UNIVERSITY OF THE PHILIPPINES

COLLEGE OF LAW
Diliman, Quezon City

LEGAL PROFESSION
2nd Semester, AY 2021-2022
Prof. Michelle B. San Buenaventura-Dy

Note to Students

Attendance will be checked. Recitation will be conducted and graded every class.

Grading: Final grade will be based on the following:

(a) Recitation [30%]
(b) Quizzes [30%]
(c) Final examination [40%]

Primary Sources:
The 1987 Constitution, Rules of Court, Code of Professional Responsibility, New Code of
Judicial Conduct, Supreme Court Decisions

Reference:
Agpalo, Ruben, The Code of Professional Responsibility (2009)

Course Description:
The history, development, current problems, and role of the legal profession in the
Philippines, over and above instructional legal ethics.

LEGAL PROFESSION

Week 1

Factual • Understand and recall the legal basis of supervision and discipline of
Knowledge lawyers
• Understand and recall the definition of practice of law
• Understand the role of the legislative branch in the regulation of the
legal profession
Conceptual • Analyze and evaluate the scope of the concept of “practice of law”
Knowledge • Differentiate between a right and a privilege
Skills • Search for and recognize rules related to the supervision and discipline
of lawyers

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Values • Respect for the role of the legal profession in the rule of law and social
development
• Respect for the authority of the Supreme Court over lawyers
• Appreciation for the privilege of practicing law

A. Supervision and Control

Supreme Court – Constitution Art. VIII, Sec. 5 (5)
Congress – Constitution Art. XII, Section 14 par. 2 and Art. XVIII, Sec. 10

In the matter of the IBP, Supreme Court Resolution dated January 9, 1973,
49 SCRA 22 (1973)
In re Cunanan, 94 Phil 534 (1954)

B. Practice of Law
Cayetano v. Monsod, 201 SCRA 210 (1991)
In re Michael Medado to Sign Roll of Attorneys After Taking Oath, B.M.
No. 2540, 24 September 2013, 706 SCRA 264 (2013)

Optional reading:
Paguia v. Office of the President, G.R. No. 176278, 22 June 2010, 621 SCRA
600 (2010)

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

Week 2

Factual • Understand and recall the requirements for admission to the bar.
Knowledge • Understand the role of the LEB in regulating legal education.
• Understand and recall the circumstances under which non-lawyers
may perform acts that constitute the practice of law.
• Understand and recall restrictions and prohibitions applicable to
government lawyers.
• Understand and recall the lawyer’s oath.
Conceptual • Analyze and evaluate the requirements for admission to the bar.
Knowledge • Understand principles and issues related to the requirements for
admission to the bar:
o Baseline competence and skill sets for legal practitioners
o Specialization of legal practice
o Internationalization of legal practice
o Legal services technology
• Understand the importance of possession of good moral character in
gaining the confidence of the public in the courts of law and the legal
system
• Distinguish right from privilege with respect to practice of law
Skills • Recognize valid and invalid regulations on legal education.
o Recite the lawyer’s oath from memory.
Values • Appreciation for the extent of the training and evaluation required
prior to the admission of law.

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 • Responsibility to develop a high degree of learnedness and
competence.
• Sensitivity to instances when acts constituting practice of law may not
be authorized.
• Responsibility for complying with the lawyer’s oath.

A. Legal Education
Pre-Law: Rule 138, Sec. 6, Rules of Court
Law Proper: Rule 138, Secs. 2 and 5, Rules of Court

See also:
Republic Act No. 7662 (1993) – Legal Education Reform Act
LEB, Policies and Standards of Legal Education and Manual of Regulations for Law
Schools (2011) (available at Reserve Section)
BM No. 1552-A Guidelines on Legal Apprenticeship in the Supreme Court and Other
Collegiate Courts, July 23, 2002
A.M. No. 15-04-03-SC, Re Letters of Justice Jose C. Vitug, Founding Dean of Angeles
University Foundation (AUF) School of Law, and of Judge Ave A. Zurbito-Alba,
Municipal Trial Court, Daraga, Albay, dated 29 January 2015, 16 June 2015
A.M. No. 17-03-09-SC, 23 October 2017, Rule on Community Legal Aid Service –
includes those who will pass the 2017 Bar Examinations and are admitted to the Bar
in 2018

Caronan v. Caronan, A.C. No. 11316, July 12, 2016

B. Citizenship
Constitution, Art. XII, Sec. 14 (2)
Republic Act No. 9225 (2003) – Dual Citizenship Act

Petition to Re-Acquire the Privilege to Practice Law by Epifanio Muneses,

B.M. No. 2112, July 24, 2012, with accompanying Supreme Court
Resolution En Banc, July 24, 2012

C. Bar Examinations
Rules of Court 138, Secs. 7-16
Re: 2003 Bar Examinations, Atty. Danilo de Guzman, B.M. No. 1722, April 24,
2009

See also:
Bar Matter No. 1153, March 9, 2010, Re: Letter of Atty. Estelito P. Mendoza Proposing
Reforms in the Bar Examinations Through Amendments to Rule 138, secs. 5 & 6 of
the Rules of Court
Reforms in the Bar Examinations, B.M. No. 1161, June 8, 2004 (Reserved Section)
2010 Bar Matter No. 2265, January 28, 2001 re Reforms in the Bar Examinations
Bar Matter No. 2502, March 20, 2012
F.P. Feliciano, Random Reflections on the Bar, Corruption, and the Practice of Law, 58
PHIL. L.J. 225-240 (2012)

D. Good Moral Character as a Prerequisite to Bar Admission

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 Rule 138, Sec. 27
In re Al C. Argosino, 246 SCRA 14 (1995)
In the Matter of the Disqualification of the Bar Examinee Haron S. Meling
in the 2002 Bar Examinations, 431 SCRA 146 (2004)
In re Gutierrez, 5 SCRA 661 (1962)
Caronan v. Caronan, supra

See also:
Dela Fuente Torres v. Dalangin, AC No. 10758, December 5, 2017.

