PRACTICE OF LAW
4.14 Duty to prevent unauthorized practice of law
4.15 Intervention of intermediary not allowed
4.16 A Lawyer shall not delegate legal work to non-lawyers
4.17 A Lawyer shall not divide fees with non-lawyers
D. SOLICITATION AND ADVERTISING
4.18 A lawyer shall not solicit legal business
4.19 A Lawyer shall not charge lower rates to attract business
4.20 A Lawyer cannot advertise his talent; reasons therefore
4.21 Proper or permissible advertising or solicitation
4.22 Writing legal articles
4.23 Engaging in business or other occupation
4.24 A Lawyer shall make clear whether he is acting in another capacity
4.25 A Lawyer shall not use false statement regarding his qualification or service
4.26 A Lawyer shall not use false or misleading firm name
4.27 A partner who accepts public office should withdraw from the firm; exception
4.28 A Lawyer shall not seek media publicity
E. THE INTEGRATED BAR OF THE PHILIPPINES
4.29 Integration of the bar
4.30 Power to integrate the bar
4.31 Constitutionality of integration
4.32 Purposes and objectives of the Integrated Bar
4.33 Non-political bar
4.34 Membership, resignation, retirement and reinstatement
4.35 Membership dues and effect of nonpayment thereof
4.36 Organization setup
4.37 National officers
4.38 Board of Governors
4.39 House of Delegates
4.40 Chapter government
5.0. LAWYER’S DUTIES TO COURTS
A. LAWYER OWES CANDOR AND FAIRNESS TO THE COURT
5.01 Lawyer’s duties to court, generally
5.02 A Lawyer should be candid and truthful to court
5.03 A Lawyer shall do no falsehood
5.04 A Lawyer should not misquote nor misrepresent
5.05 A Lawyer shall not misuse rules of procedure
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B. OBSERVING AND MAINTAINING RESPECT DUE THE COURTS
AND JUDICIAL OFFICERS
5.06 Respect due to courts
5.07 Obeying court orders
5.08 Defending judges from unjust criticism
5.09 A Lawyer shall appear in proper attire
5.10 Lawyer shall be punctual
5.11 A Lawyer shall abstain from offensive language or behavior
5.12 A Judge should be courteous to lawyer to merit respect
5.13 Upholding court’s authority and dignity
5.14 A Lawyer shall not attribute to a judge improper motives
5.15 A Lawyer shall submit grievances to proper authorities
C. ASSISTING THE COURT IN SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE
5.16 Duty to assist in the administration of justice, generally
5.17 A Lawyer should come to court adequately prepared
5.18 A Lawyer shall not file multiple actions
5.19 Lawyer shall not file multiple actions
5.20 Duty to disclose pending case
5.21 Verification must be signed by party, not his counsel; exception
5.22 Test to determine forum shopping
5.23 Sanctions for violation
5.24 Lawyer to temper client’s propensity to litigate
5.25 A Lawyer shall file his pleadings within the period
5.26 Duty to inform client’s death and change of counsel’s address
5.27 A Lawyer shall not delay nor impede execution of judgment
5.28 Lawyer to discourage appellate review
5.29 A Lawyer shall not talk to a witness during recess
5.30 A Lawyer shall not assist a witness to misrepresent
5.31 Lawyer shall not harass a witness
5.32 A Lawyer shall avoid testifying for a client
D. AVOIDING IMPROPRIETY THAT TENDS TO INFLUENCE THE
COURT
5.33 Lawyer should rely on merits of his case
5.34 A Lawyer shall not extend hospitality to a judge
5.35 A Lawyer shall not publicly discuss pending cases
5.36 Criticism of pending and concluded litigation
5.37 Limitations on right to criticism
5.38 Right and duty of lawyer to criticize courts
5.39 A Lawyer shall not invite judicial interference
6.0. NATURE AND CREATION OF ATTORNEY-CLIENT RELATIONSHIP
A. NATURE OF RELATION
6.01 Nature of client-relationship, generally
6.02 Relation as strictly personal
6.03 Relation as fiduciary and confidential
6.04 Rules protective of relation
