LEGAL AND JUDICIAL ETHICS

I. THE PRACTICE OF LAW

1)Renato Cayetano v. Monsod (G.R. No. 100113, September 3, 1991);
2) Cui v. Cui, (120 Phil. 729)
3) People v. Villanueva (G.R. No. L-19450, May 27, 1965)
4) Ulep v. The Legal Aid Clinic, (BM 553, June 17, 1993)
5) Philippine Lawyers Association v. Agrava, G.R. No. L-12426,
February 16, 1959.
6) PAFLU v. Binalbagan Isabela Sugar, 42 SCRA 302
1. Concept
a. Privilege not a right
Case: Atty. Carmen Leonor Alcantara et. al. v. Atty. Eduardo C. De
Vera (A.C. No. 5859, November 23, 2010)
b. Profession, not business
Case: Dominador Burbe v. Atty. Alberto C. Mangulta (A.C. No. 99-
634, June 10. 2002)
2. Qualifications (Rule 138 of the Revised Rules of Court)
Case: 1) In Re: Petition to Sign in the Roll of Attorneys, Michael A.
Medado, BM No. 2540, September 24, 2013
3. Continuing requirements for membership in the bar
a. Good moral character
b. Citizenship; reacquisition of the privilege to practice law in the
Philippines
Cases: 1) Royong v. Atty. Ariston Oblena, (A.C. No. 376, April 30,
1963);

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 2) In Re: Petition to Reacquire the Privilege to Practice Law in
the Philippines, Epifanio B. Muneses, (B.M. No. 2112, July 24, 2012).
3) Petition for Leave to Resume Practice of Law, Benjamin M.
Dacanay, BM No. 1678, December 17, 2007.
4. Appearance of non-lawyers
a. Law student practice
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals and labor tribunals
d. Proceedings where lawyers are prohibited from appearing
i. Katarungang Pambarangay Law, (Sec. 415, RA 7160)
ii Rules of Procedure for Small Claims Cases, (Sec. 17, AM
No. 08-8-7)
iii Sharia
5. Sanctions for practice or appearance without authority
a. Lawyers without authority
b. Persons not lawyers
C. Remedies for unauthorized practice
Cases: 1)Alawi v. Alauya, AM SDC-97-2-P, February 24, 1997
2) Catimbuhan v. Hon. Cruz, G.R. No. 51813-14, November 29,
1983
3) Tapay & Rustia v. Atty. Bancolo and Atty. Jarder, AC No.
9604, March 20, 2013.
6. Public officials and practice of law
a. Prohibition or disqualification of former government attorneys
b. Absolute prohibition v. Special restriction to practice v. Relative
Prohibition.
Judges and Court Employees, Rule 148, Sec. 35.

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 Retired Judges (RA 910, Sec. 1 as amended)
Pres, VP, Cabinet members, their deputies and assistants, (1987
Constitution, Art. VIII, Sec. 15)
Constitutional Commission, Chairpersons and members, (1987
Const., Art. IX, Sec. 8, par. 2)
Governors and Mayors, (Sec. 90, RA 7160)
Senators & Congressmen, (1987 Const. Art. VI, Sec. 14
Members of the Sanggunian, (Sec. 91, RA 7160)
CSC Resolution No. 92-2203,
7. Lawyers authorized to represent the government
Case: Peo v. Villanueva, 14 SCRA 109

8. Lawyer's oath
Cases: 1) Madria v. Atty. Rivera, AC No. 11256, March 7, 2017;
2) Chu v Atty. Guico, Jr., AC No. 10573, January 13, 2015;
3) Garcia v. Atty. Sesbreno, AC No. 7973 & 10457, February
3, 2015.
4) Jocelyn De Leon v. Atty. Pedrenga, AC No. 9401, October
22, 2013.
5) Advincula v. Advincula, AC No. 9226, June 14, 2016
6) Dr. Elmar Perez v. Atty. Tristan Catindig, AC No. 5816,
March 10,
2015.
7) Mendoza v. Atty. Deciembre, AC No. 5338, February 23,
2009
DUTIES AND RESPONSIBILITIES OF A LA WYER
1. Society

