Legal Ethics Syllabus
Legal Ethics Syllabus
Legal Ethics Syllabus
3. What constitute the Practice of Law? (Cayetano vs. Monsod, G.R. No. 100113, Sept. 3, 1991)
4. Does being a member of the Bar a matter of right or a mere privilege? MCLE compliance / PTR
payment Requirements / B.M. 2012
5. Admission to the bar (In Re Almacen, .R. Nos L-27654, Feb. 18, 1970; In Re: Lanuevo, A.C. No.
1162, Aug.29, 1975)
6. Enumerate the 10 requirements for admission to the bar (In Re: Application for Admission to the
Bar of Vicente Ching, B.M. 914, Oct. 01, 1999
7. Philippine Shari’ Bar: Disqualification of Bar Examinee Haron S. Meling, B.M. 1154, June 8, 2004
8. Who may be called “Attorney”? Alawi vs Alauya, A.M. No. SDC-97-2-P, Feb. 4, 1997; In Re:
Galang, 66 SCRA 245 (1975); Aguirre vs. Rana, 403 SCRA 342 (2003)
9. Private practice OCA vs. Atty. Lagada, A.M. No. P-99-1287, Jan. 26, 2001
10. Can a non-lawyer practice law? Pro se/Union representative/ MTC –criminal/ Revised Law
Student Practice Rule, Rule138-A Sec. 1, Rules of Court. (Revised by A.M. 19-03-24)/cadastral
court/ persons authorized to representing the government.
11. What is Pro se? Pp vs. Santocildes Jr., G.R. No. 109149 Dec. 21, 1999
12. Limitations on appearance of non-lawyer before the courts (PAFLU vs. Binalbangan Isabela Sugar
Company, G.R. No. L-23959, Nov. 29, 1971
14. Public official who are lawyer but cannot practice law? – Catu vs. Deciembre, A.C. No. 5738, Feb.
19, 2008
16. Who are these government officials who may practice? – PCGG vs. SB, G.R. 151809-12 April 12,
2005
17. What are the 8 subjects in the bar examination and corresponding weighted percentage?
18. What is the passing average in the bar? Can the Supreme Court adjust to lower it? Sec. 5 (5) Art.
VIII1987 Constitution
19. Can legislature enact laws to regulate the practice of law? In Relation to RA 9999
20. What are the four fold duties of a lawyer? Maligsa v. Cabanting A.C. No. 5859
22. Kinds of attorney’s fees? awarded (Avala vs High Capacity GR 2033328 2017)
24. Can the court temper the rate of attorney’s fees? (D.M. Consunji, Inc. vs. LNRC, 143 SCRA 212) /
Rosario, Jr. v. de Guzman, et al. 2013
25. Can a lawyer collect his attorney’s fee even without a written contract? Tanhuenco vs De Duma,
AC # 1437 and 1683 1989,
26. What remedies available for the lawyer to secure his professional fees? Charging Lien/Retaining
Lien/ Suit in assumpsit
27. What are the common terminologies in the legal profession? Bar, Bench, Practice of Law,
Attorney-at-Law / Counsel-at- Law / Attorney/ Counsel/ Abogado / Boceros/ Attorney in fact
/Counsel de Oficio/ Attorney ad hoc / Attorney of Record / of counsel, lead counsel, house
counsel, bar association, advocate, barrisster, titulo de abogado, immoral conduct, grossly
immoral conduct, moral turpitude, pro se, barratry, ambulance chasing, contingent fee, amicus
curae, amicus curae par excellence, champertous contract, quantum meruit, case at bar, case at
bench, de minimis, disbarment, sui generis, litigation, Notatu dignum, Sub judice. Collaborating
counsel, counsel de parte.
Layer’s Oath – related cases: Olbes vs. Deciembre, A.C. No. 5365, April 27, 2005; Re: Administrative Case
Atty. Samuel C. Occeña, A.C. No. 2841, July 3, 2002; Re: Petition Of Al Argosino To Take The Lawyer's
Oath, B.M. No. 712, March 19, 1997; Grande vs. Atty. Evangeline De Silva, A.C. No. 4838, July 29, 2003)
30. What is one of the continuing requirements for a lawyer to practice his profession?
31. Practice under detention (PP vs. Maceda, G.R. Nos. 89591-96 Jan. 24, 2000)
32. What is private practice? OCA vs. Atty. Lagada A.M. No. P-99-1287, Jan. 26, 2001
33. What is the definition of Good Moral Character? (ANONYMOUS COMPLAINT AGAINST ATTY.
CRESENCIO P. CO UNTIAN, JR., AC NO. 5900, APRIL 10, 2019)
35. What are the penalties or punishments that can be imposed to erring lawyers?
37. What is the quantum of evidence required to a judged an erring lawyer administratively guilty?
(Eduardo B. Prangan v. NLRC, G.R. 126529, April 15, 1998.) . (Domingo v. Sacdalan, A.C. No.