E. Law Student Practice Rule

Revised Rule 138-A, Law Student Practice, A.M. No. 19-03-24-SC takes effect at
the start of Academic Year, 2020-2021, following its publication in 2
newspapers of general circulation

F. Non-Lawyers Authorized to Appear in Courts/Quasi-Judicial Agencies

Rules of Court, Rule 138, Secs. 33 and 34
Act No. 2259, Sec. 9
Labor Code, Article 222
Department of Agrarian Reform Adjudication Board (DARAB) Rules of
Procedure – RA 6657 as amended by RA 9700, Rule VIII, Sec. 1
Local Government Code (RA 7160), Sec. 415 (1991)
The Revised Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC,
effective February 1, 2016, Secs. 18 and 19
HLURB Resolution No. 980 Series of 2019, Rule 3, Section 11

Malecdan v. Baldo, A.C. No. 12121, June 27, 2018

Cruz v. Mina, 522 SCRA 387 (2007)
Cruz v. Mijares, G.R. No. 154464, September 11, 2008

G. Restrictions/Prohibitions on Government Lawyers

1) Public officials who cannot practice law

a) President, Vice-President, Members of the Cabinet, their deputies and
assistants (1987 Constitution, Art. VII, Sec. 13)
b) Members of the Constitutional Commissions (1987 Constitution, Art. IX-
A, Sec. 2)
c) Ombudsman and their deputies (1987 Constitution, Art. XI, Sec. 8, 2nd
para.)
d) Judges and court employees of superior courts (Rules of Court, Rule 138,
sec. 35)
e) All governors, city and municipal mayors (RA 7160, Sec. 90)
f) Solicitors and trial lawyers of the OSG (Rules of Court, Rule 138, Sec. 35)
g) Government prosecutors under the DOJ
People v. Villanueva, 14 SCRA 109
Spouses Eustaquio v. Morales, A.C. No. 10465, 08 June 2016

h) PAO lawyers - Ramos v. Imbang, AC No. 6788, 23 August 2007

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 i) Those who by special law are prohibited from practicing law

See Also : Rep. Act 10149 [GOCC Governance Act of 2011]

Rep Act 6713, sec. 7 (b)(2) [Code of Conduct and Ethical Standards
for Public Officials and Employees]

Conditions for permission – Rev. Civil Service Rules, Rule XVII, sec. 12

H. Lawyer’s Oath
Supreme Court Resolution dated October 25, 1979, Revised Rules of Court, Form
28; 91 SCRA XV

PART I
CODE OF PROFESSIONAL RESPONSIBILITY

A. THE LAWYER AND SOCIETY

Week 3

Canon 1 Promote and Respect Law and Legal Process

Factual • Know and understand Canon 1 and its Rules
Knowledge • Understand what acts constitute violations of Canon 1 and its Rules
o unlawful
o deceitful
o dishonest
o immoral
o counselling to defy law
o encouraging lawsuits
Conceptual • Understand the relation of Canon 1 and its Rules to the lawyer’s duty towards
Knowledge society
• Understand the importance of compliance of lawyers to Canon 1 and its Rules
Skills • Identify when a potential act will constitute a violation of Canon 1 and its Rules
• Identify ways to avoid litigation
Values • Respect for the rule of law and legal processes and their role in the administration
of justice
• Model law-abiding behavior as officers of the court and representatives of the
legal profession
• Respect and follow the law and rules, even when it means going against the
interest of the client or the lawyer’s personal interest
• Recognize that client’s interest is not always paramount

Canon 1 Promote and Respect Law and Legal Process

Zaldivar v. Gonzales, 166 SCRA 316 (1988)

Rule 1.01 – No Unlawful, Dishonest, Immoral, Deceitful Conduct

People v. Abordo, 58 Phil 350 (1933)
Ui v. Bonifacio, 333 SCRA 38 (2000)

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 Figueroa v. Barranco, 276 SCRA 445 (1997)
Pimentel v. Llorente, 339 SCRA 154 (2000)
Macarrubo v. Macarrubo, A.C. No. 6148, February 27, 2004
People v. Tuanda, 18 SCRA 692 (1990)
Castillo vda. de Mijares v. Villaluz, 274 SCRA 1 (1997)
Stemmerik v. Mas, 589 SCRA 114 (2009)
Ventura v. Samson, 686 SCRA 430 (2012)
Sison v. Camacho, A.C. No. 10910, January 12, 2016
Madria v. Rivera, A.C. No. 11256, March 7, 2017
Freeman v. Zenaida P. Reyes, A.C. No. 6246, November 15, 2011
Hosoya v. Contado, A.C. No. 10731, October 5, 2021

Optional readings:
Spouses Asuncion v. Bassig, A.C. No. 11830, July 30, 2019
Ecraela v. Pangalangan, A.C. No. 10676, September 8, 2015
Cordova v. Cordova, 179 SCRA 680 (1989)
In re Gutierrez, Adm. Case No. 363, July 31, 1962, 5 SCRA 661 (1962)
Bernasconi v. Demaisip, A.C. No. 11477, January 19, 2021

Rule 1.02 – No Counseling to Defy Law

In re Terrell, 2 Phil 266 (1903)
Kupers v. Hontanosas, 587 SCRA 325 (2009)
Coronel v. Cunanan, AC No. 6738, August 12, 2015, 766 SCRA 258 (2015)

Optional readings:
Estrada v. Sandiganbayan, 416 SCRA 465 (2003)
Cobalt Resources, Inc. v. Aguado, A.C. No. 10781, April 12, 2016

Rule 1.03 – Not to Encourage Lawsuit or Proceedings

Rule 1.04 – Encourage Client to Avoid Controversy

Castaneda v. Ago, 65 SCRA 505 (1975)

Week 4

Canon 2 Provide Efficient and Convenient Legal Services

Factual • Know when a lawyer can validly reject to represent indigent clients
Knowledge • Know what else to do in case the lawyer has no choice but refuse to accept the case
of the person concerned
• Know what is considered solicitation of legal business
• What are expressly allowed advertisements/solicitations
Conceptual • Understand the difference between counsel de oficio and counsel de parte
Knowledge • Understand why a lawyer is not allowed to perform acts which constitute
solicitation of legal business
• Understand what is ambulance chasing
• Understand why a lawyer is proscribed from charging rates lower than those
customarily allowed, unless warranted by circumstances

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 Skills • Making legal services known without violating Canon 2 on the prohibition on
solicitation of legal business
Values • Understand that one of the duties of a lawyer is to represent the poor and the
oppressed in the prosecution of their claims or in the defense of their rights
• Take pride in the dignity of the legal profession

Canon 2 Provide Efficient and Convenient Legal Services

Rule 2.01 – Not to Reject Except for Valid Reasons the Cause of the Defenseless
or Oppressed
Rep. Act No. 9999 (2006), Legal Aid Law
Rep. Act No. 10389, Recognizance Act of 2012
Rule on Community Legal Service, A.M. No. 17-03-09-SC, 23 October 2017
(note: this is currently suspended)
Ledesma v. Climaco, 57 SCRA 473 (1974)

See also:
IBP Handbook, Guidelines Governing the Establishment and Operation of Legal
Aid Office, Art. 1, Section 1 (Reserve Section)
*Note: RA 9406 (PAO Law)

Rule 2.02 – Not to Refuse to Give Legal Advice

See: Atty. Rogelio S. Constantino v. Atty. Nemesis Aransazo,Jr., A.C. No. 9701,
Feb. 10, 2021 (on the commencement of the attorney-client relationship)

Rule 2.03 – No Solicitation

Rule 138, Section 27, Rules of Court
In re Tagorda, 53 Phil 37 (1929)
Ulep v. Legal Clinic, 223 SCRA 378 (1993)
Linsangan v. Tolentino, 598 SCRA 133 (2009)
Palencia v. Linsangan, A.C. No. 10557, July 10, 2018

See also:
Villatuya v. Tabalingcos, 676 SCRA 37 (2012)

