UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

College of Law
Cebu City

Course No. : LLB 137N

Course Title : Basic Legal Ethics
Credit : 3 units (3 lecture hours per week)
Prerequisite Course : None
Course Professor : Judge Amy Rose A. Soler-Rellin
Email address : [email protected]
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COURSE DESCRIPTION:

The subject aims to inform students about legal and judicial ethics and to develop in them deeper interest and appreciation of the subject. More importantly, the subject
aims to inculcate upon the students that law is a profession, a noble calling; as such, it should have ethical standards that should be observed and followed by the members
thereof for it to remain a noble and honorable profession.

For Legal Ethics, the course covers the duties which a lawyer owes to the court, to his client, to his colleagues in the profession, and to the community, as embodied in
the Constitution, the Rules of Court, Code of Professional Responsibility, jurisprudence, and special laws.

For Judicial Ethics, the course covers the right and proper conduct to be observed by all judges and magistrates in trying and deciding controversies brought to them for
adjudication as embodied in the New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft), Code of Judicial Conduct, Rules of Court, jurisprudence, and special
laws.

In addition to learning the ethical norms and standards of conduct for the bar and bench, the course aims to study the administrative procedure and penalties against
errant lawyers and judges.

PROGRAM LEVEL LEARNING OUTCOMES (PLLO):

Upon completing the law program, Carolinian law graduates will demonstrate the following:

PLLO 1: KNOWLEDGE PLLO 4: RESEARCH SKILLS

PLLO 2: ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO THE WORD PLLO 5: COMMUNICATION AND COLLABORATION
PLLO 3: THINKING SKILLS PLLO 6: SELF-MANAGEMENT
 At the end of the law program, the Carolinian law graduate is expected to be Witness to the Word and to embody the folllowing Graduate Attributes:

Scientia: A COMPETENT PROFESSIONAL Virtus: A VIRTUOUS EXEMPLAR Devotio: A DEDICATED ADVOCATE

Critical thinker Incorruptible servant leader Committed peacemaker

Lifelong learner Ethical and values-driven practitioner Culture- sensitive patriot
Skilled researcher Socially- engaged citizen
Sound decision- maker Passionate worker for the marginalized
Innovative problem-solver
Effective and articulate communicator

COURSE LEVEL LEARNING OUTCOMES (CLLO)

Upon completion of the course Basic Legal Ethics, the students should be able to:

CLLO 1: Explain and internalize essential laws, canons, rules and jurisprudence on legal and judicial ethics, as well as the sanctions imposed or repercussions in case of
ethical breach by lawyers and judges.

CLLO 2: Recognize, reflect upon and decisively consider ethical issues and problems in a manner reflective of the values and attributes of a Carolinian.

CLLO 3: Examine the facts of a given case, find the relevant facts and the key issues, identify and apply the rules and principles involved, and generate appropriate
responses.

CLLO 4: Find and use relevant primary and secondary legal sources to reinforce evaluation and synthesis of learning variables.

CLLO 5: Communicate persuasively the paramount tenets of legal and judicial ethics; demonstrate the ability to use appropriate means and form of communication
depending on the needs of legal or non-legal audiences; render appropriate opinion after demonstrating the use of active listening skills such as questioning, summarizing
and paraphrasing.

CLLO 6: Demonstrate ability to learn and work independently, as well as the ability to work in groups or cooperatively with others.

COURSE REQUIREMENTS:

1. Regular Attendance;
2. Passing grade in oral recitation;
3. Passing grade in individual and group works;
4. Passing grades in Midterm, Pre-Final and Final Exams.

Syllabus, Basic Legal Ethics, Page 2 of 8

PRESCRIBED TEXTBOOK:

Pineda, Legal Ethics.

Pineda, Judicial Ethics.