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B. RETAINER OR EMPLOYMENT
6.05 Generally
6.06 Necessity of retainer
6.07 Sufficiency of professional employment
6.08 Employment of law firm
6.09 Who can employ attorney
C. ETHICAL NORMS AND RESTRICTIONS
6.10 Generally
6.11 Lawyer shall ascertain possible conflict of interests
6.12 Duty to decline employment
6.13 A Lawyer shall preserve the secrets of a prospective client
6.14 Ethical considerations in taking bad case
D. LAWYER MAY NOT REFUSE HIS SERVICES
6.15 Lawyer as advocate, generally
6.16 A Lawyer shall not decline to represent unpopular clients
6.17 A Lawyer shall not decline appointment by the court or by the IBP
6.18 Frequent appointment of same counsel discouraged
6.19 A Lawyer may refuse to represent indigent on valid grounds
6.20 A Lawyer shall observe the same standard for all clients
7.0. LAWYER’S DUTIES IN HANDLING CLIENT’S CAUSE
A. ENTIRE DEVOTION WITHIN THE LAW
7.01 Generally
7.02 A Lawyer shall perform duty within the law
7.03 A Lawyer shall give candid advice on merits of case
7.04 Duty to comply with client’s lawful request
7.05 Duty to restrain client from impropriety
7.06 A Lawyer shall not undertake influence-peddling
B. EMPLOYMENT OF HONORABLE MEANS
7.07 Duty to employ honorable means only
7.08 Technical defense
7.09 Prosecuting or defending matrimonial cases
7.10 A Lawyer shall rectify client’s fraud
C. WHAT ARE REQUIRED TO PROTECT CLIENT’S INTERESTS
7.11 Generally
7.12 Duration and extent of lawyer’s duty to safeguard client’s interest
7.13 A Lawyer shall render service only when qualified to do so
7.14 A Lawyer shall not handle a case without adequate preparation
7.15 Preparation of pleadings
7.16 Interviewing witnesses
7.17 What to do in case of conflict in trial dates
7.18 Adoption of system to insure receipt of mails
7.19 Notice of change of address
7.20 Notice of death of client
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7.21 Requiring clerk of court to do his duty
7.22 Duty to keep client fully informed
7.23 What is required when moving for time to file pleading or to postpone hearing
7.24 Diligence in handling case
C. STANDARD OF DUTY IN CRIMINAL ACTIONS
7.25 Duty to render effective legal service
7.26 What is required of counsel de oficio
7.27 Duty of defense counsel when accused intends to plead guilty
D. CONSEQUENCES OF FAILURE TO PERFORM DUTIES
7.28 Generally
7.29 Consequences to client for lawyer’s breach of duties
8.0. LAWYER’S FIDUCIARY OBLIGATIONS
A. EFFECTS OF FIDUCIARY RELATION
8.01 Generally
8.02 Dealings with client closely scrutinized
8.03 Abuse of client’s confidence
8.04 Rebates and commissions
8.05 A Lawyer shall not borrow from, nor lend money to client
B. ACCOUNTING OF CLIENT’S FUNDS
8.06 A Lawyer shall account for client’s funds
8.07 A Lawyer shall not commingle client’s funds
8.08 A Lawyer shall deliver funds to client, subject to his lien
C. RESTRICTION AGAINST BUYING CLIENT’S PROPERTY
8.09 Purchase of client’s property in litigation
8.10 Application of rule
8.11 Where rule inapplicable
8.12 Effects of prohibited purchase
8.13 Purchase of choses in action
9.0. LAWYER’S DUTY TO PRESERVE CLIENT’S CONFIDENCE
A. PRESERVATION OF CLIENT’S CONFIDENCE
9.01 Duty to preserve client’s confidence, generally
9.02 Duration of duty
9.03 Reason for the rule
9.04 A Lawyer shall not use client’s secrets without his consent
9.05 A Lawyer shall not give information from his files
9.06 A Lawyer may disclose affairs of client to partners
9.07 A Lawyer shall adopt measures against disclosures of client’s secrets
9.08 A Lawyer shall avoid indiscreet conversation about client’s affairs
9.09 A Lawyer shall not reveal his having been consulted
B. SCOPE OF ATTORNEY-CLIENT PRIVILEGE
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9.10 Requisites of privilege
9.11 Relation of attorney and client
9.12 Confidentiality
9.13 Form or mode of communication