Rule 2.04 – No Rates Lower Than Customarily Charged

Canon 3 Information on Legal Services that is True, Honest, Fair, Dignified and
Objective
Factual • Know what kind and manner of advertising is considered true, honest, fair,
Knowledge dignified and objective
• What constitutes a false or misleading firm name
• Which names in the law firm are allowed to be included and which are not
Skills • How to advertise and make known legal services while maintaining the dignity
of the legal profession and without running afoul of Canon 3
Values • Understand that the dignity of the legal profession requires the use only of
fair, accurate, objective and dignified means of making legal services known

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 •

Canon 3 Information on Legal Services that is True, Honest, Fair, Dignified and
Objective

Rule 3.01 – No False or Unfair Claim re; Qualifications

Khan v. Simbillo, 409 SCRA 299 (2003)

Rule 3.02 – No False or Misleading Firm Name

Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985)

See also:
In re Petition of Sycip, G.R. No. X92-1, July, 30, 1979, 92 SCRA 1 (1979)
Nebreja v. Reonel, A.C. No. 9896, March 19, 2014, 719 SCRA 385 (2014)

Optional reading:
Yu Kimteng vs Young (GR No. 210554, 05 August 2015)

Rule 3.03 – Partners Assuming Public Office

Constitution Art. VI, Sec. 14; Art. VII, Sec. 13; Art. IX, Sec. 2

See also:
Samonte v. Gatdula, 303 SCRA 756 (1999)

Rule 3.04 – Not to Use Media to Attract Legal Business

See also:
Cruz v. Salva, 105 Phil 1151 (1959)

Canon 4 Participate in Improvement of the Legal System: Support Law Reforms

and Administration of Justice

Canon 5 Participate in Legal Education Program

Factual • Know what are the requirements of MCLE

Knowledge • Know when a lawyer needs to comply with the MCLE requirement
• Know what a litigation lawyer needs to indicate in pleadings with respect to
MCLE compliance
Values • Recognize the importance of keeping abreast of legal developments
• Be proactive in updating oneself of legal developments

Canon 5 Participate in Legal Education Program

Bar Matter 850, October 2, 2001, Mandatory Continuing Legal Education

amended by Sup. Ct. Reso., dated 17 February 2015 and effective 01 March
2015, amendment of Rule 7, sec. 2(a), effective 24 June 2015

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 Bar Matter No. 1922, dated June 3, 2008 - amended
See also:
Letter of Atty. Rodrigo Cruz Lim to Justice Roberto A. Abad, G.R. No.
191837, July 20, 2013

Supreme Court Resolution dated January 14, 2014

See also:
Rodriguez Manahan v. Flores, A.C. No. 8974, November 13, 2013, 709
SCRA 297 (2013)
Rivera-Pascual v. Spouses Lim, G.R. No. 191837, September 19, 2012, 681
SCRA 429 (2012)
Kho v. Uy Lampasa, AC No. 11584, March 6, 2019

OCA Circular No. 79-2014 dated 26 May 2014, citing SC En Banc

resolution dated January 14, 2014 (amending Bar Matter No. 1922, June 3,
2008)

Turla v. Atty. Caringal, A.C. No. 11641, March 12, 2019

Week 5

Canon 6 Canons Apply to Lawyers in Government Service

Factual • Understand the applicability of the Code of Professional Responsibility

Knowledge to lawyers employed in government service.
• Know other applicable ethical standards set forth in the Code of
Conduct and Ethical Standards for Public Officials and Employees and
the Anti-Red Tape Act.
• Know the procedure for disciplinary actions against lawyers who are in
government service.
Conceptual • When a lawyer in government service can be disciplined
Knowledge for acts performed

Skills • Be familiar with the specific ethical standards and rules that apply to
lawyers in government service.
Values • Recognize the higher standard expected of lawyers in government
service, owing to the principle that a public office is a public trust.

Canon 6 Canons Apply to Lawyers in Government Service

RA 6713 (1989), Section 4

Collantes v. Renomeron, 200 SCRA 584 (1991)
Office of the Court Administrator v. Ladaga, 350 SCRA 326 (2001)
Pimentel v. Fabros, 501 SCRA 346 (2006)
Pelipel v. Avila, A.C. No. 7578, August 14, 2019
Sismaet v. Cruzabra, A.C. No. 5001, September 7, 2020

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 See also:
Berenguer-Landers v. Florin, A.C. No 5119, April 17, 2013, 696 SCRA 589
Segura v. Prosecutor Garachico-Fabila, A.C. No. 9837, September 2, 2019

Rule 6.01 – Primary Duty: That Justice is Done

People v. Pineda, 20 SCRA 748 (1967)

Rule 6.02 – Not to Use Public Position for Private Interest

Vitriolo v. Dasig, 400 SCRA 172 (2003)
In re Avecilla, A.C. No. 6683, June 21, 2011
Facturan v. Barcelona, A.C. No. 11069, June 8, 2016
Ramos v. Imbang, AC No. 6788, 23 August 2007

See also:
Misamin v. San Juan, 72 SCRA 491 (1976)

Optional:
Ali v. Bubong, AC No. 4018, March 8, 2005, 453 SCRA 1 (2005)
Huyssen v. Gutierrez, 485 SCRA 244 (2006)
PNB v. Cedo, A.C. No. 3701, March 28, 1995, 243 SCRA 1 (1995)

Rule 6.03 – Not to Accept Employment After Government Service

RA 6713, Sec. 7 (b) (2)
RA 3019, Sec. 3 (d)
RA 9485 (2007) – The Anti-Red Tape Act of 2007, as amended by RA 11032
(2018)

PCGG v. Sandiganbayan, 455 SCRA 526 (2005)

Query of Atty. Karen M. Silverio Buffe, 596 SCRA 3787 (2009)
Pasok v. Zapatos, A.C. No. 7388, October 19, 2016
Trovela v. Robles, st al, A.C. No. 11550, June 4, 2018

B. THE LAWYER AND THE LEGAL PROFESSION

Canon 7 Uphold Dignity and Integrity of the Profession

Factual • Understand the nature and purpose of the Integrated Bar of the
Knowledge Philippines.
• Know the duties and rules pertaining to membership in the IBP.
• Know the standard expected of lawyers in both their public and
private lives
• Know who is an unqualified bar applicant
Skills • Act truthfully in disclosing one’s qualifications in support of his
application to admission to the bar.
• Demonstrate knowledge of the rules concerning election of officers and
membership in the IBP.
• Exhibit integrity when participating in the activities of the IBP.
• Carry oneself with integrity as a lawyer and refrain from doing acts that
are prejudicial to the legal profession.

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 Values • Respect for the Integrated Bar of the Philippines and to the legal
profession as a whole.

