Basic Legal Ethics

AY 2015-2016; 2nd Semester.

1W. Thursdays, 03:30pm-06:30pm
House Rules, Notes, Homework, Recit Questions.

Case List https://www.facebook.com/groups/1450611491929581/permalink/1549992308658165/

Page 1 http://40.media.tumblr.com/00b5cad2157f412e0199990ebd8f33ac/tumblr_o1b0kkcVJ01qiqo98o1_1280.jpg

Page 2 http://40.media.tumblr.com/cebb02725a7343d41d384012efaaed4d/tumblr_o1b0kkcVJ01qiqo98o2_1280.jpg

Page 3 http://40.media.tumblr.com/0f9960b4b27ff91a4401d0b42711bae4/tumblr_o1b0kkcVJ01qiqo98o3_1280.jpg

Page 4 http://41.media.tumblr.com/d5470b69dce4096c33485fe7bbec423e/tumblr_o1b0kkcVJ01qiqo98o4_1280.jpg

Page 5 http://40.media.tumblr.com/e9c362a515b59d33cbd9e120f28c4888/tumblr_o1b0kkcVJ01qiqo98o5_1280.jpg

House Rules Digests Format

1. if you are outside of the room after the professor our general class format will be as follows:
has entered the classroom, don't bother coming 1. Use Yellowpad and a sign pen with black
in. ink.
2. When you submit the first half of your
2. there will be no make up quizzes and exams. if digests for midterms, please use a white
you are absent on the day when a quiz or exam folder and a fastener. ((makakapag provide
was given, you will get one (1) point lower than ata si Zenith ng folders))
the lowest grade obtained 3. 1 inch margins on the left and right sides.
4. You can use cursive or print writing.
5. If a case is repeated in the case list, and it is
(i.e. if a classmate got the lowest score of 74, you will under a different heading/topic, provide a
automatically get 73. if the lowest score, however, is 90, case digest with issues and decisions
you will not get 89. you will get a 74). ((note: di ko alam relevant to the heading/topic.
kung paano if the lowest grades is 76-89)). 6. "format helps, but substance is more
important"
3. no gadgets in class. turn off your phones. 7. General format:
3. submit first half of case digests on the day of
midterms; submit second half on the day of Title of the case
finals. G.R. number, date.

Facts

(relevant) Issue/s

(Compatible) Ruling

UPDATE AS OF MARCH 10, 2016

When you pass the second part of the case digests, also submit a list of CANONS from the Code of
Professional Responsibility and list the cases where a certain canon applies under that said canon.

Page Order: Canon (w/ list of cases that apply) > digests of cases that apply > next canon > digests, so on
 Date Comments

January First meeting

07, 2016 Quiz: (1) Lawyers oath; (2) pickup line.
HW: Define the 26 items as seen here:
https://www.facebook.com/groups/928871213837724/permalink/1014102395314605/

January First meeting with prof.

14, 2016 HW: memorize everything.
what is the importance of legal aid?

January Second meeting.

21, 2016 Lawyers Oath, Requirements to be fulfilled in order to be admitted to the bar; to
be able to practice law in the PH
HW cases under Introduction until Duty to Society. Take note of the
significance of the lawyers oath, of what gross immorality is, of what moral
turpitude is.

January No prof; Quiz; Homework.

28, 2016

February Holiday
04, 2016

February Third meeting.

11, 2016 Law as a profession. Cases. See Recit Notes.
Homework: Answer Problem A #01-10 on a Yellowpadpaper. Submit next
meeting.

February No professor; Homework. for list, see: HW for January 28.

18, 2016

February Holiday: EDSA 30

25, 2016

March 03, MIDTERMS

2016

March 10, Discussed the midterms; new digests rules and HOMEWORK
2016

March 17, No prof. Quiz: see HW for January 28

2016

March 24, Maundy Thursday

2016

March 31, Quiz, HW Canons and Cases

2016

April 07, Quiz, HW (Judiciary, Notarial Law).