12475 March 26, 2019)
38. In case there is doubt in the interpretation and application of law and appreciation of pieces of
evidence, what is the rule?
40. If a lawyer is at the same time a government employee can he be subjected to disciplinary
action as a lawyer involving official acts of his office? (Lim vs. Barcelona, 425 SCRA 67 2000)
41. Can a disbarred lawyer abroad, be automatically disbarred in the Philippines? Leon G. Maguera
Bar Matter No. 793 / 328 SCRA 636
42. Is there such a thing as Double or Multiple Disbarment as a penalty? 748 Phil. 18 (2014) and A.C.
No. 5333 March 13, 2017.
43. May a lawyer who was suspended from practice of law automatically resume his legal practice
after the lapse of the suspension period? Office of the Court Administrator Circular No. 44-2014)
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND
PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
Cases:
Immoral Conduct: A.C. No. 7136 2007 the case of Atty. Jose Emmanuel Eala
Deceitful Act: A.C. 8000 of 2014 Chamelyn A. Agot vs. Atty. Luis P. Rivera,
Dishonest Conduct: A.C. No. 10196 2014 Nery vs. Atty. Sampana
Gross immorality (Case21-31: Cobb-Perez v. Lantin, L-22320, July 29, 1968; Obusan v. Obusan Jr.,
1392, April 2, 1984; In re: Disbarment of Armando Puno, 389, Feb. 28, 1987; Mortel v. Aspiras, 145, Dec.
28, 1956; Terre v. Terre, 2349, July 3, 1992; Delos Reyes v. Aznar, 1334, Nov. 28, 1989; Royong v.
Oblena, 376, April 30, 1963; Laguitan v. Tinio, 3049, Dec. 4, 1989; Cordova v. Cordova, 3249, Nov. 29,
1989; Orbe v. Adaza, 5252, May 20, 2004; Mecaral v. Velasquez, 8392, June 29, 2010)
46. 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.
RA 9999
2012
Rules on Advertisement of lawyers Cases 34-35: Ulep v. Legal Clinic, 553, June 17, 1993; Khan v.
Simbillo, 5299, Aug. 19, 2003
47. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST,
FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec.
15, 1987 Constitution).
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
RA 910, Sec. 1
Rule 3.04 of Canon 3, states that a lawyer shall not practice “payola system”
48. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
REVISED LAW STUDENT PRACTICE RULE/ Rule 138-A A.M. NO. 19-03-24-SC
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF
THEIR TASKS.
Prohibition under R.A. 6713: Feb. 20, 1989 (1-year ban from separation) Section 7(b) (2) vis a vis
with Rule 6.03
49. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
What is IBP?
Board of Governors
Membership dues
Effect of non-payment (Case 39-41:GarIn re: Edillon, 1928, Dec. 19, 1980; Santos Jr. vs. Lamas,
4749, Jan. 20, 2000; In re: Arevalo Jr., 1370, May 9, 2005)
Privileges of a lawyer
Duties of attorneys
Instances of disrespectful language (Cases42-44: Suo v. Cloribel, 01-1-15-RTC, July 10, 2003;
Zaldivar v. Gonzales, 79690-707, Feb. 1, 1989; Castillo v. Padilla, 2339, Feb 1984)
50. CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
51. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Fidelity to the cause of client vs. your duty to administer justice (Case46-47:Garcia v. Francisco,
3923, mar. 30, 1993; Maligaya v. Doronilla, 6189, Sept. 15, 2006)
Requirements of candor
Cases of falsehoods that merited discipline(Case48-49: Monterey v. Arayata, 3527, 3408, Aug.