Canon 7 Uphold Dignity and Integrity of the Profession

In re 1989 Elections of the IBP, 178 SCRA 398 (1989)

Fernandez v. Grecia, 223 SCRA 425 (1993)
Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005)

RA 6397 – Integrated Bar of the Philippines

Rules of Court, Rule 139-A, Secs. 9 and 10

Rule 7.01 – No False Statement

In re Diao, 7 SCRA 475 (1963)

Rule 7.02 – Not to Support Unqualified Bar Applicant

Rule 7.03 – No Conduct Adversely Affecting the Profession

Zaguirre v. Castillo, 398 SCRA 659 (2003)
Tapucar v. Tapucar, 293 SCRA 331 (1998)
Guevarra v. Eala, 517 SCRA 600 (2007)
Advincula v. Macabata, 517 SCRA 604 (2007)

Optional readings:
Santos, Jr. v. Llamas, 322 SCRA 529 (2000)
Velez v. de Vera, 496 SCRA 345 (2006)
2009 IBP Elections, 638 SCRA 1 (2010)
Velasco-Tamaray v. Daquis, AC No. 10868, January 26, 2016
Tan v. Sabandal, 206 SCRA 473 (1992)
Tiong v. Florendo, A.C. No. 4428, December 12, 2004
Canlapan v. Belayo, AC No. 10605, February 17, 2016
Krursel v. Abion, A.C. No. 5951, July 12, 2016
Fortune Medicare, Inc. v. Lee, A.C. No. 9833, March 19, 2019?
Re: Anonymous complaint against Atty. Co Untian, A.C. No. 5900, April
10, 2019
Chan v. Carrera, A.C. No. 10439, September 3, 2019

Canon 8 Courtesy, Fairness, Candor Towards Professional Colleagues

Factual Knowledge
• Know the duties owed to other members of the legal profession.
Conceptual • Understand what language is considered abusive
Knowledge

Skills • Act towards other members of the legal profession with respect,
courtesy and propriety.
Values • Respect for other members in the legal profession.

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Canon 8 Courtesy, Fairness, Candor Towards Professional Colleagues

Bugaring v. Español, 349 SCRA 687

Reyes v. Chiong, 405 SCRA 212 (2003)
Mendoza v. Gadon, A.C. No. 11810, June 26, 2019 (Notice)

Optional reading:
Torres v. Javier, A.C. No. 5910, 21 September 2005, 470 SCRA 408 (2005)
Commission of Internal Revenue v. Asalus Corp., G.R. No. 221-590,
February 20, 2017

Rule 8.01 – No Abusive and Improper Language

Dallong-Galicinao v. Castro, 474 SCRA 1 (2005)
Barandon v. Ferrer, 616 SCRA 529 (2010)
Belo-Henares v. Guevarra, A.C. No. 11394, December 12, 2016
Calapan v. Balayo, A.C. No. 10605, 17 February 2016, 784 SCRA 135 (2016)
Canete v. Puti, A.C. No. 109498, August 14, 2019

Optional readings:
Alcantara v. Pefianco, 393 SCRA 247 (2002)
Sanchez v. Aguilos, AC No. 10543, March 16, 2016
Roque v. Balbin, A.C. No. 7088, December 4, 2018

Rule 8.02 – Not to Encroach on Professional Employment

Camacho v. Pangulayan, 328 SCRA 631 (2000)
Linsangan v. Tolentino, supra

Canon 9 Unauthorized Practice of Law

Factual
Knowledge • Understand what constitutes unauthorized practice of law
• Know when a lawyer may validly divide legal fees with a non-
lawyer
Conceptual • Understand why dividing fees with a non-lawyer is, in general,
Knowledge not allowed

Skills
• Refrain from engaging in acts that are considered unauthorized
practice of law or supporting such practice.
Values • Recognize the limitations imposed upon lawyers in the practice
of law

Canon 9 Unauthorized Practice of Law

Exception: Rules of Court, Rule 138-A

Spouses Suarez v. Salazar, 315 SCRA 502 (1999)

Aguirre v. Rana, 403 SCRA 342 (2003)

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 Alawi v. Alauya, 268 SCRA 639 (1997)
In re Medado, supra

Rule 9.01 – Not to Delegate Work

Rule 9.02 – Not to Divide Legal Fees

Halili v. CIR, 136 SCRA 113 (1985)
Lijauco v. Terrado, 500 SCRA 301 (2006)

C. THE LAWYER AND THE COURTS

Week 6

Canon 10 Observe Candor, Fairness and Good Faith

Factual
Knowledge • Understand our duty of truthfulness as officers of the Court.
• Understand our obligation not to misquote or misrepresent
contents of submissions to the Court.
o Know the importance of proper citation and attribution.
• Understand the importance of following the rules of procedure
and not to use the same to defeat the ends of justice.
Skills
• Recognize the level of accuracy required when quoting
jurisprudence or citing references.
• Analyze and evaluate when misquotation or misrepresentation
are deemed violative of Canon 10 by the Supreme Court.
Values • Championing a client’s cause should not be made at the expense
of truthfulness and good faith.
• Respect for the rule of law and legal processes and our role in
the administration of justice.

Canon 10 Observe Candor, Fairness and Good Faith

Ting Dumali v. Torres, 427 SCRA 108 (2004)

Optional reading:
Masinsin v. Albano, 232 SCRA 631 (1994)
In re Lozano, A.M. No. 10-1-13-SC & 109-9-SC, June 15, 2012 (not in SCRA)

Rule 10.01 – Truthfulness Towards the Court

Young v. Batuegas, 403 SCRA 123 (2003)
Vasco-Tamaray v. Daquis, AC No. 10868, January 26, 2016

Rule 10.02 – Not to Misquote or Misrepresent Contents of Paper

Insular Life Employees Co. v. Insular Life Association, 37 SCRA 244 (1971)
Hipos, Sr. v. Bay, 581 SCRA 674 (2009)
Plagiarism Cases

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 Re Letter of the U.P. Law Faculty
633 SCRA 418 (2010)
644 SCRA 543 (2011)
In the Matter of Charges of Plagiarism against Associate Justice
Mariano C. del Castillo, 642 SCRA 11 (2011)
Cf. Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 2010

Rule 10.03 – Observe Rules of Procedure

Rivera-Pascual v. Lim, 681 SCRA 429 (2012)
Cobb-Perez v. Lantin, 24 SCRA 291, July 29, 1968 (1968)

Rule 138, Sec. 20 (d), Rules of Court

Canon 11 Respect Courts and Judicial Officers

Factual • Understand the importance of respecting the Courts in
Knowledge strengthening confidence in the judiciary and the judicial
process.
• Know that respect to the Courts is evaluated through
appearance, attendance and behavior before the Courts.
• Understand that imputations against Judges must not be empty
accusations but must be supported by records.
• Understand grievances against officers of the Court must be
submitted to proper authorities.
Skills • Understand the delicate balance of criticizing or commenting a
decision of the Court versus attacking its honesty and integrity.
• Know the difference between direct and indirect contempt.
• Recognize the difference in jurisdiction of the Office of the
Ombudsman and the Supreme Court over erring Judges.
Values • Respect our role as officers of the Court.