9.14 Persons entitled to claim privilege
9.15 Application of rule
9.16 Privileged matters
9.17 Matters not privileged
9.18 A Lawyer shall not reveal client’s confidence
C. EXCEPTIONS TO RULE ON PRIVILEGE
9.19 Exceptions to rule against disclosure of client’s secrets
9.20 Client’s waiver of privilege
9.21 Disclosure to protect attorney’s rights
9.22 Communications as to crime
9.23 Communications as to fraud
10.0. LAWYER’S DUTIES OF FAIR DEALINGS AND AVOIDING
CONFLICT OF INTERESTS
A. FAIRNESS IN DEALINGS WITH CLIENT
10.01 Duty to be candid, fair and loyal in all dealings with client, generally
10.02 A Lawyer shall ascertain possible conflict of interests
10.03 Duty to decline employment
10.04 A Lawyer shall preserve the secrets of a prospective client
10.05 A Lawyer may act as mediator
B. REPRESENTING CONFLICTING INTERESTS
10.06 A Lawyer shall not represent conflicting interests
10.07 Effect of termination of relation
10.08 Materiality of confidential information
10.09 Foundation of, and reason for, the rule
10.10 Opposing clients in same or related suits
10.11 Opposing clients in unrelated actions
10.12 New client against former client
10.13 Conflicting duties
10.14 Attorney’s interest versus client’s interest
10.15 Rule applicable to law firm
10.16 Limitations on general rule
10.17 Where no conflict of interests exists
10.18 Where clients knowingly consent
10.19 Where no true attorney-client relationship exists
10.20 Effects of representation of conflicting interests
11.0. AUTHORITY OF ATTORNEY
A. IN GENERAL
11.01 Power to bind client, generally
11.02 Attorney as agent of client
11.03 Collection of claims
11.04 Acceptance of service of summons
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11.05 Delegation of authority
11.06 Delegation of legal work
B. AUTHORITY TO APPEAR
11.07 Generally
11.08 Appearance
11.09 General and special appearance
11.10 Presumption of authority
11.11 Presumption disputable
11.12 Disclosure of authority
11.13 Effects of unauthorized appearance
11.14 Ratification of unauthorized appearance
C. CONDUCT OF LITIGATION
11.15 Generally
11.16 Determination of procedural questions
11.17 Making admissions
11.18 Entering into stipulations
11.19 Agreement as to what witness would testify
11.20 Compromise of cause of action
11.21 Effect of want of special authority
11.22 Ratification of unauthorized compromise
11.23 Confession of judgment
11.24 Dismissal of action or withdrawal of appeal
11.25 Client’s right to dismiss or compromise action
11.26 Limitations on client’s right
11.27 Authority after judgment
D. MATTERS IMPUTED TO CLIENT
11.28 Knowledge acquired by attorney
11.29 Notice to counsel as notice to client
11.30 Notice to one as notice to other counsel; Exceptions
11.31 Exceptions to rule that notice to counsel is notice to client
11.32 Mode of service of notice
11.33 Personal service preferred; explanation required
11.34 Mistake or negligence of counsel binding upon client
11.35 Exceptions to rule that negligence of counsel binds client
12.0. TERMINATION OF ATTORNEY’S AUTHORITY AND CHANGE OF
COUNSEL
A. TERMINATION OF COUNSEL’S AUTHORITY
12.01 Generally
12.02 Limitations on client’s right
12.03 Necessity of not6ice of discharge
12.04 Effect of discharge of attorney
12.05 Death or incapacity of client
12.06 A Lawyer shall withdraw only for good cause
12.07 Grounds for withdrawal without client’s consent
12.08 Procedure for withdrawal
12.09 Death of attorney
12.10 Acceptance of incompatible office
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B. CHANGE OR SUNSTITUTION OF COUNSEL
12.11 Change of counsel
12.12 Requirements for substitution
12.13 Defective substitution and effects thereof
12.14 Employment of additional counsel
13.0. COMPENSATION OF ATTORNEY
A. RIGHT TO ATTORNEY’S FEES
13.01 Generally
13.02 Right to protection of counsel fees