GRADE DISTRIBUTION:

Midterm Score Equivalent - 30%

Pre-Final Score Equivalent - 20%
Final Score Equivalent - 30%
Class Standing - 20%
TOTAL 100%

POLICY ON CLASS RECORDINGS AND COURSE MATERIALS:

The course materials are all academic property of the course professor. A student may not record any part of the class by any means, and in exceptional cases that the
student receives written faculty authorization to record a class, the student may not copy or download such recording to a computer or any device for distribution. All course
materials are for the student’s personal education and study. Unauthorized use of the course materials shall be treated as violation of the University policy on honesty as well as
infringement of copyright laws.

COURSE OUTLINE:

LEGAL ETHICS

General Topics Assigned Cases / Study Materials

Introduction Cayetano vs. Monsod, 201 SCRA 210

Legal Ethics, meaning and significance Philippine Lawyer's Association vs. Agrava, 105 Phil 173
Bases of Legal Ethics In Re: Al Argosino, 246 SCRA 14
Definition of Terms commonly used in Legal Ethics In Re: Al Argosino, Bar Matter No. 712, March 19, 1997
Practice of Law In Re: Borromeo, 241 SCRA 405
Practice of Law Concepts: Privilege, Profession (not Business) In Re: Dacanay, B.M. NO. 1678, December 17, 2007
Qualifications for Admission to the Bar Catu vs. Rellosa, AC No. 5738, 19 February 2008
Qualifications for Membership in Good Standing in the Bar Rule 138, Rules of Court
Appearance by non-lawyers (Law Student Practice, Non-Lawyers in Courts and other Tribunals) Rule 138-A, Rules of Court
Proceedings where lawyers are prohibited from appearing
Sanctions for practice or appearance without authority
Public officials and practice of law

Syllabus, Basic Legal Ethics, Page 3 of 8

Prohibition or disqualification of former government attorneys
Public officials who cannot practice law or with restrictions
Lawyers authorized to represent the government
Lawyer’s oath

Duties and Responsibilities of a Lawyer to Society Canon 1

Bongalonta vs. Castillo, 240 SCRA 310
Canon 1 – Duty to uphold the Constitution and the laws Moreno vs. Araneta, A.C. No. 1109, April 27, 2005
Canon 2 – Duty to be an efficient lawyer Abella vs. Barrios, Jr., A.C. No. 7332, June 18, 2013
Canon 3 – Duty of honest and dignified pronouncement of legal service
Canon 4 – Duty to support the improvement of the legal system Canon 2
Canon 5 – Duty to keep abreast of legal developments Ulep vs. Legal Clinic, Inc., 223 SCRA 378
Canon 6 – The Canons apply to lawyers in government service Villatuya vs. Tabalingcos, A.C. No. 6622, July 10, 2012
Bar Matter No. 2012, February 10, 2009

Canon 3
Khan vs. Simbillo, A.C. No. 5299, August 19, 2003
Canon 5
Bar Matter No. 850, October 2, 2001
Bar Matter No. 1922, June 3, 2008
OCA Circular No. 79-2014

Canon 6
PCGG vs. Sandiganbayan, G.R. No. 151805 (2005)

Duties and Responsibilities of a Lawyer to the Legal Profession Canon 7

In Re: Meling, B.M. No. 1154. June 8, 2004
Canon 7 – Duty to uphold the dignity of the legal profession Rule 139-A, Rules of Court
Canon 8 – Duty of professional courtesy In Re: Edillon, 84 SCRA 554
Canon 9 – Duty to shun unauthorized practice of law Santos vs. Llamas, A.C. No. 4749, Jan. 20, 2000

Canon 8
Linsangan vs. Tolentino, A.C. No. 6672, September 4, 2009

Canon 9
Noe-Lacsamana vs. Busmente, A.C. No. 7269, November 23, 2011

Duties and Responsibilities of a Lawyer to the Courts Canon 10

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 Hueysuwan vs. Florido, A.C. No. 5624, Jan. 20, 2004
Canon 10 – Duty of candor, fairness, and good faith to the courts Eternal Gardens Memorial Park vs. CA, G.R. No. 123698, Aug. 5, 1998
Canon 11 – Duty to give respect to the courts
Canon 12 – Duty to assist in the speedy and efficient administration of justice Canon 11
Canon 13 – Duty not to influence judges In Re Almacen, GR No. L-27654, Feb. 18, 1970
Wicker vs. Arcangel, G.R. No. 112869, Jan. 29, 1996
Re: Letter of UP Law Faculty, A.M. No. 10-10-4-SC, March 8, 2011