Canon 11 Respect Courts and Judicial Officers

In re Sotto, 81 Phil 595 (1949)

Floran and Floran v. Ediza, A.C. No. 5325, February 9, 2016
PHILCOMSAT Holdings Corp. v. Lokin and Labastilla, A.C. No. 11139,
April 19, 2016

Optional readings:
Guerrero v. Villamor, 179 SCRA 355 (1989)
Bueno v. Rañeses, 687 SCRA 711 (2012)
Interview with Atty. Lorna Kapunan on Corruption in the Judiciary, A.M.
No. 13-11-09-SC, Resolution, dated 12 August 2014

Rule 11.01 – Proper Attire

Resolution dated July 3, 2018 in G.R. No. 217910, Falcis v. Civil Registrar
General

Rule 11.02 – Punctuality

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 Rule 11.03 – Proper Language and Behavior
In re Almacen, 31 SCRA 562 (1970)
Baculi v. Battung, A.C. No. 8920, September 28, 2011, 698 SCRA 209 (2011)

Optional readings:
Soriano and Padilla v. Court of Appeals, 363 SCRA 725 (2001)
Lacurom v. Jacoba, 484 SCRA 206 (2006)

Rule 11.04 – Not to Attribute to Judge Motives

See also:
Embido v. Pe, Jr., A.C. No. 6832, October 22, 2013, 708 SCRA 1 (2013)

Rule 11.05 – Grievances Against Judge

Constitution, Art. VIII, section 6
Maceda v. Vasquez, 221 SCRA 464 (1993)
Pantanosas v. Pamatong, A.C. No. 7330, June 14, 2016

Canon 12 Assist in Speedy and Efficient Administration of Justice

Factual • Understand our role to ensure speedy administration of justice.
Knowledge • Understand the importance of adequate preparation in the work
of lawyers
Conceptual • Understand what is meant by forum shopping, and its impact in
Knowledge the speedy and efficient administration of justice

Skills • Know that the remedies available should not be used to unduly
delay proceedings.
Values • Obligations to the client should not be performed at the expense
of truth and justice.

Canon 12 Assist in Speedy and Efficient Administration of Justice

Rule 138, Sec. 20 (g), Rules of Court

Constitution, Art. III, Sec. 16

Rule 12.01 and Rule 18.02 – Adequate Preparation

Rule 12.02 – Forum Shopping

Olivares v. Villanon, Jr., A.C. No. 6323, April 13, 2007 (2007)

Rule 12.03 – Not to Delay Cause

Chua v. Castro, AC No. 10671, November 25, 2015
Bergonia v. Merrera, A.C. No. 5024, February 20, 2003 (2003)

Rule 12.04 – Court Processes

Plus Builders, Inc. v. Revilla, Jr., 578 SCRA 432 (2009)

15
 Floran and Floran v. Ediza, supra

Optional readings:
Malonzo v. Principe, 447 SCRA 1 (2004)
Saa v. IBP-CBD, 598 SCRA 6 (2009)

Rule 12.05 – Rule 12.07 – Proper Behavior

PD 1829 Penalizing Obstruction of Justice

Rule 12.08 – Not to Testify on Behalf of Client

PNB v. Uy Teng Piao, 57 Phil 337 (1932)

Canon 13 Refrain from Act Giving Appearance of Influence

Factual • Understand what acts may constitute as influencing or giving
Knowledge an appearance of influencing the Court.
Skills • Identify when public statements are deemed as influencing the
court and constitutes a violation of Canon 13.
Values • Respect the role of the judiciary and not use the court of public
opinion to pressure or influence the Court

Canon 13 Refrain from Act Giving Appearance of Influence

Nestle Phils. v. Sanchez, 154 SCRA 542 (1987)

Perez v. Estrada, 360 SCRA 248 (2001)

Optional reading:
In re de Vera, 385 SCRA 285 (2003)

Rule 13.01 – No Extraordinary Attention

Rule 13.02 – No Public Statements to Media

Foodsphere, Inc. v. Mauricio, 593 SCRA 367 (2009)

Optional reading:
Cruz v. Salva, 105 Phil 115 (1959)

Rule 13.03 – Not to Invite Outside Interference

Maglasang v. People, 190 SCRA 306 (1990)

D. THE LAWYER AND THE CLIENT

Week 7

Establishment of Attorney-Client Relationship

Hilado v. David, 84 Phil 569 (1949)

16
 Burbe v. Magulta, A.C. No. 99-634, June 10, 2002

Canon 14 Service to the Needy

Factual • Know the rules that require lawyers to render free legal services
Knowledge • Know the standard of services required of counsel de oficio
Values • Treat paying and non-paying clients with the same level of zeal,
preparation and commitment

Canon 14 Service to the Needy

Republic Act No. 9999 or the Free Legal Assistance Act of 2010

Rule 14.01 – Availability of Services Regardless of Status

Rule 138, Sec. 20, Rules of Court
Republic Act No. 10389 (2012) – An Act Institutionalizing Recognizance as a
Mode of Granting the Release of an Indigent Person in Custody of an Accused in
a Criminal Case

See also Rule 2.01

S. Ct. B.M. No. 2012 approved Feb. 10, 2009 on Mandatory Legal Aid Service for
Practicing Lawyers (MLAS)
IBP, Proposed Comprehensive Legal Aid Service (CLAS) submitted to the
Supreme Court pursuant to B.M. 2012 dated June 2012, The Bar Tribune
(Reserve Section)
Rule on Community Legal Aid Service, A.M. No. 17-03-09-SC, 23 October 2017

Rule 14.02 – Providing Counsel de Oficio

Rule 138, Sec. 31, 20 (h), Rules of Court
Rule 116, Secs. 6-8
Rule 124, Sec. 2
PD 543

Rule 14.03 – Valid Ground for Refusal

Rule 14.04 – Same Standard of Conduct for Paying and Non-Paying Clients

Rule on Community Legal Aid Service, A.M. No. 17-03-09-SC (2017)

See also:

RA 6033, RA 6034, RA 6035, RA 6036

Rule on the Exemption from the Payment of Legal Fees of the Clients of the
National Legal Aid Committee and the Local Chapters of the IBP, A.M. No. 08-
00-7-SC (IRR), September 10, 2009, effective September 27, 2009
RA 9406 (2007), Sec. 16-D

Canon 15 Observe Candor, Fairness, Loyalty

17
Factual • Understand what may constitute as conflict of interest in the
Knowledge legal profession
• Know and understand the concept of privilege communication
in dealing with clients
• Understand the fiduciary nature of the attorney-client
relationship
• Know the tests of conflict of interest
Skills • Identify when an act may constitute a violation of Canons 15 and
16 of the Code of Professional Responsibility
• Know when to decline engagement by a prospective client due to
conflict of interest with a former or present client
• Demonstrate trustworthiness and prudence in dealing with the
client’s interests
Values • Recognizing the primacy of the client’s interests over one’s self.
• Appreciating that the legal profession is imbued with public
interest.
• Appreciate the fiduciary nature of the relationship between the
lawyer and the client.