2016

April 14,
2016

January 07, 2016

Hello, friends!
Basic Legal Ethics.
January 07, 2016.
1. Nag-quiz kami. Write down the lawyer's oath. Tapos, pick up line. Mga di daw nag quiz, 50
agad.
2. HW. Handwritten, yellowpad. Walang binigay na format. Due next week, thursday....
https://www.facebook.com/groups/928871213837724/permalink/1014102395314605/
3. Digests. Yellowpad, usual format.
1st half will be submitted on midterms day.
2nd half will be submitted on finals day.
Proceed to library photocopy section, kay kuya benjie. Sabihin niyo, "Legal Ethics, 1W." Naka
indicate dun sa case list kung hanggang saan yung cases before midterms; kaya sabihin niyo
lang sa kanya kung gusto niyo first half lang, o lahat na ng cases.

January 14, 2016

HOMEWORK:
1) Memorize everything we've had as homework so far.
a. Admission to the Bar requirements/qualifications....
b. Lawyers Oath
c. Section 20 and 27 of Rule 138. Rules of Court.
d. Four-fold duties of lawyers.
e. the 26 items to be defined and their definitions
(as seen here:
https://www.facebook.com/groups/928871213837724/permalink/1014102395314605/)
2) Bring 3x5 Index Card with a 1x1 ID picture of yourself pasted on the upper right corner.
input the following details:
a. name
b. year
c. school where you graduated from
d. undergrad course
e. mobile number
f. date of birth
3) Additional to HW1 and HW2, research the importance of providing free legal aid (to be
included in recit topics).
4) Important House Rules
a. if you are outside of the room after the professor has entered the classroom, don't bother
coming in.
b. there will be no make up quizzes and exams. if you are absent on the day when a quiz or
exam was given, you will get one (1) point lower than the lowest grade obtained (i.e. if a
classmate got the lowest score of 74, you will automatically get 73. if the lowest score,
however, is 90, you will not get 89. you will get a 74). ((note: di ko alam kung paano if the
lowest grades is 76-89)).
c. no gadgets in class. turn off your phones.

January 21, 2016

Recitation Notes
Problem: Atty X was admitted to the Philippine bar in 1970. He practiced law until he
migrated to the US in 1985. In 1995, he became a US citizen. One year later, he went back to
the Philippines and since then has been visiting the Philippines. Every time he visits, he stays
for four months straight. During the time he is in the Philippines, he talks to people who needs
legal assistance and gives legal aid.
a. is he practicing law in the Philippines? Explain.
b. can he practice law in the Philippines? Explain.
c. If a petition for disbarment is filed against him, will the petition prosper? Explain.
d. Assuming your answer is no in letter b, if he reacquires Philippine citizenship under
RA 9225 (dual citizenship), can he automatically resume practice of law in the
Philippines? Explain.

Cabias 1. What are the requirements of a person wanting to be admitted to the

Bar?
2. What kind of citizen? natural-born? naturalized?
3. Resident? For how long?
4. Lawyers Oath (LO)

Magallanes 1. mistakes in the LO recited

2. requirements to be admitted to the bar?
3. LO

Pilotin 1. LO
2. how will you be admitted to the bar?

Ching 1. requirements for you to Practice law in the PH?

2. LO

Garcia 1. requirements for you to practice law

2. LO

Manalastas 1. what do you mean by good moral character?

2. LO

Lingan 1. good moral character (GMC)?

2. does a girl with 8 boyfriends (all at the same time) possess good moral
character?
3. guy with 4 wives? guy with 8 girlfriends? guy with 8 boyfriends? guy with
1 girlfriend? guy with 1 boyfriend?
 4. a person does an immoral act. GMC is a continuous requirement for the
admittance to the bar. give an example of an act that is immoral which
will make a lawyer be subjected to disciplinary action.
5. X is a Filipino lawyer who is married and with 2 kids. he married another
(Filipino) woman in Las Vegas while drunk. is his GMC affected? even if
the crime* was committed in the US? can he be disbarred? what of the
principle of territoriality?
6. can he be criminally charged of bigamy?
7. LO

Europa 1. Requirements?
2. what is moral turpitude?
[...didnt hear a lot]
3. something involving possession of a bullet
3. a man, shorter than Miss Universe, kissed her in bad faith. is this moral
turpitude?
3. example of moral turpitude?
3. whats the difference between murder and homicide?
3. LO

Gumela 1. Answer letter A of the Problem*

2. Based on what case?
3. What is practice of law?
4. b? c?
5. LO

Miranda 1. A?
2. Whats your basis?
3. b? c?
4. LO

Santillan 1. a? basis?
2. b? c? d?
3. LO

Perez 1. a? b? c?
2. LO

Abalos 1. b?
2. was he not dropped from the rolls when he became a US citizen?
3. LO

Vitorillo 1. c? d?
2. LO

Round 2?