13.03 Requisites for right to accrue
13.04 Written agreement
13.05 Quantum meruit
13.06 Who is liable for attorney’s fees
13.07 Liability of persons benefited by counsel’s services
13.08 Liability of assignee
13.09 Liability in labor cases
13.10 Liability in derivative suits
13.11 Liability in receivership proceedings
13.12 Liability in trusteeship or guardianship proceedings
13.13 Liability in estate proceedings
13.14 Who are entitled to or to share in attorney’s fees
13.15 Non-lawyer not entitled to fees
13.16 Restrictions on some lawyers to charge fees
13.17 Right of counsel de oficio to fees
13.18 Attorney’s conduct affecting his right to fees
13.19 Withdrawal of counsel from the case
13.20 Representation of adverse interests
13.21 Lawyer’s right unaffected by client’s conduct
13.22 Attorney’s discharge by client
13.23 Client’s dismissal of action
13.24 Client’s compromise of action
B. CONTRACT FOR ATTORNEY’S FEES
13.25 Generally
13.26 Kinds of retainer: general and special
13.27 Validity of contract
13.28 Effect of nullity of contract
13.29 Effect of unconscionability of amount
13.30 Contingent fee contract
13.31 Validity of contingent fee
13.32 Effect of agreement to pay litigation expenses
13.33 Construction of professional contract
C. MEASURE OF COMPENSATION
13.34 Amount fixed in valid contract
13.35 Amount based on quantum meruit
13.36 Where agreement is invalid
13.37 Where amount stipulated is unconscionable
13.38 Where there is no express contract
13.39 Where attorney and client disregard contract
13.40 Where counsel is precluded from concluding litigation
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13.41 Factors taken into account
13.42 Nature of services
13.43 Skill and standing of attorney
13.44 Value of interest involved
13.45 Loss of opportunity for other employment
13.46 Difficulty of issues involved
13.47 Test case
13.48 Results secured
13.49 Whether fee is contingent
13.50 Capacity of clients to pay
13.51 Statutory limitation as to fees
13.52 Fees in cases of referral
13.53 A Lawyer shall not receive fee from another without client’s consent
13.54 A Lawyer shall avoid controversies with clients concerning his fees
D. PROCEDURE TO RECOVER FEES
13.55 Generally
13.56 Lawyer’s application to pay his fees
13.57 Petition as incident of main action
13.58 Independent civil action
13.59 Remedies in estate proceedings
13.60 Court jurisdiction
13.61 Necessity of hearing
13.62 Defenses
13.63 Execution
E. ATTORNEY’S FEES AS DAMAGES
13.64 Two concepts of attorney’s fees compared
13.65 Fee as damages not recoverable – general rule
13.66 Fees as damages recoverable – exception to rule
13.67 Right to private counsel, a precondition
13.68 Award of attorney’s fees discretionary
13.69 Pleading and practice
14.0. ATTORNEY’S LIENS
A. IN GENERAL
14.01 Generally
14.02 Retaining and charging liens distinguished
B. RETAINING LIEN
14.03 Definition
14.04 Nature and essence of retaining lien
14.05 Requisites for validity
14.06 Property to which lien attaches
14.07 When lien attaches
14.08 Bond for return of documents
14.09 Extinguishment of retaining lien
14.10 Satisfaction of lien
C. CHARGING LIEN
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14.11 Nature and essence of charging lien
14.12 Requisites for validity of charging lien
14.13 Recordal and notice of lien
14.14 To what charging lien attaches
14.15 Effects of charging lien
14.16 Extinguishment of charging lien
14.17 Assignment of charging lien
14.18 Satisfaction of judgment
14.19 Enforcement
15.0. LIABILITIES OF ATTORNEY
A. LIABILITY FOR DAMAGES
15.01 Degree of care required
15.02 Civil liability to client
15.03 Liability for breach of fiduciary obligations
15.04 Civil liability to third party; no counterclaim against him
15.05 Libelous words in pleadings; privileged communication
15.06 Liability for costs of suit
B. CRIMINAL LIABILITY