Canon 15 Observe Candor, Fairness, Loyalty

Tolentino v. So and Ancheta, A.C. No. 6387, July 19, 2016

Rule 138, Sec. 3, Rules of Court

Rule 15.01 and Rule 15.03 – Conflict of Interest

Hornilla v. Salunat, 405 SCRA 220 (2003)

Quiambao v. Bamba, AC No. 6708 (2005)
Gonzales v. Cabucana, 479 SCRA 320 (2006)
Heirs of Falame v. Baguio, 548 SCRA 1 (2008)
Aniñon v. Sabitsana, Jr., 669 SCRA 76 (2012)
Orola v. Ramos, AC No. 9860, September 11, 2013
Parungao v. Lacuanan, A.C. No. 12071, March 11, 2020

Optional readings:
De Guzman v. de Dios, 350 SCRA 320 (2001)
Perez v. de la Torre, 485 SCRA 547 (2006)
Nuigue v. Sedillo, AC No. 9906, July 29, 2013
Medina v. Lizardo, A.C. No. 10533, January 31, 2017
Anglo v. Valencia, A.C. No. 10567, February 25, 2015
Tulio v. Buhangin, A.C. No. 7110, April 20, 2016

Rule 15.02 – Privileged Communication

Regala v. Sandiganbayan, 262 SCRA 122 (1996)
People v. Sandiganbayan, 275 SCRA 505 (1997)
Hadjula v. Madianda, AC No. 66711 (2007)
Castillo v. Sandiganbayan, G.R. No. 138231, February 21, 2002, 377 SCRA
509 (2002)

18
 Rule 15.04 – Mediator, Conciliator or Arbiter
Dee v. Court of Appeals, 176 SCRA 651 (1989)

Rule 15.05 – Candid, Honest Advice

Rule 15.06 – Not to Claim Influence

Mercado v. Security Bank, 482 SCRA 501 (2006)

Rule 15.07 – Impress Compliance with Laws

Rule 15.08 – Dual Profession

Nakpil v. Valdez, 286 SCRA 758 (1998)

Optional reading:
Villatuya v. Tabalingcos, 676 SCRA 37 (2012)

Week 8

Canon 16 Hold in Trust Client’s Moneys and Properties

Factual
Knowledge • Understand the trust reposed to a lawyer by a client with
respect to the property and/or money received by the former.
• Recognize that while a lawyer has a lien over client funds, such
lien must be reasonable.
Conceptual • Understand the fiduciary nature of the attorney-client
Knowledge relationship
Skills • Operationalizing transparency in all dealings with a client or
prospective client.
Values • Appreciating the important role of a lawyer in advocating a
client’s cause.
• Appreciating the immense trust reposed upon a lawyer by a
client and understanding how “sensitive” that trust is.

Canon 16 Hold in Trust Client’s Moneys and Properties

Article 1491-1492, Civil Code

Santos v. Arrojado, A.C. No. 8502, June 27, 2018

Rule 16.01 – Account

Berbano v. Barcelona, 410 SCRA 258 (2003)
Sison v. Camacho, supra

Optional readings:
Licuanan v. Melo, 170 SCRA 100 (1989)
Malangas v. Zaide, A.C. No. 10675, May 31, 2016

See also:
Huang v. Zambrano, A.C. No. 12460, March 26, 2019

19
 Rule 16.02 – Keep Client’s Fund Separate
Hernandez v. Go, 450 SCRA 1 (2005)

Rule 16.03 – Delivery of Funds; Lawyer’s Lien

Busiños v. Ricafort, 283 SCRA 40 (1997)
Rayos v. Hernandez, G.R. No. 169079, February 12, 2007

Rule 16.04 – No Borrowing, Lending

Barnachea v. Quiocho, 399 SCRA 1 (2003)
Yu v. Dela Cruz, A.C. No. 10912, January 9, 2016

Optional reading:
Nocom v. Camerino, G.R. No. 182984, 10 February 2009, 578 SCRA 390
Quilban v. Robinol, 171 SCRA 768 (1989)
Aguilar-Dyquiangco v. Arellano, A.C. No. 10541, July 12, 2016

Canon 17 Trust and Confidence

Factual • Understand that the duty of a lawyer is to vigorously advocate for
Knowledge the client’s cause but such does not imply that any and all means
necessary must be employed.
Skills • Recognizing when a legal issue is beyond a prospective lawyer’s
competence to handle.
• Developing a system in preparing to advocate a client’s cause.
• Operationalizing fairness and honesty in acts and decisions.
Values • Appreciating the important role of a lawyer in advocating a client’s
cause.
• Appreciating the importance of fairness and honesty over winning a
case.

Canon 17 Trust and Confidence

Cantiller v. Potenciano, 180 SCRA 246 (1989)

In re Maquera, 435 SCRA 417 (2004)
Solatan v. Inocentes, 466 SCRA 1 (2005)
Somosot v. Pontevedra, 488 SCRA 416 (2006)
Angalan v. Delante, 578 SCRA 113 (2009)
Nicolas v. Atty. Jose Laki, A.C. No. 12881, Feb. 9, 2021

Optional reading:
Villonco v. Roxas, A.C. No. 9186, April 11, 2018

Canon 18 Competence and Diligence

Factual • Understand that in agreeing to advocate a client’s cause, a
Knowledge lawyer must, at the minimum, be qualified to do so.
• Recognize that the actions of a lawyer binds the client.
• Relating fairness and honesty to the practice of law.
• Recognizing when to terminate a case due to client's fraud.
Skills • Recognizing when a legal issue is beyond a prospective
lawyer’s competence to handle.

20
 • Developing a system in preparing to advocate a client’s cause.
• Operationalizing fairness and honesty in acts and decisions.
Values • Appreciating the important role of a lawyer in advocating a
client’s cause.
• Appreciating the importance of fairness and honesty over
winning a case.

Canon 18 Competence and Diligence

Rule 18.01 – Client Consent with Collaborating Counsel

Rule 18.02 - Adequate Preparation

Sanchez v. Aguilos, A.C. No. 10543, March 16, 2016

Rule 18.03 – Not to Neglect Legal Matters

Legarda v. Court of Appeals, 209 SCRA 722 (1992)
Endaya v. Oca, 410 SCRA 344 (2003)

Optional readings:
Agot v. Rivera, A.C. No. 8000, August 5, 2014, 732 SCRA 12 (2014)
Francisco v. Flores, A.C. No. 10753, January 26, 2016
Chang v. Hidalgo, A.C. No. 6934, April 6, 2016

Rule 18.04 – Inform Client on Status of Case

Carandang v. Obmina, A.C. No. 7813, April 21, 2009
Abay v. Montesino, 417 SCRA 77 (2003)
Ramiscal v. Orro, A.C. No. 10945, February 23, 2016

Week 9

Canon 19 Representation with Zeal

Factual • Relating fairness and honesty to the practice of law.

Knowledge • Recognizing when to terminate a case due to client's fraud.
Skills • Operationalizing fairness and honesty in acts and decisions.
• Distinguishing matters that should be dictated by the client and
matters that should be dictated by the lawyer.
Values • Appreciating the importance of fairness and honesty over
winning a case.
• Disputing the norm of utilizing half-truths for the client's
cause.