Magallanes 1. d?
2. who is a lawyer?
3. who is a trial lawyer?
4. who is a practicing lawyer?
 5. who is an attorney at law?
6. is the attorney at law the same as practicing lawyer?
7. is the attorney in fact the same as the attorney at law?
8. is an attorney in fact a lawyer?
9. is he the same as an attorney at law?
10. is the attorney at law the same as practicing lawyer?
11. is the trial lawyer the same as a practicing lawyer?
12. is the practicing lawyer not a trial lawyer?
13. is a trial lawyer not a practicing lawyer?
14. is the attorney at law a trial lawyer?

Pilotin 1. d? {no} why?

Perez 1. d? {no} why?

2. why does he have to take the lawyers oath again?

Notes and Lecture

1. Definition of Legal Ethics ( Justice Malcolm):
1. That branch of moral science which treats of the duties that an attorney owes
to the court, to his clients, to his colleagues in the profession, and to the public.
b. Study Code of Responsibility (Funa and Pineda has outlines in their book).
c. Memorize Lawyers Oath.
d. Take note of laws and statutes that affect lawyers which are not in the Rules of Court:
1. Civil Code, Article 1491, paragraph 5
2. Civil Code, Article 1492
3. Civil Code Article 2208
4. Revised Penal Code, Article 209 (Betrayal of Trust)
b. Never forget Section 18, Rule 138 as requirement to be able to practice law in the PH
c. Problem; A. Yes. See: Cayetano vs Monsod
d. Problem; B. No. since he lost the continuing legal requirement of citizenship and
residency
e. Problem; C. Yes. his name is still on the rolls; the IBP and SC do not pay attention
whether or not lawyers have migrated or not.
f. Problem; D. No.
1. he must take the lawyers oath. why? when he took the oath as a US citizen, it
served a renunciation of his (oath to) PH citizenship; he no longer maintains
allegiance to the Republic of the PH and nor does he support its Constitution.
when he reacquired PH citizenship, he took his oath as a Filipino citizen, not as
a lawyer.
2. pay dues to the IBP. if youre not a member of the IBP, you cant practice.
3. pay professional tax
4. Go to the MCLE

January 28, 2016

10-item Quiz. Coverage (roughly):

1. Definition of: (a) moral turpitude; (b) barratry; (c) gross moral conduct; (d) ambulance
chasing; and (e) __________;
 2. Duties of a Lawyer (sec 20; rule 138)
3. Four-fold duties of a lawyer; briefly discussed
4. Requirements of Admission to Bar
5. Requirements to be fulfilled to be able to practice law
6. See February 11, 2016: Notes on Problem B #8-10.

HOMEWORK: Answer on a Yellowpad paper.

1. What is the law student practice rule?
2. Are law students subject to the standard of professional conduct governing lawyers?
Explain.
3. May a lawyer voluntarily appear for a person without being employed? Explain.
4. Is it necessary for an attorney to secure from his client a written authority to appear in
court? Explain.
5. May a practicing lawyer be required to produce or prove his authority to appear in
court? Explain.
6. State some grounds a lawyer may validly withdraw as counsel for his client.
7. May a client dismiss his attorney at any time or substitute in his place even without
cause? Explain.
8. Atty. X failed to file a notice of change of address with the Court of Appeals although
his new address appears in some pleadings. As a result, notice to file brief was sent to
the old address. No brief having been filed, the appeal was dismissed. Is the failure to
give notice of new address excusable negligence?
9. Abad and delos Reyes, both lawyers, and Salazar, a certified public accountant, in
order to enhance their respective practice, desire to pool their resources together and
establish a partnership for the combined purposes of law and accounting practice
under the firm name of Abad, delos Reyes, Salazar & Associates. Is the proposed
partnership allowed?
10. May a lawyer refuse to undertake the defense of a person accused of a crime when he
is positive that the person is guilty of the offense charged? Reason.