15.07 Prejudicing client or revealing his secrets
15.08 Representing adverse interests
15.09 Introducing false evidence
15.10 Misappropriating client’s funds
C. CONTEMPT OF COURT
15.11 Nature and purpose
15.12 Kinds of contempt
15.13 Acts constituting contempt
15.14 Misbehavior
15.15 Disobedience
15.16 Publication concerning pending litigation
15.17 Publication tending to degrade the court; disrespectful language in pleadings
15.18 Misleading the court or obstructing justice
15.19 Unauthorized practice of law
15.20 Belligerent attitude
15.21 Unlawful retention of client’s funds
15.22 Penalty for direct contempt; remedy
15.23 Charge and hearing in indirect contempt
15.24 Penalty
16.0. SUSPENSION AND DISBARMENT
A. IN GENERAL
16.01 Generally
16.02 Authority to discipline
16.03 Purpose of disciplinary proceedings
16.04 Administrative cases against lawyers a class of their own
16.05 Duty to discipline or protect lawyers
B. GROUNDS FOR DISCIPLINE
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16.06 Generally
16.07 Enumerated grounds not exclusive
16.08 Misconduct before or incident to admission
16.09 Misconduct committed outside Philippine jurisdiction
C. BREACH OF DUTIES TO COURT
16.10 Generally
16.11 Obstructing justice and abuse of legal process
16.12 Misleading the court
16.13 Forum shopping
16.14 Preferring false charges
16.15 Introducing false evidence
16.16 Blackmail; Violation of Canon 19
16.17 Willfully disobeying court orders and disrespect to court
16.18 Using vicious or disrespectful language
16.19 Continuing to practice after suspension
D. BREACH OF DUTIES TO CLIENT
16.20 Generally
16.21 Negligence in the performance of duties
16.22 Employment of unlawful means
16.23 Deceit or misrepresentation
16.24 Representing adverse interests and revealing client’s secrets
16.25 Purchasing client’s property in litigation
16.26 Failing to account or misappropriating client’s property
16.27 Collecting unreasonable fees
16.28 Acting without authority
16.29 Willfully appearing without being retained
E. BREACH OF DUTIES TO THE BAR
16.30 Unethical conduct, generally
16.31 Defaming fellow lawyers
16.32 Communicating with adverse party
16.33 Encroaching upon business of another
16.34 Soliciting business
16.35 Advertising
16.36 Cooperating in illegal practice of law
16.37 Nonpayment of IBP dues
F. OTHER GROUNDS FOR DISCIPLINE
16.38 Nonprofessional misconduct, generally
16.39 Gross immorality
16.40 Conviction of crime involving moral turpitude
16.41 Promoting to violate or violating penal laws
16.42 Misconduct in the discharging of duties as a public officer
16.43 Commission of fraud or falsehood
16.44 Misconduct as notary public
16.45 Other grounds for discipline
17.0. PROCEDURE FOR DISCIPLINE AND REINSTATEMENT
A. INVESTIGATION OF CHARGES
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17.01 Nature of proceedings
17.02 Proceedings are confidential
17.03 Who and how instituted
17.04 Action on, and investigation of, complaint
17.05 Report of investigator and decision by Board of Governors
17.06 Proceedings in the Supreme Court and by other courts
17.07 Res Ipsa Loquitur
17.08 Defenses generally
17.09 Executive pardon
17.10 Desistance of complainant
17.11 Privileged communications
17.12 Presumption; burden of proof; evidence required
17.13 Modifying circumstances
17.14 Judgment
17.15 Dismissal of case
17.16 Disciplinary sanctions; basic considerations
17.17 Effects of suspension or disbarment
17.18 Reinstatement
17.19 Matters taken into account
17.20 Effect of reinstatement
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18.0. RELATED CASES:
Cases involving social media accounts:
1.0. Antonio Lorenzana vs. Judge Ma. Cecilia I. A.M. No. RTJ-09- 2200,
Austria, RTC, Br. 2, Batangas City Apr. 2, 2014
2.0. US Supreme Court decision involving a Judge whose friend invitation in
her Facebook account was declined.