Canon 12
Nunez vs. Atty. Ricafort, A.C. No. 5054, May 29, 2002
Santiago vs. Atty. Rafanan, A.C. No. 6252, Oct. 5, 2004

Canon 13
Lantoria vs. Atty. Bunyi, A.C. No. 1769, June 8, 1992.
Estrada vs. Sandiganbayan, G.R. Nos.159486-88, November 25, 2003

Duties and Responsibilities of a Lawyer to the Clients Canon 14

Santiago vs. Fojas, Adm. Case No. 4103, September 7, 1995
Canon 14 – Duty to render legal service to the needy
Canon 15 – Duty of candor, fairness and loyalty to the client Canon 15
Canon 16 – Duty to be a trustee of client’s moneys and properties Northwestern Univ., Inc. vs. Arquillo, A.C. No. 6632. August 2, 2005
Canon 17 – Duty of fidelity to the cause of the client Artezuela vs. Maderazo, A.C. No. 4354, April 22, 2002
Canon 18 – Duty to serve with competence and due diligence PNB vs. Cedo, Adm. Case No. 3701, March 28, 1995
Canon 19 – Duty to serve only within the bounds of law Regala vs. Sandiganbayan, G.R. No. 105938, September 20, 1996
Canon 20 – Duty to charge only fair and reasonable fees
Canon 21 – Duty to preserve the client’s confidence and secrets Canon 16
Canon 22 – Duty to withdraw services only for good cause and upon notice Unity Fishing vs. Atty. Macalino, A.C. No. 4566, December 10, 2004
Junio vs. Atty. Grupo, A.C. No. 5020, December 18, 2001
Pelmoka vs. Judge Diaz, Jr., A.C. No. 2662-CFI, November 26, 1982
Lemoine vs. Balon, Jr. A.C. No. 5829, October 28, 2003

Canon 17
Rosacia vs. Atty. Bulalacao, A.C. No. 3745, October 2, 1995
Lorenzana Food Corp. vs. Daria, A.C. No. 2736, May 27, 1991

Canon 18
Adarne vs. Aldaba, A.C. No. 801, June 27, 1978
Reyes vs. Vitan, A.C. No. 5835, April 15, 2005

Syllabus, Basic Legal Ethics, Page 5 of 8

 Canon 19
Gonzales vs. Sabacajan, Adm. Case No. 4380, October 13, 1995

Canon 20
Leviste vs. CA, G.R. No. L-29184, January 30, 1989
Licudan vs. CA, G.R. No. 91958, January 24, 1991
Retuya vs. Gorduiz, A.C. No. 1388, March 28, 1980
Ramos vs. Ngaseo, A.C. No. 6210. December 9, 2004
Director of Lands vs. Ababa, G.R. No. L-26096 February 27, 1979

Canon 21
Suntay vs. Suntay, Adm. Case No. 1890, August 7, 2002

Canon 22
Montano vs. IBP, A.M. No. 4215, May 21, 2001
Canoy vs. Ortiz, A.C. No. 5485, March 16, 2005

Administrative Liability and Procedure against Lawyers Bengco vs. Bernardo, A.C. No. 6368, June 13, 2012
Nature and Characteristics of Disciplinary Actions against Lawyers Zaguirre vs. Castillo, A.C. No. 4921, March 6, 2003
Grounds for Suspension or Disbarment of Members of the Bar Fortun vs. Quinsayas, G.R. No. 194578, February 13, 2013
Liabilities of a Lawyer – Administrative, Civil, Criminal Villalon, Jr. vs. IAC, G.R. No. 73751, September 24, 1986
Filipino Lawyer Disciplined/Disbarred in Foreign Jurisdiction Plaza vs. Amamio, A.M. No. P-08-2559, March 19, 2010
Effect of Pardon In re: Maquera, B.M. No. 793, July 30, 2004
Basic Principles in Administrative Proceedings Rule 139, Rules of Court
Procedure in Disbarment and Other Disciplinary Proceedings Rule 139-B, Rules of Court
Readmission/Reinstatement to the Bar

