Polytechnic University of The Philippines College of Law: I. Coverage For Midterm Examinations (8 Weeks)

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Republic of the Philippines

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES


COLLEGE OF LAW

Course Title : BASIC LEGAL ETHICS

Course Code :

Course Credit : 3 Units

Pre-Requisite : None

Professor : Angel Chona Grace I. Valero-Nuñez

Email Address : [email protected]

Book Preference/s : Basic Legal Ethics, Dizon

Platform/s : Zoom App

Methodology : Synchronous & Asynchronous modalities/Recitation/Exercises/Assignments/Lecture/Digest of cases/Written & Oral Report/Pop-Ed

Course Description : The course will introduce the students to the meaning and significance of legal ethics. It will deal with the canons of legal ethics and
related jurisprudence involving the four-fold duties and responsibilities of the lawyer with respect to the public or society, the bar or legal
profession, the courts and the client.

COURSE PLAN

I. COVERAGE FOR MIDTERM EXAMINATIONS (8 weeks)

WEEK TOPIC FOR DISCUSSION MATERIALS

1st Course Backgrounder and Class Policy Course Outline


MMMMMMMMMMMMMMMMMMCLXXXIV.
2nd I I. Preliminaries ● Basic Legal Ethics by Theresa S. Dizon –
A. Paving the Path for Legal Ethics  Chapters I, II, III, IV
● Introduction ● 1987 Philippine Constitution
● Relevant Articles  ● Revised Rules of Court

3rd B. Legal Ethics ● A Lawyer’s Letter to His Son by Jose “Pepe” Diokno
● Definition (Practice of Law; Legal Ethics) ● The Indomitable Rene by Rene Saguisag
● Definition of Relevant Terms (Meta Cards Exercise) ● https://youtu.be/siMD4S4aLEE
● Sources ● CJ Gesmundo’s reply letter top Hans Kasilag
● Four-Fold Duty ● Justice Caguioa’s reply letter to Romel Agapay
● Case Discussion ● Lawyer’s Oath by Justice Camilo Sabio
● BM No. 3454
C. Admission to the Bar (Pop-Ed) ● BM No. 1153
● Supervision and Control ● AM No. 19-03-24-SC
● Qualifications ● Santos v. Llamas (January 20, 2000)
● Student Practice Rule ● Cayetano v. Monsod (201 SCRA 210)
● Bar Examination ● Zari v. Flores ( 94 SCRA 317)
● Membership in the Integrated Bar of the Philippines (IBP) ● Alawi v. Alauya (268 SCRA 628)
● Continuing Requirement for Membership in the Bar ● In re Cunanan (94 PHIL 534)
● Lawyer’s Oath ● In re integration of the Bar (49 SCRA 22)
● Disbarment and Suspension ● Ulep v. Legal Aid Clinic (223 SCRA 378)
● Case Discussion ● Valencia v. Cabanting, etal. (196 SCRA 302)
● In Re Almacen (31 SCRA 562)
● BM 114 Haron Meiling (June 8, 2004)
4th,5th, 6th, 7th II. Duties and Responsibilities of a Lawyer Under the Code of ● Basic Legal Ethics by Theresa S. Dizon –
Professional Responsibility Chapter V
A. To Society (Canons 1-6) ● Code of Professional Responsibility 
1. Respect for Law and Legal Processes ● Other Related Laws
2. Efficient and Convenient Legal Services ● Bates v. State of Arizona (433 U.S. 350)
3. True, Honest, Fair, Dignified and Objective Information ● In re Tagorda (53 PHIL 37)
on Legal Services ● Director v. Bayot (74 PHIL 579)
4. Participation in the Improvement of and Reforms in the ● Kahn v. Simbillo (409 SCRA 299)
Legal System ● Hilado v. David (84 PHIL 569)
5. Participation in Legal Education Programs ● Donald Dee v. CA and Amelito Mutuc (176
● Case Discussion SCRA 651)
● Santiago v. Fojas (248 SCRA 68) 
B. To the Legal Profession (Canons 7-9) ● Uy Cheng Seng v. Magat (119 SCRA 111)
1. Integrated Bar of the Philippines (IBP) (Rule 139-A)
● Guevarra v. Eala (529 SCRA 1)
2. Upholding the Dignity and Integrity of the Profession
● Perez v. Catindig and Baydo (March 10,
3. Courtesy, Fairness, Candor Toward Colleagues
2015)
4. No Assistance in Unauthorized Practice of Law
● Puyat v. De Guzman (113 SCRA 31)
● Case Discussion
● Fernandez v. Grecia (223 SCRA 425)
● Anonymous v. Co-Untian (April 10, 2019)
C. To the Courts (Canons 10-13)
1. Candor, Fairness, Good faith to the Courts ● In Re Argosino (March 19, 1997)
2. Respect for Courts and Judicial Officers ● Resureccion v. Ayson (December 14, 1998) 
3. Assistance in the Speedy and Efficient Administration ● Tabuzo v. Gomos (July 23, 2018)
● Freeman v. Reyes (November 15, 2011)
of Justice ● Ventura v. Samson (November 27, 2012)
4. Reliance on Merits of His/Her Cause and Avoidance of ● Cojuangco v. Palma (September 15, 2004)
Any Impropriety which Tends to Influence or Gives ● Sesbreno v. CA (April 16, 2008)
the Appearance of Influence Upon the Courts   ● Caronan v. Caronan (July 12, 2016)
● Case Discussion ● Manalang v. Buendia (2020)
● Additional readings and cases may be
D. To the Clients (Canons 14-22) assigned in class
1. Availability of Service without Discrimination
2. Candor, Fairness, and Loyalty to Clients
3. Client’s Monies and Properties
4. Fidelity to Client’s Cause
5. Competence and Diligence
6. Representation with Zeal within Legal Bounds
7. Attorney’s Fees
8. Preservation of Client’s Confidences
9. Withdrawal of Services
● Case Discussion
8th MIDTERM EXAMINATION