Canon 19 Representation with Zeal

Rule 19.01 – Fair and Honest

Catolos v. Capacillo, A.C. No. 7950, March 13, 2019

Rule 138, Sec. 20 (d)

21
 Roque v. Balbin, supra

See also:
Enriquez v. Lavadia, A.C. No. 5686, June 16, 2015
Chua v. De Castro, A.C. No. 10671, November 25, 2015

Rule 19.02 – Rectify Client’s Fraud

Rule 19.03 – Control Proceedings

Canon 20 Attorney’s Fees

Factual • Identifying the factors that determine fees.
Knowledge • Discussing why a lawyer cannot accept any payment other
than those directly from the client.
Skills • Developing a just fee structure.

Values • Appreciate that the practice of law is not primarily a profit-

making venture.
• Challenging oneself to prioritize justice over personal gain.

Canon 20 Attorney’s Fees

RA No. 1706 (2015) – An Act Protecting Seafarers Against Ambulance Chasing

and Imposition of Excessive Fees, Providing Penalties Therefor (Seafarers
Protection Act)
RA 5185, Sec. 6
Rule 138, Secs. 24, 32, Rules of Court
Quirante v. IAC, 169 SCRA 769 (1989)
Tanhueco v. De Dumo, 172 SCRA 760 (1989)
Albano v. Coloma, 21 SCRA 411 (1967)
Metropolitan Bank v. Court of Appeals, 181 SCRA 367 (1990)
Sanchez v. Aguilos, supra

Rule 20.01 – Fee Guide

Roxas v. de Zuzuarregui, Jr., 481 SCRA 250 (2006)
Masmud v. NLRC, 579 SCRA 509 (2009)
Aquino v. Casabar, G.R. No. 191470, January 26, 2015, 748 SCRA 181
(2015)
Ignacio v. Alviar, A.C. No. 11482, July 17, 2017

Rule 20.02 – Client’s Consent of Fees for Referral

Urban Bank v. Peña, 346 SCRA 597 (2007)

Rule 20.03 – Client’s Consent for Acceptance of Fee

Rule 138, Sec. 20 (e)

Rule 20.04 – Avoid Compensation Controversy with Client

Rule 138, Secs. 24 and 32, Rules of Court

22
 Corpus v. Court of Appeals, 98 SCRA 424 (1980)

Canon 21 Preserve Client’s Confidence

Factual • Define and distinguish private information, confidential
Knowledge information, and privileged information.
• Describe the exceptions to rules against disclosure of privileged
information.
Skills • Demonstrate trustworthiness and prudence in handling
information.
• Formulate safeguards against intentional and unintentional
disclosure of client secrets.
Values • Appreciation of the sanctity of the lawyer’s role as keeper of
confidences and secrets.
• Supporting views and initiatives that nurture respect for privacy
rights of clients and witnesses.

Canon 21 Preserve Client’s Confidence

Rule 138, Sec. 20 (e), Rules of Court

Rule 130, Sec. 24 (b), Rules of Court
Art. 209, Revised Penal Code
R.A. 10173 [Data Privacy Act of 2012], Sections 3(k), 13, and 15.
Implementing Rules and Regulations of the Data Privacy Act, Sections 18 and 34.

Hilado v. David, 84 Phil 569 (1949)

Genato v. Silapan, 406 SCRA 75 (2003)

Rule 21.01 – Revelations of Confidence and Secrets Allowed

Rule 21.02 – Use of Information Received in Course of Employment Allowed

Rule 21.03 – Prohibition to Giving of Information to Outside Agency

Rule 21.04 – Rule 21.05 – Protection from Disclosure

Rule 21.06 – Prohibition of Indiscreet Conversation

Rule 21.07 – Not to Reveal that Lawyer was Consulted

Cf. Rule 15.01, Rule 14.03

Week 10

Canon 22 Withdrawal of Services for Good Cause

Factual
Knowledge To enable the student to understand the following concepts:
1. Grounds for substitution or termination of attorney-client
relationship and procedures
2. Concept and difference between retaining lien and charging
lien

23
 Skills • Know the proper procedure for substitution of attorney or
termination of attorney-client relationship.
• Know the proper procedures to enforce retaining liens and
charging liens.
Values • Understand the importance of proper turnover no matter how
acrimonious the attorney-client relationship has been.
• The discharge of the attorney does not terminate the attorney’s
duty to protect the client’s interest.
• The client has the right to terminate the attorney-client
relationship with or without cause. On the other hand, the
attorney who undertakes to conduct an action impliedly
stipulates to carry it to its termination. The attorney is not at
liberty to abandon the case without reasonable cause.

Canon 22 Withdrawal of Services for Good Cause

Rule 22.01 – Good Causes for Withdrawal of Services

Domingo v. Aquino, 38 SRA 472 (1971)
Montano v. IBP, 358 SCRA 1 (2001)

Rule 22.02 – Duties of Lawyer Who Withdraws

Rule 138, Sec. 26, Rules of Court

Obando v. Figueras, 322 SCRA 148 (2000)
Chang v. Hidalgo, supra

Specific Rules of Practice

Notarial Practice
Factual • Qualifications and procedures to become a notary public
Knowledge • Duties and responsibilities of a notary public
• When and where a notary public can and cannot notarize a
document
Conceptual • Understand that notarization transforms a private document
Knowledge into a public document to make these documents admissible in
evidence without further need to determine its authenticity
and due execution.
Skills • Know the proper procedures for notarization

Values • Understand that lawyers commissioned as notaries public in

notarizing documents have their duties dictated by public
policy impressed with public interest.
• A notarized document is by law entitled to full faith and credit
upon its face and enjoys presumption of regularity.

Notarial Practice

24
 2004 Rules on Notarial Practice, Supreme Court A.M. No. 02-8-13-SC,
promulgated July 6, 2004
2020 Interim Rules on Remote Notarization of Paper Documents, A.M. No. 20-07-
04-SC, 14 July 2020
Spouses Santuyo v. Hidalgo, 448 SCRA 282 (2005)
Sicat v. Ariola, 456 SCRA 93 (2005)
Mondejar v. Rubia, 496 SCRA 1 (2006)
Mariano v. Echanez, A.C. No. 10373, May 31, 2016
Samson v. Caballera, A.M. No. RTJ-08-2138, August 5, 2009, 595 SCRA 423
(2009)
Ko v. Uy Lampasa, A.C. 11584, March 6, 2019
Rev. Fr. Jose P. Zafra Ii V. Atty. Renato B. Pagatpatan, A.C. No. 12457

Optional reading:
Lee v. Tambago, 544 SCRA 393 (2008)
Tabao v. Lacaba, A.C. No. 9269, March 13, 2019

Discipline of Lawyers
Factual
Knowledge To enable the student to understand the grounds for the various civil,
criminal and administrative liabilities of attorneys
Skills At the end of the semester, the student should know the procedures for:
1. Disbarment and suspension of attorneys
2. Reinstatement after suspension or disbarment
Values The student must understand that disbarment and suspension
proceedings are undertaken for the public interest to remove or
suspend a member whose misconduct has proved himself unfit to
continue to be an attorney.