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

Qualifications of notary public Bautista vs. Bernabe, A.C. No. 6963, February 9, 2006
Term of office of notary public
Powers and limitations
Notarial register
Jurisdiction of notary public and place of notarization
Revocation of commission
Competent evidence of identity
Sanctions

Syllabus, Basic Legal Ethics, Page 6 of 8

JUDICIAL ETHICS

General Topics Assigned Cases / Study Materials

Sources:
New Code of Judicial Conduct for the Philippine Judiciary
Code of Judicial Conduct

Qualities (New Code of Judicial Conduct for the Philippine Judiciary): Canon 1
Marces, Sr. vs. Arcangel, A.M. No. RTJ-91-712, July 9, 1996
Canon I – Independence In Re: Inting, A.M. No. 11-190-CA-J, April 24, 2012
Canon II – Integrity
Canon III – Impartiality Canon II
Canon IV – Propriety OCA vs. Necessario, et. al., A.M. No. MTJ-07-1691, April 2, 2013
Canon V – Equality Tobias vs. Limsiaco, Jr., A.M. No. MTJ-09-1734, January 19, 2011
Canon VI – Competence and Diligence
Canon III
Sy vs. Dinopol, A.M. No. RTJ-09-2189, January 18, 2011
Tabora vs. Carbonell, A.M. No. RTJ-08-2145, June 18, 2010

Canon IV
Rubin vs. Aguirre, Jr., A.M. No. RTJ-11-2267, January 19, 2011
Reyes vs. Duque, A.M. No. RTJ-08-2136, September 21, 2010
Umali vs. Villarante, A.M. No. RTJ-08-2124, August 27, 2009

Canon V
Correa vs. Belen, A.M. No. RTJ-10-2242, August 6, 2010
Salazar vs. Marigomen, A.M. No. RTJ-06-2004, October 19, 2007
Uy vs. Javellana, A.M. No. MTJ-07-1666, September 5, 2012

Canon VI
Valdez vs. Torres, A.M. No. MTJ-11-1796, June 13, 2012
OCA vs. Leonida, A.M. No. RTJ-09-2198, January 18, 2011
OCA vs. Floro, Jr., A.M. No. RTJ-99-1460, March 31, 2006

Disqualification of Justices and Judges Rule 137, Rules of Court

Compulsory Disqualification The Incorporators of MII vs. UCCP, G.R. No. 171765, March 21, 2012
Voluntary Inhibition Pagoda Phils. vs. Univ. Canning, G.R. No. 160966, October 11, 2005

Syllabus, Basic Legal Ethics, Page 7 of 8

 Barnes vs. Reyes, G.R. No. 179583, September 3, 2009
Martinez vs. Gironella, G.R. No. L-37635, July 22, 1975

Discipline of Members of the Judiciary Articles of Impeachment against CJ Renato Corona

Administrative Charges/Offenses and their Penalties Verdict, Corona Impeachment
Res Ipsa Loquitur Rule 140, Rules of Court
Automatic Conversion SC Adm. Circular No. 1, January 28, 1988
Judicial Immunity A.M. No. 02-9-02-SC
Effect of Resignation, Death, Separation from Service Samson vs. Caballero, A.M. No. RTJ-08-2138, August 5, 2009
Basic Principles De la Paz vs. Adiong, A.M. No. RTJ-04-1857, July 29, 2005
IMPCT vs. Davide, A.C. No. 7197, January 23, 2007

NOTE:
• Assigned cases are understood to be in addition to cases cited in the textbook.

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