3.0. Maria Victoria G. Belo-Henares vs. AC 11394:
Atty. Roberto “Argee” Guevarra December 1, 2016
4.0. Rhonda Ave S. Vivares, et. al. G.R. No. 202666, Sept. 29, 2014
vs. St. Theresa’s College, et. al.
Lawyer client relationship created the moment legal advice is sought:
5.0. Burbe vs. Magulta 383 SCRA 2002
A lawyer is not a “gun for hire”:
6.0. Rodolfo Millare vs. Atty. Eustaquio Z. Montero 246 SCRA 1
What constitutes practice of law:
7.0. Cayetano vs. Monsod 201 SCRA 210
Admission to law school an executive function and
Not subject to the SC’s authority to administer admission
to the practice of law
8.0. Pimentel vs. LEB G.R. No. 23064
Sept. 10, 2019
Litigant Preparing his own pleading:
9.0. John Hilario Sibal vs. Pp. G.R. NO. 161070, April
14, 2008
Failure to sign Roll of Attorney’s:
10.0. In Re: Petition to Sign the Roll of Attorney’s B.M. 2530, Sept. 24, 2013
Michael A. Medado
Lawyer acting as his own witness:
11.0. Jonar Santiago vs. Atty. Edison Rafanan A.C. No. 6252 :Oct.
5, 2004
A Lawyer cannot take the law into his own hands:
[Link] Dal-Castaneda vs. Atty. Florencio Narido A.C. No. 11487, November
21, 2016
Concept of Attorney’s Fees/ Contingent Fee:
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[Link] Royal Bank Employees Union-Independent 269 SCRA 273
vs. vs. NLRC
Taganas vs. NLRC 248 SCRA 133
Bar Examinations:
14. 2003 Bar Examinations (February 4, 2004)
15. Judicial Clemency of Atty. Danilo de Guzman (April 24, 2009)
EN BANC
[A.C. No. 3405, March 18, 2014, 730 Phil. 1 ]
JULIETA B. NARAG, COMPLAINANT, VS. ATTY. DOMINADOR M. NARAG,
RESPONDENT.
16. A.M. No. 1162 August 29, 1975
IN RE: VICTORIO D. LANUEVO, former Bar Confidant and Deputy
Clerk of Court, respondent.
A.C. No. 1163 August 29, 1975
IN RE: RAMON E. GALANG, alias ROMAN E. GALANG, 1971 Bar
Examinee, respondent.
A.M. No. 1164 August 29, 1975
IN RE: HON. BERNARDO PARDO, HON. RAMON PAMATIAN,
ATTY. MANUEL TOMACRUZ, ATTY. FIDEL MANALO and ATTY.
GUILLERMO PABLO, JR., Members, 1971 Bar Examining Committee,
respondent.