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 a. Respect for law and legal processes
Cases: 1) Alpajora v. Atty. Calayan, A.C. No. 8208, January
10, 2018
2) Keld Stemmerick v. Atty. Mas, AC No. 8010, June 16,
2009
b. Efficient and convenient legal services
c. True, honest, fair, dignified, and objective information on legal
services
Case: Atty. Pedro Linsangan v. Atty. Nicomedes Tolentino,
A.C. No. 6672, September 4, 2009.
d. Participation in the improvements and reforms in the legal system
e. Participation in legal education program
f. Lawyers in government service discharging their tasks
2. The legal profession
a. Integrated Bar of the Philippines
Case: In the Matter of the Integration of the Bar of the
Philippines, January 9, 1973
b. Membership and dues
Case: In Re: Atty. Marcial Edillon, A.C. No. 1928, August 3,
1978
c. Upholding the dignity and integrity of the profession
Case: 1) Fabugais v. Atty. Faundo, Jr., G.R. No. 10145, July
11, 2018
2)Teresita Fajardo v. Atty. Alvarez, A.C. No. 9018, April
20, 2016.
3) Estrada v. Escritor, A.M No. P-02-1651, June 22,
2006
d. Courtesy, fairness, and candor towards professional colleagues

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 Case: Maximo Noble III v. Atty. Ailes, A.C. No. 10628, July 1,
2015.
e. No assistance in unauthorized practice of law
Case: In Re: Petition to Sign Roll of Attorneys, Michael A.
Medado, BM 2540, September 24, 2013.
3. The courts
a. Candor, fairness, and good faith towards the courts
b. Respect for courts and judicial officers
Cases. 1) In Re: Almacen, 31 SCRA 562;
2) Joy T. Samonte v. Atty. Jumamil, G.R. No. 11668, July 17,
2017;
3) Enriquez v. Atty. Lavadia, AC No. 5686, June 16, 2015.
c. Assistance in the speedy and efficient administration of justice
d. Reliance on merits of case, not on impropriety tending to influence
the courts
Case: In Re: Show Cause Order in the Decision Dated, May 11, 2018
A.M. 18-06-01-SC, July 127, 2018.
4. The clients
a. Availability of service without discrimination
i. Services regardless of person's status
ii. Services as counsel de oficio
iii. Valid grounds for refusal
b. Candor, fairness, and loyalty to clients
i. Confidentiality rule
ii. Privileged communication
iii. Conflict of interest

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 Case:s 1) Aninon v. Atty. Sabitsana, Jr., AC No. 5098, April
11, 2012; 2) Daging v. Atty. Davis, AC No. 9395, November
12, 2014; 3) Tulio v. Atty. Gregory Buhain, AC No.
5098, April 20, 2016;
4) Foster v. Atty. Agtang, AC No. 10579, December 10,
2014.
iv. Candid and honest advice to clients
v. Compliance with laws
vi. Concurrent practice with another profession
c. Client's money and properties
i. Fiduciary relationship
ii. Co-mingling of funds
iii. Delivery of funds
iv. Borrowing or lending
Cases: 1) Aguilar-Dyquiangco v. Atty. Arellano, AC 10541,
July 12, 2016;
2) Palencia v. Atty. Linsangan et. al. AC No. 10557, July
10, 2018;
3) Pacao v. Atty. Limos, AC No. 11246, June 14, 2016;
d. Fidelity to client's cause
i. Use of fair and honest means
Cases: 1) Atty. Alcantara v. Atty Eduardo De Vera, AC No.
5859, November 23, 2010;
2) Santeco v. Atty. Avance, AC No. 5834, February 22,
2011
ii. Client's fraud
iii. Procedure in handling cases

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 e. Competence and diligence
i. Adequate protection
Case: Ramirez v. Atty. Buhayang-Margallo, A.C. No. 10537,
February 3, 2015.
ii. Negligence
Case:
iii. Collaborating counsel
iv. Duty to apprise client
Case: Jose Allan Tan v. Atty. Pedro Diamante, AC No. 7766,
August 5, 2014
f. Representation with zeal within legal bounds
Case: Sps. Umaguing v. Atty. Wallen De Vera, AC No. 10451,
February 4, 2015.
g. Attorney's fees
i. Acceptance fees
Case: Ignacio v. Atty. Alviar, A.C. No. 11482, July 17, 2017.
ii. Contingency fee arrangements
Case: Villarama v. Atty. De Jesus, A.C. No. 217004, April 17,
2017.
iii. Champertous contracts
iv. Attorney's liens
v. Fees and controversies with clients
vi. Concepts of attorney's fees
h. Preservation of client's confidences
i. Prohibited disclosures and use
ii. Disclosures, when allowed