Discipline of Lawyers
Rules of Court, Rule 139-B, as amended by Bar Matter No. 1645, October
13, 2015
Rules of Court, Rule 138, Sec. 27
Yuhico v. Gutierrez, A.C. No. 8391, November 23, 2010
Maniago v. de Dios, A.C. No. 7472, March 10, 2010
Heck v. Judge Santos, 467 Phil 798 (2004)
Frias v. Bautista-Lozada, AC No. 6656 (2006) (489 SCRA 345)
Spouses Buffe v. Gonzalez, et. al, A.C. No. 8168, October 12, 2016
Flores-Salado, et. al. v. Villanueva, A.C. No. 11099, September 27, 2016
Duque v. Brillantes, et. al., A.C. No. 9912, September 21, 2016
Spouses Chua v. Tan-Sollano, et. al., A.C. No. 11533, June 6, 2017
Re: In the Matter of the Petition for Reinstatement of Rolando S. Torres as
a Member of the Philippine Bar: A.C. No. 5161, August 25, 2015
Automatic Conversion of Administrative Cases Against Judges and
Justices to disciplinary proceedings against them as lawyers, Samson v.
Caballera, A.M. No. RTJ-08-2138, August 5, 2009, 595 SCRA 423 (2009)
Zafra v. Pagatpatan, A.C. No. 12457, April 2, 2019

25
 See also:
Ibana-Andrade v. Paita-Moya, A.C. No. 8313, July 14, 2015, 762 SCRA 571
(2015)
Llanar v. Ricafort, A.C. No. 6484, June 16, 2015

Weeks 11 and 12

PART II
NEW CODE OF JUDICIAL CONDUCT OF THE PHILIPPINE JUDICIARY
A.M. No. 03-05-01-SC, effective June 1, 2004

Rule 140

Canon 1 Independence
Libarios v. Dabalos, 199 SCRA 48 (1991)
Tan v. Rosete, 437 SCRA 581 (2004)
Ramirez v. Corpuz-Macandog, 144 SCRA 462 (1986)

Read: M.S. Feliciano, Ethics, Integrity and Judicial Accountability – The Philippine
Experience 19 ASIA PACIFIC JOURNAL FORUM, SEARCHING FOR SUCCESS IN JUDICIAL REFORM,
VOICES FROM THE ASIA PACIFIC EXPERIENCE, 206-232 (Oxford Press, 2009) – Reserve
Section

Canon 2 Integrity
Re Letter of Pres. Justice Conrado M. Vasquez, Jr. on CA-G.R. SP No. 103692,
A.M. No. 08-8-11-CA, September 9, 2008
Palma v. Omelio, A.M. No. RTJ-10-2223, August 30, 2017
Allegations made under oath at the Senate Blue Ribbon Committee Hearing held
on 26 September 2013 against Assoc. Justice Gregory Ong, A.M. No. 09-2-89-SC,
23 September 2014

See also:
Dela Cruz v. Bersamira, A.M. No. RTJ-00-567, July 25, 2000, 336 SCRA 353 (2000)
In re Undated Letter of Mr. Luis C. Biraogo, A.M. No. 09-2-89-SC, February 24,
2009, 580 SCRA 106 (2009)

Canon 3 Impartiality
People v. Veneracion, 249 SCRA 244 (1995)
Jorda v. Judge Bitas, A.M. RTJ-14-2376, March 5, 2014, 718 SCRA 1 (2014)
Re: Investigation report on the alleged extortion activities of Presiding Judge
Abul, Jr., A.M. No. RTJ-17-2486, September 3, 2019
Prosecutor Leo T. Cahanap v. Judge Leonor Quinones, A.M. No. RTJ-16-2470,
January 10, 2018

Optional readings:
Pangandag v Abinal, A.M. No. MTJ-16-1877, June 13, 2016

26
 Sunico v. Gutierrez, A.M. No. RTJ-16-2457, February 21, 2017

Canon 4 Propriety
Marces, Sr. v. Arcangel, 258 SCRA 517 (1996)
Anonymous Complaint v. Dagala, A.M. No. MTJ-16-1886, July 25, 2017
Tan v. Pacuribot, 540 SCRA 246 (2009)
In re Complaint of Mrs. Rotilla Marcos against Judge F. Marcos, 360 SCRA 539
(2001)
Lorenzana v. Austria, A.M. No. RTJ-09-2200, April 2, 2014
OCA Circular No. 173-2017, Proper Use of Social Media, 17 August 2017
OCA v. Yu, A.M. No. MTJ-12-1813, 14 March 2017, and 8 cases, 820 SCRA 256
(2017)

See also:
Re: Anonymous Letter complaint Against Associate Justice Normandie B.
Pizarro, Court Of Appeals, A.M. No. 17-11-06-CA, March 13, 2018
Madeline Tan-Yap v. Hon. Hannibal R. Patricio, A.M. No. MTJ-19-1925, June 3,
2019

Canon 5 Equality
Guanzon v. Rufon, 53 SCRA 38 (2009)
A.M. No. 03-03-13, December 14, 2004 (Rule on Administrative Procedure in
Sexual Harassment Case and Guidelines on Proper Work Decorum in the
Judiciary
Benancillo v. Amida, A.M. RTJ-08-2149, March 4, 2011, 645 SCRA (2001)
S.CT. Res., A.M. No. 06-8-21, November 8, 2011, Use of Gender-Fair Language
Dojillo, Jr. v. Ching, A.M. No. P-06-2245, MTJ 09-1741, July 31, 2009
See also RA 7877 (1995) and RA 11313, Safe Spaces Act (2019)

Canon 6 Competence and Diligence

Castro v. Malazo, 99 SCRA 165 (1980)
Office of the Court Administrator v. Judge Floro, 486 SCRA 66 (2006)
Samson v. Caballero, A.M. No. RTJ-08-2136, 05 August 2009
Office of the Court Administrator v. Hon. Salvador, A.M. No. RTJ-19-2562, July 2,
2019

See also:
Rev. Rules of Court, Rule 140, as amended by A.M. No. 18-01-05-SC, effective 02
October 2018, amending Secs. 3, 6 and 9

Discipline of Judges of Regular and Special Courts and Justices of the Court of
Appeals and the Sandiganbayan, Court of Tax Appeals, Court Administrator,
Deputy Court Administrator and Assistant Court Administrator and their
personnel, re creation of Judicial Integrity Board and the Corruption Prevention
and Investigation Office.

27
 Can dismissed judges and justices request for judicial clemency? See Concerned
Lawyers of Bulacan v. Villalon-Pornillos, A.M. RTJ- 092183, February 14, 2017
citing Letter of Judge Augustus Diaz, Branch 37, 560 Phil 1; 533 SCRA 534 (2007)

Optional readings:

Gamboa-Roces v. Perez, A.M. No. MTJ-16-1887, January 9, 2017

Marcos v. Cabrera-Faller, A.M. No. RTJ-16-2472, January 24, 2017
Anonymous Complaints against former Judge Bandong, A.M. No. RTJ-17-2507,
October 9, 2017

28