23, 1935; Berenguer v. Carranza, 716, Jan. 30, 1969)
53. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
Estrada v. Sandiganbayan, 159486-88, Nov. 25, 2003 on Atty. Paguia: respect due to the court s
and judicial officers)
Can a lawyer criticize the court? In re: Almacen (Case52-53: Letter of UP Law Faculty, 10-10-4-
SC, Oct. 19, 2010; Pobre v. Sen. Santiago, 7399, Aug. 25, 2009)
54. CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN
THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
Case54-55: Jardin v. Atty. Villar, 5474, Aug. 28, 2003; EGMPC v. CA, 123698, Aug. 5, 1998)
Who is a witness
Five rights of a witness (Case57: Pp. v. Nuguid, 148991, Jan. 21, 2004
55. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
Three principal types of lawyer’s professional activity (Case59: Uy v. Gonzales, 5280, Mar. 30,
2004
57. CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS
AND TRANSACTIONS WITH HIS CLIENTS.
What are the requisites of privilege communication? When does privilege communication
commence? What is the duration of such privilege?
58. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS POSESSION.
59. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
Instances when obligations to keep client’s secrets do not apply. (AC No. 4219; GR Nos.
146357&148170)
60. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
AC No. 5687
Are the mistakes or negligence of a lawyer binding upon the client? What are the exceptions?
61. CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
62. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
63. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
Is the client’s consent required in case of withdrawal? What are the exceptions?
Can a client discharge the services of his lawyer? What are the rules?
64. CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
66. Definition of terms: Court / Judge? De jure judge/ de facto judge/ judge’s family
Canon 2 Integrity
Canon 3 Impartiality
Canon 4 Propriety
Canon 5 Equality
72. Biraogo vs. Nograles and Limkaichong, G.R. 179120. 11 August 2009
76. 237438
in re J. Baltazar Dizon, adm. case 3086 1989 (Res ipsa loquitur doctrine – used in the
investigation of judges)
Heirs of the late Rev. Father Jose Aspiras vs. J. Clifton U. Ganay AM RTJ 07-2055 2009
Aparicio vs Andal GR 86587-93 1989 filing of admin case against the judge will ipso facto
disqualify the judge?
REMITTAL OF DISQUALIFICATION
Is there affinity between the husband’s brother and the wife’s sister? Tiggangay v. J. Wacas AM
OCA IPI No. 09-3243-RTJ, April 1, 2013)
Benelfre J. Galang vs. Judge Avelardo H. Santos AM No. MTJ 99 1197 1999
Between the positive testimonies of the complainant is stronger than the negative testimony of
the judge. Naval vs. Panday 275 SCRA 654 1997
this constitute Gross Ignorance of the law (presence of malice is not required to be prove =
Jandra vs. Rojas 530 SCRA 796 2007
BIAS and PREJUDICE – must come from EXTRAJUDICIAL source not on the merits based on the
piece of evidence presented.
Power of the Court to site persons in contempt (De Guia vs. Guerrero Jr. 54 SCAD 1, 234 SCRA
625 1994)
Judge renders judgment a day after a case is submitted for decision – did he act with propriety?
(Fule vs CA, et al GR 112212 1998)
When is a judge liable for rendering an unjust judgment? (Heirs of the late Yasin vs Judge Felix,
66 SCAD 157, 250 SCRA 545)
May a judge be held administratively accountable for every erroneous order or decision he
rendered? ( Austria v judge Beltran AM RTJ 98-1406 1999)
Judge granted bail in a capital offense absence of bail hearing? Concerned Citizens vs Elma, 58
SCAD 720 241 SCRA 84
Error of judgement without bad faith is not subject to sanctions: (Franil vs Pagayatan, 363 SCRA
707 2001)
LIST OF CASES FOR DIGEST:
Under Canon 1
Rule 1.01
8.In re Basa
1.02
Rule 1.03
Rule 1.04
Canon 2
Canon 3
Canon 5
Canon 6
47. Reyes v. Gaa Adm. Matter No. 1048 July 14, 1995
Rule 6.01
Rule 6.02
Rule 6.03
Canon 7
Canon 8
Rule 8.02
Canon 9
Rule 9.01
Canon 10
Rule 10.1
Rule 10.02
76. Insular life Assurance Co. Employees Assn. V. Insular life Assurance Co. GR L-25291 1971
Rule 10.3
Rule 11.01
Rule 11.02
Rule 11.03
Rule 11.04
Rule 11.05
Canon 12
Rule 12.03
Rule 12.09
Canon13
Rule 13.01
Rule 13.02
Rule 13.03
Canon 15
Rule 15.03
107. Camilla, et al v. Marino jr. AC 4763 2003
Rule 16.04
Canon 17
Cano 18
Rule 18.03
Rule 19.01
Canon 20