FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

SCHEDULE Saturday, 10:00 am 12:00 nn

November 5

12

Legal Ethics; Admission to the Bar and the Practice of Law Canons of Professional Responsibility (CPR), Background, Lawyers Oath, Canons 1 to 6

19 26

December 3 CPR, Canons 7 to 9

10

CPR, Canons 10 to 13

17

24

Christmas Break

January 7 Canons 14 to 22

14

21

Disbarment and discipline of lawyers

28

February 4 Judicial Ethics

11

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

18

25

FINAL EXAM

March 3

10

COURSE OUTLINE 1) Legal Ethics a) Definition of legal ethics b) Laws and rules on legal ethics c) Basic concepts 2) Admission to the Bar and Practice of Law a) Judicial control over regulation of the legal profession b) Attorneys and Admission into the Bar c) Practice of Law i) Definition (1) Principal types of professional activities (2) Practice of law as a mere privilege; profession, not business ii) Public officials who may not practice law iii) Public officials who may practice law but with restrictions iv) Non-lawyers who may appear before courts and quasi-judicial bodies v) Proceedings where lawyers are prohibited from appearing vi) Sanctions against unauthorized practice of law 3) Canons of Professional Responsibility a) Background of CPR b) Lawyers Oath c) Four-fold duties of a lawyer i) Lawyers and the Society (Canons 1 to 6) ii) Lawyers and the Legal Profession (Canons 7 to 9) iii) Lawyers and the Courts (Canons 10 to 13) iv) Lawyers and the Client (Canons 14 to 22) 4) Disbarment and Discipline of Lawyers a) Rules of Court, Rule 139-B 5) Judicial Ethics a) New Code of Judicial Conduct b) Discipline of members of the bench

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

SYLLABUS I. Legal Ethics a. Definition of legal ethics b. Laws and rules on legal ethics c. Basic concepts II. Admission to the Bar and Practice of Law a. Judicial control over regulation of the legal profession i. Constitution, Article VIII, Section 5 (5) b. Attorneys and Admission into the Bar i. Rules of Court, Rule 138, Sections 1 to 19. ii. Privileges of an Attorney Cases: 1. In Re: Petition for Admission to the Bar of Unsuccessful Candidates of 1946 to 1953, March 18, 1954 (The Bar Flunkers Act of 1953) 2. In re: Petition for Leave to Resume Practice of Law by Benjamin Dacanay, B.M. No. 1678, December 17, 2007 3. Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations through Amendments to Rule 138 of the Rules of Court, B.M. No. 1153, March 9, 2010 4. Re: Proposed Reforms in the Bar Examinations, Bar Matter No. 1161, June 8, 2004 5. Reforms in the 2011 Bar Examinations, B.M. No. 2265 6. Cayetano v. Monsod, 201 SCRA 210 7. Ulep v. Legal Clinic, 223 SCRA 378 c. Practice of Law i. Definition 1. Principal types of professional activities ii. Practice of law as a mere privilege; profession, not business iii. Public officials who may not practice law iv. Public officials who may practice law but with restrictions Case: 1. Catu v. Rellosa, AC No. 5738, February 19, 2008 v. Non-lawyers who may appear before courts and quasijudicial bodies vi. Proceedings where lawyers are prohibited from appearing vii. Sanctions for unauthorized practice of law III. Canons of Professional Responsibility (CPR) a. Background of CPR b. Lawyers Oath c. Four-fold duties of a lawyer

