WESTERN LEYTE COLLEGE

SCHOOL OF LAW

BASIC LEGAL AND JUDICIAL ETHICS SYLLABUS

1st Semester A.Y. 2023-2024

LEGAL ETHICS

A. Practice of Law

1. Basic Concepts

a. Definition of the Practice of Law

Cayetano vs. Monsod, G.R. No. 100113 September 3, 1991
b. Practice of Law as a Privilege, Not a Right
c. Law as a Profession, Not a Business or Trade
Director of Religious Affairs vs Bayot 74 Phil 749 (1944)

2. Qualifications for Admission to the Bar (Bar Matter No. 1153)

3. Continuing Requirements for Membership in the Bar

4. Appearance of Non-lawyers

a. Law Student Practice Rule (Rule 138-A, as amended by A.M. No.

19-03-24-SC)
b. Non-lawyers in Courts and/or Administrative Tribunals
c. Proceedings Where Lawyers are Prohibited to Appear as Counsels

5. Prohibited Practice of Non-lawyers and Appearance Without Authority

6. Public Officials and the Practice of Law

a. Prohibitions and Disqualifications of Former Government

Attorneys
b. Public Officials Who Cannot Practice Law or Can Practice Law
With Restrictions

7. Lawyers Authorized to Represent the Government

8. The Lawyer’s Oath

B. Duties and Responsibilities of a Lawyer Under the Code of Professional

Responsibility and Accountability (A.M. No. 22-09-01-SC)

1. Canon I: Independence
2. Canon II: Propriety
Responsible Use of Social Media
Velasco vs Causing A.M. No. RTJ-92-845 September 3, 1993
3. Canon III: Fidelity
 Mabini Colleges Inc., vs Atty. Pajarillo, A.C. No. 10687, July 22,
2015
Yumol, Jr. v. Ferrer, Sr., A.C. No. 6585, April 21, 2005
Heirs of Uy Ek Liong v. Meer Castillo, G.R. No. 176425
4. Canon IV: Competence and Diligence
5. Canon V: Equality
Algura v. City of Naga et al., G.R. No. 150135, 30 October 2006
6. Canon VI: Accountability
Tan v. Atty. Alvarico, A.C. No. 10933, 3 November 2020
Fabugais v. Atty. Faundo, Jr., A.C. No. 10145, 11 June 2018
Dumlao, Jr. v. Camacho, A.C. No. 10498, 4 September 4, 2018.
Nunez v. Atty. Ricafort, A.C. No. 2 ,5054 March 2021
Tan, Jr. v. Atty. Gumba, A.C. No. 9000, 10 January 2018

C. Suspension, Disbarment, and Discipline of Lawyers (Rule 139-B, Rules of Court)

1. Nature and Characteristics of Disciplinary Actions against Lawyers

a. Sui Generis
b. Prescription
2. Grounds
3. Proceedings (Rule 139-B of the Rules of Court, as amended)

D. Readmission to the Bar

1. Lawyers who have been suspended

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

E. Mandatory Continuing Legal Education

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

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

1. Qualifications of a Notary Public

2. Term of Office of a Notary Public
3. Powers and Limitations
4. Notarial Register
5. Jurisdiction of Notary Public and Place of Notarization
6. Competent Evidence of Identity
7. Sanctions

JUDICIAL ETHICS

I. Sources
 a. New Code of Judicial Conduct for the Philippine Judiciary
b. Code of Judicial Conduct

II. Qualities (New Code of Judicial Conduct)

1. Canon I: Independence
2. Canon II: Integrity
Cuaresma vs Aguilar, A.M. No. RTJ-92-845 September 3, 1993
3. Canon III: Impartiality
4. Canon IV: Propriety
Lachica vs Flordeliza, A.M. No. MTJ-94-921 March 5, 1996
5. Canon V: Equality
6. Canon VI: Competence and diligence
Lim vs Dumlao, A.M. NO. MTJ-04-1556. March 31, 2005

III. Discipline of members of the Judiciary

1. Members of the Supreme Court

a. Impeachment

2. Lower court judges and justices of the Court of Appeals

and Sandiganbayan (Rule 140, Rules of Court)

3. Sanctions imposed by the Supreme Court on erring

members of the Judiciary

IV. Disqualification of Justices and Judges (Rule 137, Rules of Court)

1. Compulsory
2. Voluntary
3. Procedure

V. Powers and Duties of Courts and Judicial Officers (Rule 135, Rules of Court)