February 04, 2016

HOLIDAY

February 11, 2016

Recitation Notes
PROBLEM A PROBLEM B

1. Why is law considered a #8 - What name should a lawyer use in his pleadings and
profession? law practice? Explain.
2. in what above all will the
lawyer find his highest
#9 - is it permissible advertising for a lawyer to publicize
honor?
3. what comprises the lawyer's in the newspaper on announcement on the opening of a
duty of candor and fairness "Legal Clinic" which invites the public to bring their cases
before the court and with for consultation and advice to said legal clinic? Explain.
 other lawyers?
4. How would you explain the #10 - Atty X. was admitted as a member of the New York
generally accepted notion Bar. While in Manhattan, he was convicted of estafa and
that the practice of law is a
falsification of public documents and was subsequently
profession not a business?
5. may a lawyer advertise? disbarred.
6. what is the nature of the legal
profession. Does his disbarment in New York a ground for automatic
7. What name should a lawyer disbarment in the Philippines? Explain.
use in his pleadings and law
practice?
8. what is the nature of the right
to practice law?
9. may a non lawyer practice
law?
10. give instances where *non-
lawyers are allowed limited
practice of law.

Licodine 1. What is the case of In re Edillion?

2. Problem A # 1?
3. Problem A # 2?
4. LO?

Dacayana 1. What is the case of In re: Edillion?

n 2. Problem A # 1?
3. What do you mean be profession?
4. Problem A # 2?
5. LO

Perez -absent

Manalasta -absent
s

Garcia 1. Problem B # 9
1. So if we add the word free (i.e. Free Legal Clinic; Free
Consultation and Advice)? how will it change?
2. what if in a tarp and not a newspaper: San Beda College of Law
will be open for free consultation and advice? still not allowed?
3. What if we upload something on youtube and say it is for free?
4. What is your legal basis?
b. What happened in the case of Bayot?
c. Did it say that his service was for free in the advertisements?
d. What was the rationale of the Supreme Court?
e. Problem B # 10?
1. If he went back to the Philippines, can he practice law?
2. what if there is still no complaint filed yet?

Ching 1. D you agree?

2. He does not have to do anything?
 3. {He can still practice even if he has dual citizenship} As long as?
4. What is the case of In re Edillion?
1. What was his first name?
2. What was the year this case was filed?
3. What do you mean by IBP?
4. What is the Integrated Bar of the Philippines?
5. IBP was established when?
b. {He refused to pay} On what grounds?
c. What did the Board of Governors do?
d. What did the Supreme Court say?

Cabias 1. Problem A # 1?
2. Problem A # 2?
3. Problem A # 3?
4. What is the case of Reyes vs Gaa?
5. In re Gutierrez?
6. Problem A # 4?
7. What kind of advertisement is allowed?

Vitorillo 1. What kind of advertisement is allowed?

2. Can a lawyer advertise? how about calling cards?
3. LO?
4. Problem A # 6?
5. What is In re Gutierrez?
1. Who was murdered?
2. What is conditional pardon?
3. What was prayed for? On what grounds?

Abalos 1. Continue In re Gutierrez.

2. Problem A #4?
3. Why is the legal profession a privilege as well as a right?
4. Problem A # 9?

Santillian 1. In re Gutierrez?
2. Reyes vs Gaa?
1. Why was the fiscal extorting money from him?
2. What was his defense?

Miranda 1. Continue Reyes vs Gaa

2. What is the case of Ting-Dumali vs Torres?

Europa 1. Continue Ting-Dumali vs Torres; emphasize the actions of the lawyer

2. What is the case of People vs Tuanda?

Lingan 1. Continue People vs Tuanda

1. first name?
2. defense?

Notes and Lecture

Problem B
#8 - The name recorded in the Supreme Court is the name that should be used in the Roll of
Attorneys, in pleadings and in practice of law.
Why? Otherwise, it would be misleading.
See: Pangan vs Ramos.
---

#9 - It is not allowed to advertise. Why? it is a form of solicitation. Since law is not a business,
all pecuniary rewards are merely incidental.
See: Director of Religious Affairs vs Bayot
---

#10 - It is not an AUTOMATIC disbarment.

notes: you do not need to be an American citizen to take the New York Bar.
---

Problem A

9) With the way the question is formed, the answer must be "No. However, there will be
instances in which a non lawyer may be allowed LIMITED practice of law."

Important Cases:
1. In re: Marcial Edillion
1. take note of the cited case: Calalang vs Williams.
1. the right to association cannot be held over the power of the
organization of lawyers(?)