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

d. Canons 1 to 6 - Lawyers and the Society i. Canon 1 1. Rules of Court, Rule 138, Section 20(a) 2. Rule 1.01 a. Rules of Court, Rule 138, Section 2 b. Moral Turpitude i. IRRI v. NLRC, 221 SCRA 760 ii. Teves v. Comelec, G.R. No. 180363, April 28, 2009 (read also the concurring opinion of J. Brion) c. Gross Immorality i. Paras v. Paras, 529 SCRA 893 ii. Cojuangco v. Atty. Palma, AC 2474, September 15, 2004 iii. Guevarra v. Eala, AC 7136, August 1, 2007 iv. Advincula v. Atty. Macabata, 517 SCRA 614 d. Unlawful Conduct i. Donton v. Atty. Tansingco, AC 6057, June 27, 2006 e. Gross Misconduct i. Bel-Air Transit Service Corporation v. Atty. Mendoza, AC 6107, January 31, 2005 ii. Roa v. Atty. Moreno, AC 8382, April 21, 2010 iii. Rayos-Ombac v. Atty. Rayos, AC 2884, January 28, 1998 iv. Re: Disbarment Proceedings Against Atty. Diosdado Q. Gutierrez, AC 363, July 31, 1962 3. Rule 1.04 a. Rules of Court, Rule 138, Section 20 (c) and (d) b. Rules of Court, Rule 138, Section 23 c. Civil Code, Articles 2028, 2030, 2035 d. De Ysasi v. NLRC, 231 SCRA 173 ii. Canon 2 iii. Canon 3 1. Rule 3.01 a. Pangan v. Ramos, 93 SCRA 87 b. Khan v. Simbillo, AC 5299, August 19, 2003 c. Ulep v. Legal Clinic, BM 553, June 17, 1993 iv. Canon 4 v. Canon 5 1. Dulalia v. Atty. Cruz, AC 6854 2. Cuaresma v. Daquis, L-35113, March 25, 1975 3. Bar Matter 850, August 22, 2000 (Mandatory Continuing Legal Education) vi. Canon 6 1. Igoy v. Atty. Soriano, AM 2001-9-SC, October 11, 2001 2. Rule 6.03

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

a. Query of Atty. Buffe, A.M. No. 08-6-352-RTC, August 19, 2009 e. Canon 7 to 9 - Lawyers and the Legal Profession i. Canon 7 1. Integration of the Philippine Bar, January 9, 1973 2. Rules of Court, Rule 139-A 3. In Re: Atty. Marcial Edillon, Adm. Case No. 1928 August 3, 1978 4. In Re: Atty. Leon Maquera, B.M. No. 793, July 30, 2004 ii. Canon 8 1. Rule 8.01 a. Galicinao v. Atty. Castro, A.C. NO. 6396, October 25, 2005 iii. Canon 9 1. Rule 9.01 a. Cambaliza v. Atty. Cristal-Tenorio, Adm. Case No. 6290, July 14, 2004 b. Aguirre v. Rana, B. M. No. 1036, June 10, 2003 c. Alawi v. Alauya, A.M. SDC-97-2-P, February 24, 1997 2. Rule 9.02 a. PAFLU v. Binalbagan Isabela Sugar Company, G.R. No. L-23959 November 29, 1971 f. Canon 10 to 13 - Lawyers and the Courts i. Canon 10 1. Rule 10.01 a. Rules of Court, Rule 138, Section 20 (d) b. Rules of Court, Rule 71, Sections 1 and 3 c. Revised Penal Code, Articles 180-184 d. Director of Lands v. Adorable, 77 Phil. 468 reconstitution of case after WWII 2. Rule 10.02 a. Rules of Court, Rule 7, Section 3 b. Tolentino v. Judge Cabral, AM No. RTJ-001528, March 28, 2000 c. Comelec v. Judge Nonay, GR No. 132365, July 9, 1998 3. Rule 10.03 a. Rules of Court, Rule 138, Section 20 (c), (d) b. Rules of Court, Rule 1, Section 6 c. Eternal Gardens Memorial Park v. CA, GR 123698 August 5, 1998, 293 SCRA 622 ii. Canon 11 a. Rules of Court, Rule 138, Section 20 (b) b. Rules of Court, Rule 71, Section 1, 3 2. Rule 11.03 a. Rheem of the Philippines v. Ferrer, G.R. No. L22979, June 26, 1967 b. In re Almacen, G.R. No. L-27654, February 18, 1970

