SAINT LOUIS UNIVERSITY A Bonifacio Street 2600 BaguioCity, Philippines Tel Nos (+6374) 442.3043 + 443.2001 + 444.8246 to 48 Fax (+6374) 442.2842 www sluedu.ph Member + Associaton of southeast Asan insthutions of Higher Learing ASAIHD {Assocation of Southeast and East Asan Catholic Coleges an Univesiles ASEACCU) {Associaton of Cthole Unversites of the Pippin ACUP 1 Cathe edueatnalAssooaton ofthe Phiippnes (CAP + Intemational Federation of Canoe Universtes OFX) *PalipineAssolaon of Coleges and Universities PACU) Poona + mppine Acerecing Assocation of Schools, alleges and Unherstes (PAASCU) Law and Legal Ethics __| Basic Legal Ethics | Law 125 cai __| Second Semester Course Description | A course that focuses on the canons of legal ethics | | involving the duties and responsibilities of the lawyer with | | respect to the public or society, the bar or legal profession, esos Lthe courts and the client. | Learning Outcomes By the end of the semester, the students should be able to: @. Familiarize themselves with the principles and ethical standards of members of the bench and bor. b. Understand and comprehend the rights and obligations of members of the bench and bar. ¢, Understand and comprehend the proper behavior expected of members of the bar, taking into account the Lawyer's Oath, the Rules of Court, the ‘Canons of Professional Responsibility. d. Distinguish and identify cases that are subject to disciplinary action. @. Apply and relate the Canons with the day-to-day lives of lawyers, not only in their capacity as lawyers, but as private individuals. Course Requirements and Grading Plan Two (2) Quizzes (50% of the class standing) Recitation (30% of the class standing) Paper Requirement (10% of the class standing) Case Digest (10% of the class standing) Midterm and Final Departmental Examinations (50% of the Midterm and Final grades, respectively) : gange Course Outline |. Infroduction A. The Lawyer's Oath B. General Principles Concept of bar, bench, counsel de oficio, counsel de parte, attomey of record C. Legal Profession 1. Practice of Law is a profession 2. Three ideas involved in a profession: organization, leaming, spirit of public service 3. Standards of the legal profession: independence, accessibility and learningI The Practice of law A. Concept or definition of the Practice of Law © Cayetano v. Monsod, 201 SCRA 210 @Ulep v. The Legal Clinic, Bar Matter No. 553, June 17, 1993 5) Aguirre v. Rana; B.M. 1036, June 10, 2003 © Feliciano v. Bautista-Lozada, A.C. No. 7593, March 11, 2015 B. Practice of Law is not a right but a privilege; not a business or trade =Bongalonta v. Castillo, 240 SCRA 310 in Re: AIC. Argosino, 246 SCRA 14 C. Persons entitled to practice law (Sec. 1, Rule 138, Rules of Court) D. Public officials prohibited from engaging in private practice of law E. Public officials with restrictions in the practice of law F. When may nonawyers practice law? Il. Admission to the practice of law ‘A. Powers of the Supreme Court in relation to the admission of applicants to the practice of law and regulation of the practice of law 8. Law Student and Practice of Law Rule 138-A, Revised Rules of Court; Section 34, Rule 138 @Cruzy, Mina G.R. No. 154207, April 27, 2007 C. Initial Requirements for the admission to the Practice of Law 1. Basic requirements 2. Academic requirements 3, Bar examinations 4, Procedure/requirements after passing the Bar Examinations . Membership in the IBP Payment of IBP Dues Letter of Atty. Cecilio Y. Arevalo Jr, BM. 1370, May 9, 2005; Santos Jr. v. Llamas, A.C. 4749 January 20, 2000) F. Citizenship Requirement Petition for Leave to Resume Practice of Law of Dacanay, B.M. 1678, December 17, 2007 mo 2. Significance of Legal Ethics B. Sources of Legal Ethical Standards 1. Primary a. Bar - Canons of Professional Ethics, Code of Professional Responsibility b. Bench - Canons of Judicial Ethics, Code of Judicial Conduct for the Philippine Judiciary 2, Secondary a. Decisions/Resolutions of the Supreme Court b. Supreme Court Circulars c. Orders/Resolutions of other Courts d. IBP Issuances 3, Other Sources - legislations a. Art. 1491 (5), Civil Code b. Art. 2208, Civil Code Cc. Atficles 203 and 222, Labor Code d. Art. 209, Revised Penal Code C. Canons of Professional Responsibility: Four-fold duties of a Lawyer - Duties to sociely, to the legal profession, to the court and to the client A. The lawyer and society/ 1. CANON 1 — A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES. © Lawyer's Oath * Violation of provisions of law Donggo-as v. Cruz-Angeles and Paler, A.C. No. 11113, August 9, 2016 © Dizon v. Lambino, 498 SCRA 233 * Duties of a Notary Public Nadayag v. Grageda, A.C. No. 3232 September 27, 1994 . Rule 1.01 ~ A lawyer shall not engage in unlawtul, dishonest, immoral or deceitful conduct. Guevara v. Eala, A.C. No. 7136, August 1, 2007 ®)Tabang v. Gacott, A.C.No. 6490, July 9, 2013 “Reyes v. Gaa, 246 SCRA 64 Geeslin v. Navarro, 185 SCRA 230 eople v. Tuanda, 181 SCRA 692 ‘In re: Abesamis, 102 Phil. 1182 Medina v, Bautista, 12 SCRA 1 In re: Delos Angeles, 106 Phil. 1 ail re: Peralta, 101 Phil. 313 @lLeynes v. Veloso, 82 SCRA 325 In re: Avancefia, 20 SCRA 1012 2:n re: Del Rosario, 52 Phil. 399 Ein re: Basa, 41 Phil. 275 2Arciga v. Maniwang, 106 SCRA 591 )Royong v. Oblena, 7 SCRA 871 Alfonso v. Juanson, 228 SCRA 239 Toledo v. Toledo, 7 SCRA 757 = Obusan v. Obusan, 128 SCRA 485 @Dizon v. Cabucana, Jr.A.C. No. 10185, March 12,2014 b. Rule 1.02- A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. ® In re: Santiago, 70 Phil. 661 In re: Terrell, G.R. No. 1203, May 15, 1903, 2 Phil. 266 . Rule 1.03 - A lawyer shall not, for any comupt motive or interest, encourage any suit or proceeding or delay any man’s cause. - Baratry - Ambulance Chasing @) Millare v. Montero, 246 SCRA 1 d. Rule 1.04- A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. ©) De Ysasi ll v. NLRC, GR No. 104599, March 11, 1994 Pajares v. Abad Santos, 30 SCRA 748 2. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. - Rule on Mandatory Legal Aid Service for Practicing Lawyers - Republic Act No. 9999 @ Olbes v. Deciembre, 457 SCRA 341 a. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. - IBP Guideline, Art. 1, Sec. 1 Public Service Valid Reasons for refusing to accept representation of indigent clients