Disciplinary cases against lawyers:
17 Josellano Guevarra vs. Atty. Jose Emanuel Eala (August 1, 2007)
[Link] vs. Fojas 68 SCRA 284
19. Simon D. Paz vs. Atty. Pepito A. Sanchez: A.C. No. 6125, Sept.19,’06
20. Figueroa vs. Barranco, Jr. 276 SCRA 445
21. Lao vs. Medel 405 SRCA 227
22. Cheng vs. Agravante 426 SCRA 42
23. Rayos-Ombac vs. Rayos 285 SCRA 93
24. Cruz vs. Jacinto 328 SCRA 636
[Link] vs. Meneses 285 SCRA 586
26. Nakpil vs. Valdez 286 SCRA 758
27. Maligsa vs. Cabagting 272 SCRA 408
28. Calub vs. Soller 232 SCRA 556
[Link] vs. Llosa 282 SCRA 248
[Link] Marcelo vs. Atty. Adriano S. Javier, Jr. 214 SCRA 1
[Link] Bank of Silay vs. Pilla 350 SCRA 138
[Link] Sebastian vs. Doroteo Calis 314 SCRA 1
33. Magdaluyo vs. Nace 324 SCRA 384
[Link]-Aw vs. Maglucot 329 SCRA78
35. Camacho vs. Pangulayan 328 SCRA 631
36. Villarin vs. Sabate 325 SCRA 123
37. Regala vs. Sandiganbayan 262 SCRA 122
38. Tiongco vs. Aguilar 240 SCRA 588
39. Benguet Electric Cooperative, inc. vs. Flores 287 SCRA 448
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OTHER CASES ON DISCIPLINARY CASES AGAINST LAWYERS:
40. RE: LETTER COMPLAINT OF MERLITA B. FABIANA AGAINST PRESIDING
JUSTICE ANDRES B. REYES, JR., ASSOCIATE JUSTICES ISAIAS P. DICDICAN
AND STEPHEN C. CRUZ; CARAG JAMORA SOMERA AND VILLAREAL LAW
OFFICES AND ITS LAWYERS ATTYS. ELPIDIO C. JAMORA, JR. AND BEATRIZ
O. GERONILLA-VILLEGAS, LAWYERS FOR MAGSAYSAY MARITIME
CORPORATION AND VISAYAN SURETY AND INSURANCE CORPORATION.
A.M. No. CA-13-51-J , July 2, 2013 (Forum Shopping) ;
41. Re: Letter of the UP Law Faculty Entitled: “Restoring Integrity: A Statement
by the Faculty of the University of the Philippines College of Law on the Allegations of
Plagiarism and Misrepresentation in the Supreme Court.” A.M. No. 10-10-4-SC, March
8, 2011, Open letter of the UP Faculty Members expressing dismay over what
they perceive is the court’s toleration of the plagiarism committed by a colleague I
the high court eliciting a show cause directive to them.
42. Re: Show Cause Order in the Decision dated May 11, 2018, vs. Maria Lourdes
P.A. Sereno, G.R. 18-06-01-SC, July 11, 2018.
(Rule on Sub-judice)
43. HDI Holdings, Philippines, Inc. vs. Atty. Emmanuel Cruz , A.C. No. 11724,
July 31, 2018 (Lawyer misappropriating the funds of his client)
44. Kimeldes Gonzales vs. Atty. Prisco Santos, A.C. 10178, June 19, 2018
(Lawyer mortgaging the title of his client)
45. Atty. Rosita de la Fuente vs. Atty. Bayani Dalangin A.C. No. 10758, Dec. 5. 2017
(Lawyer shouting at disbarment complainant in the lobby of the court)
46. Sps. Partoza vs. Atty. Claro Jordan Santamaria, A.C. No. 11173, June 11, 2018
(Repeated Failure to comply with the CA Orders)
47. Potenciano Malvar vs. Atty. Freddie Fier, A.C. No. 11871, March 5, 2018
(Complaint for disbarment for threatening to sue buyer for failing to pay the full
purchase price dismissed)
48. Atty. Remedios Balbin vs. Atty. Wilfredo Cortez, A.C. No. 11750, Nov. 22, 2017
(Complaint for convincing the opposing party to settle dismissed)
49. Oliver Fabugais vs. Atty. Berardo Faundo, A.C. 10145, June 11, 2018
(Lawyer suspended for sleeping with a married woman despite lack of direct
proof of affair )
50. Atty. Jesus Nicardo M. Falcis vs. Civil Registrar General, G.R. No. 217910
September 9, 2019,
(SC Adominishes lawyer for wearing improper attire in court as well as in
coming up with a half-baked petition coupled with the failure file Memo
on time)
51. AAA vs. Atty. Antonio de los Reyes, A.C. 10021, September 18, 2018
(Sextortion- NHMFC lawyer used his position to successfully demand sex
from his Secretary)
-FIN-
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