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

c. Saberon v. Atty. Larong, AC No. 6567, April 16, 2008 d. Judge Lacurom v. Atty. Jacoba, AC No. 5921, March 10, 2006 3. Rule 11.04 a. Rules of Court, Rule 137, Section 1 b. Balaoing v Calderon, AM No. RTJ-90-580, April 27, 1993 c. Nominal Party - Rules of Court, Rule 65, Section 5; Rule 45, Section 4; Rule 43, Section 6 4. Rule 11.05 a. Rules of Court, Rule 140, Sections 1 and 3 b. Maceda v. Vasquez, GR 102781, April 22, 1993 c. Ocampo v. Sun-Star Publishing, GR 133575, December 15, 2000 iii. Canon 12 1. Rule 12.02 a. Rules of Court, Rule 7, Section 5 b. Benguet Electric Cooperative v. Atty. Flores, AC 4058, March 12, 1998 c. Que v. Atty. Revilla, AC 7054, December 4, 2009 2. Rule 12.03 a. Perla Compania de Seguros v. Saquilabon, GR 3907, April 10, 1997 b. Vaflor-Fabroa v. Atty. Paguinto, AC 6273, March 15, 2010 3. Rule 12.08 a. Santiago v. Atty. Rafanan, AC 6252, October 5, 2004 iv. Canon 13 1. Foodsphere v. Atty. Mauricio, AC 7199, July 22, 2009 2. Estrada v. Sandiganbayan, GR 159486-88, November 25, 2003 3. In re Almacen, GR 27654, February 18, 1970 g. Canon 14 to 22 - Lawyers and their Clients i. Canon 14 1. Rule 14.01 a. Constitution, Article III, Section 14 (2) b. Rule 138, Section 20 (i) 2. Rule 14.02 a. Constitution, Article III, Section 14 (2) b. Rules of Court, Rule 138, Section 31 c. Rules of Court, Rule 116, Section 6 to 8 d. Rules of Court, Rule 122, Section 13 e. Rules of Court, Rule 138, Section 32 f. Rules of Court, Rule 138, Section 36 g. Public Attorneys Office v SB, G.R. Nos. 154297-300, February 15, 2008 3. Rule 14.03 a. Rules of Court, Rule 138, Section 20(h)

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

b. Code of Professional Responsibility, Rules 2.01 and 2.02 c. Rules of Court, Rule 3, Section 21 d. Rules of Court, Rule 141, Section 19 e. Algura v. City of Naga, GR 150135, October 10, 2006 4. Rule 14.04 a. People v. Sevilleno, G.R. No. 129058 March 29, 1999 Canon 15 1. Rule 15.02 a. Rules of Court, Rule 138, Section 20(e) b. Rules of Court, Rule 130, Section 24 c. Revised Penal Code, Article 209 2. Rule 15.03 a. Hornilla v Salunat, A.C. No. 5804, July 1, 2003 b. Gonzales v. Cabucana, AC 6836, January 23, 2006 c. Palm v. Iledan, A.C. No. 8242, October 2, 2009 3. Rule 15.05 a. Rules of Court, Rule 138, Section 20(c) and (g) b. Code of Professional Responsibility, Rule 1.04 4. Rule 15.06 a. Code of Professional Responsibility, Canon 13 5. Rule 15.07 a. Code of Professional Responsbility, Canon 1.02 Canon 16 1. Rule 16.01 a. Rules of Court, Rule 138, Section 25 2. Rule 16.03 a. Rules of Court, Rule 138, Section 37 b. Traders Royal Bank v. NLRC, G.R. No. 120592, March 14, 1997 c. JK Mercacdo v. De Vera, Adm. Case No. 3066 October 26, 1999 Canon 17 1. Regala v. SB, GR 105938, September 20, 1996 Canon 18 a. BR Sebastian v CA, GR 41862, February 7, 1992 b. Ouano Arrastre v. Aleonar, GR 97664, October 10, 1991 2. Rule 18.01 a. Rules of Court, Rule 138, Section 21, 22, 23 3. Rule 18.02 a. Code of Professional Responsibility, Rule 12.02 Canon 19 a. Briones v. Jacinto, A.C. No. 6691, April 27, 2007 Canon 20 1. Rules of Court, Rule 138, Section 24 2. Civil Code, Articles 1491 and 1492

ii.

iii.

iv. v.

vi. vii.

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FEU Institute of Law Introduction to Legal Ethics 2nd Semester, 2011-2010

3. Research and Services Realty v. CA, GR 124074, January 27, 1997 4. Bach v. Ongkiko Kalaw, GR 160334, Sept 11, 2006 5. Bautista v. Gonzales, AM 1625, Feb 12, 1990 6. Canlas v. CA, GR L-77691, August 8, 1988 7. Rilloraza v Eastern Telecom, GR 104600, July 2, 1999 viii. Canon 21 1. Rule 21.01 a. Rules of Court, Rule 130, Section 24 (b) b. Revised Penal Code, Article 209 ix. Canon 22 1. Rule 22.01 a. Rules of Court, Rule 3, Section 16 b. Rules of Court, Rule 138, Section 26

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