II. COVERAGE FOR FINAL EXAMINATIONS (8 weeks)

WEEK TOPIC FOR DISCUSSION MATERIALS

1ST, 2nd III. Discipline of Lawyers (Rule 139-B, Rules of Court, as amended ● Revised Rules of Court
by     Bar Matter No. 1645) ● BM No. 1645
A. Nature and Characteristics of Disciplinary Actions ● BM No. 850
B. Grounds ● BM No. 1992
C. Proceedings ● Notarial Rules 2004
● Case Discussion ● 2020 Rules on Remote Notarization
     ● Mapalad v. Echanez (June 6, 2017)
IV. Readmission to the Bar ● Turla v. Caringal (March 12, 2019)
A. Lawyers who have been suspended ● Arnado v. Adaza (August 15, 2015)
B. Lawyers who have been disbarred ● Belo v. Guevara (December 2016)
● Paras v. Paras (March 13, 2017)
● Macarubbo v. Macarubbo (2013)
3rd, 4th V. Mandatory Continuing Legal Education (MCLE) ● Velasco v. Causing (March 2, 2021)
         A. Purpose ● Petition of Atty. Dacanay (December 7, 2017)
         B. Requirements ● Domingo-Agaton v. Cruz (May 4, 2021)
C. Compliance ● Nunez v. Ricafort (Mar, 2, 2021)
D. Exemptions ● Tan v. Gumba (January 10, 2018)
E. Sanctions  ● Rigon v. Subia (September 7, 2020)
● Reyes v. Vitan (August 10, 2010)
VI. Notarial Practice ● Jimeno v. Zaide (April 22, 2015)
A. Qualifications of a Notary Public ● Basic Legal Ethics by Theresa Dizon – Ch
B. Term of Office VII-VIII
C. Powers and Limitations ● Additional cases and readings may be
D. Notarial Register assigned in class
E. Jurisdiction and Place of Notarization
F. Revocation of Commission
G. Competent Evidence of Identity
H. Sanctions
● Case Discussion
5th, 6th, 7th VII. Judicial Ethics ● New Code of Judicial Conduct – Bangalore
A.  Sources Draft
B.  Qualities ● IBP By Laws
C.  Administrative Jurisdiction ● Pimentel v. LEB (September 2019)
D. Disqualification of Judicial Officers  ● DECS v. San Diego (December 21, 1989)
E. Initiation of Complaint  ● Bar Bulletins
F. Discipline of Members of the Judiciary ● AM No. 16-06-03-SC
● Case Discussion ● Judge Acpajora v. Calayan (January 10, 2018)
● Mane v. Judge Belen (2008)
VIII. Integrated Bar of the Philippines (IBP) ● Basic Legal Ethics by Theresa Dizon – Ch
IX-XI
● Additional readings and cases may be assigned
IX. Legal Education Board in class

X. Rules to Remember/Requirements and Forms for the Bar Exams


th
8 FINAL EXAMINATIONS

COURSE GRADING SYSTEM1

MIDTERM GRADE
50% CLASS STANDING
50% MIDTERM EXAMS

TOTAL = 100%

FINAL GRADE
30% MIDTERM GRADE
35% CLASS STANDING
35% FINAL EXAMS

TOTAL = 100%

1
The grading system is subject to the discretion of the professor.
Prepared by:

ANGEL CHONA GRACE I. VALERO-NUÑEZ


Name of Faculty

Approved by:

____DEAN GEMY LITO L. FESTIN__ _DR. EMMANUEL C. DE GUZMAN____


Dean, College of Law Vice President for Academic Affairs

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