2. In re: Gutierrez
a. even if there is a conditional pardon, it cannot restore you as if the crime was
not committed UNLIKE for absolute pardons. therefore, the crime committed
can still be a ground for disbarment--especially if the crime committed involves
moral turpitude--since the pardon is merely conditional.

3. Reyes vs Gaa
a. violates lawyer's oath: "i will delay no man for money..."

4. Ting-Dumali vs Torres
a. violates lawyer's oath: "i will do no falsehood..."

5. People vs Tuanda
a. take note of the defense used because it can help in determining the ruling in a
given case.
b. Atty Tuanda contends that the checks issued were for personal use and were
not connected to her official duties as a lawyer; therefore, she should not be
disbarred on the grounds of those checks. The Supreme Court disagreed,
saying that this was no excuse and that lawyers must at all times uphold the
law.
i. The Supreme Court can still impose disciplinary action because
 lawyers are bound by oath to follow the law. See Article 8 of 1987
Constitution

February 18, 2016

HOMEWORK: Answer on a Yellowpad paper.

1. What is the law student practice rule?
2. Are law students subject to the standard of professional conduct governing lawyers?
Explain.
3. May a lawyer voluntarily appear for a person without being employed? Explain.
4. Is it necessary for an attorney to secure from his client a written authority to appear in
court? Explain.
5. May a practicing lawyer be required to produce or prove his authority to appear in
court? Explain.
6. State some grounds a lawyer may validly withdraw as counsel for his client.
7. May a client dismiss his attorney at any time or substitute in his place even without
cause? Explain.
8. Atty. X failed to file a notice of change of address with the Court of Appeals although
his new address appears in some pleadings. As a result, notice to file brief was sent to
the old address. No brief having been filed, the appeal was dismissed. Is the failure to
give notice of new address excusable negligence?
9. Abad and delos Reyes, both lawyers, and Salazar, a certified public accountant, in
order to enhance their respective practice, desire to pool their resources together and
establish a partnership for the combined purposes of law and accounting practice
under the firm name of Abad, delos Reyes, Salazar & Associates. Is the proposed
partnership allowed?
10. May a lawyer refuse to undertake the defense of a person accused of a crime when he
is positive that the person is guilty of the offense charged? Reason.

February 25, 2016

HOLIDAY

March 03 2016
MIDTERMS

March 10, 2016

Lecture Notes
*to follow

HOMEWORK
RE: Case Digests to be submitted on DAY OF FINALS
 1. For cases under Intro & Admission to cases under Lawyers Duties to Court, make a
list of cases classified by the CANON that applies to them. No need to redo case
digests.

For example:
CANON X
1. CASE A
2. CASE B
3. CASE C
CANON Y
1. CASE D
2. CASE E

2. For the rest of the cases, after the page where the canon is written (where the cases
that apply listed below), place the digests of the cases listed under that canon. After
those, place another page where the next canon is written with list of cases; after that,
the case digests. Repeat the process as needed.

For example:
1. Page 01: CANON X (Case A-Case E)
2. Page 02: Case Digest of Case A
3. Page 03: Case Digest of Case B
4. Page 04: Case Digest of Case B
5. Page 05: Case Digest of Case D
6. Page 06: Case Digest of Case E
7. Page 07: CANON Y (Case F-Case H)
8. Page 08: Case Digest of Case F
9. Page 09: Case Digest of Case G
10. Page 10: Case Digest of Case H

1. List the crimes involving moral turpitude on a yellowpad paper. handwritten.

March 17, 2016

Quiz
See Homework for January 28; open book, open notes

March 24, 2016

Maundy Thursday

March 31, 2016

April 07, 2016

Homework
I. JUDICIAL ETHICS
1) Define the following:
i) Judicial Ethics;
ii) Court;
iii) Judge.
2) Who are good judges? Explain.
3) What extent of impartiality must be exercised by the judge? Explain.
4) Are judges allowed to issue legal opinions? Explain.
5) May a judge stay at his house to make some research, resolve motions and make
decisions during the days when he does not have scheduled hearings? Explain.
6) Is there a distinction between disqualification and inhibition of a judge?
II. NOTARIAL LAW
1) Define the following:
a) Notary Public;
b) Pleadings;
c) Motions.
2) Who appoints Notaries Public?
3) May a non-lawyer be appointed Notary Public? Explain.
4) What are the qualifications of a Notary Public?
5) May a Notary notarize instruments which refer to properties located outside his
territorial jurisdictions? Explain.