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 Cases: 1)Jimenez v. Atty. Edgar Francisco, A.C. No. 10548,
December 10, 2014;
2) Regala v. Sandiganbayan, G.R. No. 105938, September 20,
1996
3) Sison, Jr., v. Atty. Manuel Camacho, AC No. 10910, January
12, 2016.
i. Withdrawal of services
Cases: 1) Antonio P. Tan v. Court of Appeals G.R. No. 108634, July
17, 1997
2) Chang v. Atty Jose Hidalgo, AC No. 6934, April 6, 2016.
j. Duties of lawyers in case of death of parties represented
III. SUSPENSION, DISBARMENT, AND DISCIPLINE OF
LAWYERS
1. Nature and characteristics of disciplinary actions against lawyers
a. Sui generis
Case: 1) Gonzales v. Atty. Alcaraz, AC No. 5321, September 27,
2006
2) Villatuya v. Tabalingcos, AC No. 6622, July 10, 2020.
b. Prescription of actions
Case: Frias v. Bautista-Lozada, AC No. 6656, May 4, 2006.
c. Burden of Proof
Case: Aba et. al. v. Atty. De Guzman, et. al. A.C. No. 7649, December
14, 2011.
2. Grounds
3. How instituted
4. Proceedings
5. Discipline of Filipino lawyers who practice in foreign jurisdictions

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6. Sanctions
IV READMISSION TO THE BAR
1. Lawyers who have been suspended
2. Lawyers who have been disbarred
3. Lawyers who have been repatriated
OCA Circular No. 44 -2014, April 1, 2014
Cases: 1) In Re: Argosino BM No. 712, July 13, 1995;
2) In Re: Arthur Cuevas, BM No. 810, January 27, 1988;
3) In Re: Almacen, 31 SCRA 562
4) Zaldivar v. Gonzales; GR No. 79690-707, October 7, 1988;
5) Adez Realty v. Court of Appeals; GR No. 100643, December 12,
1995;
6) Valencia v. Antiniw, AC No. 1302, 1391 & 1543, April 26, 1991;
7 Maniago v. Atty. De Dios, AC 7472, March 30, 2010;
8) Que v. Atty. Anastacio Revilla, Jr., AC No. 7054, November 11,
2014.
V. MANDATORY CONTINUING LEGAL EDUCATION
1. Purpose
2. Requirements
3. Compliance
4. Exemptions
5. Sanctions
Case: Arnado v. Atty. Homobono Adaza, AC 9834, August 26, 2015
VI. NOTARIAL PRACTICE
1. Qualifications of notary public

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2. Term of office of notary public
3. Powers and limitations
4. Notarial register
5. Jurisdiction of notary public and place of notarization
6. Revocation of commission
7. Competent evidence of identity 8. Sanctions
Cases: 1) Taday v. Atty. Apoya Jr., AC No. 11981, July 3, 2018;
2) Lustestica v. Atty. Bernabe, AC No. 6258, August 24, 2010;
3) Fabay v. Atty. Resuena, AC No. 8732, February 26, 2016;
4) Atty. Linco v. Atty Laceral, AC No. 7241, October 17, 2011;
5) Atty. Angeles v. Atty. Bagay, AC No. 8130, December 3, 2014;
6) Espinosa v. Atty Omana, AC No. 9081, October 12, 2011;
7) Festin v. Atty. Zubiri, AC No. 11600, June 19, 2017
VII. DUTIES OF LAWYERS UNDER SPECIFIC PROVISIONS IN
THE RULES OF COURT
1. Judgments, final orders, and entry of judgments
2. Contempt
3. Arraignment and plea
4. Attorney-client privilege
5. Powers and duties of court and judicial officers
6. Disqualification of judicial officers/inhibition
7. Withdrawal from case
8. Standing in court of persons authorized to appear for the government 9.
Government lawyers and private practice
10. Amicus curiae

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 JUDICIAL ETHICS
A. SOURCES
1. New Code of Judicial Conduct for the Philippine Judiciary
2. Code of Judicial Conduct
B. QUALITIES
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and diligence
C. ADMINISTRATIVE JURISDICTION OVER JUDGES AND JUSTICES
D. DISQUALIFICATION OF JUDICIAL OFFICERS
1. Compulsory
2. Voluntary
E. DISCIPLINE OF MEMBERS OF THE JUDICIARY
1. Members of the Supreme Court
2. Lower court judges and justices
3. Grounds
4. Impeachment
5. Sanctions imposed by the Supreme Court on erring members of the
judiciary

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