SAN BEDA UNIVERSITY

COLLEGE OF LAW
COURSE SYLLABUS

COURSE CODE:

COURSE TITLE: LEGAL COUNSELLING AND SOCIAL

RESPONSIBILITY

COURSE CREDIT: 2 UNITS

COURSE PREREQUISITE/S: N/A

FACULTY: PROF. PETER JOEY B. USITA

EMAIL ADDRESS:

TERM/ACADEMIC YEAR: SECOND SEMESTER SCHOOL YEAR 2023-2024

DAY/TIME/ROOM/SECTION:

COURSE DELIVERY MODE: FACE TO FACE

CONSULTATION DAY/TIME:

COURSE DESCRIPTION:

This two-unit subject is an introduction to the art and technique of legal

counselling as well as a consideration of the responsibilities of the lawyer
as counsellor. It aims to supplement the students’ knowledge of Civil and
Criminal Procedures as well as reinforce what they learned in Basic Legal Ethics.

COURSE GOALS: Expected College of Law Graduate Attributes (“ELGAs”)

(A) Know and understand the laws; (B) Memorize provisions; (C) Develop: (i)
critical and analytical thinking; (ii) proficiency in written and oral communication;
and (iii) logical reasoning and sound judgment; and (D) Exercise proper
professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (“LOs”):

1. Knowledge/Remembering: define, list, recognize

2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

ELGAs LEARNING OUTCOMES (LOs)

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 Critical and LO1. Explain the pertinent Rules of Court and Code of Professional
analytical thinking Responsibility provisions and apply these to specific factual
Effective in written situations.
and oral LO2. Analyze the assigned cases and derive the applicable
communication doctrines enunciated therein.
Logical reasoning LO4. Utilize legal research tools to gather pieces of information that
Sound judgment aid in the analysis of legal issues in drafting a research paper
Exercise of proper
professional and
ethical
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Scope of (Weight is
Requirements Based on the Learning Outcomes
Work based on the
(“LO”)
(Individual) importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and Discussion Individual
LO3 Individual
LO4 - Research Paper, Case Study

Class standing before Midterms Individual 16.67%

Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100%

LEARNING PLAN:

LEARNING
WEEK/ METHODS
LEARNING
DATE (activities
RESOURCES
(Schedule designed or
(print and
TOPIC/CONTENT of each deployed by
non-print
(arrangement or sequence of the major topics is Topic, the teacher
materials and
based on a logical order) Assign, to bring
online/
Exam for about, or
open-access create the
the entire
resources) conditions
semester)
for learning)

Course Introduction
• Course overview Syllabus Lecture
• Course assignments
• Course requirements Discussion

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Part I. Legal Counselling

A. What is Legal Counselling

From the vantage point of a private Recitation

lawyer Syllabus
From the vantage point of a Case Study
government lawyer Textbooks
Discussion
Supreme
B. What Constitutes Practice of Law Court
Decisions
The practice of all professions in the
Philippines shall be limited to Filipino
citizens, save in cases
prescribed by law (Sec. 14, Art. XII,
1987 Constitution)

• Prospects of the Legal

Profession vis-à-vis ASEAN
integration and globalization

• What Philippine professions are

open for practice by foreigners?

The Supreme Court has the power to

promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading,
practice, and procedure in all courts,
the admission to the practice of law,
the integrated bar, and legal
assistance to the under-privileged Syllabus
(Sec. 5(5), Art. XVIII, 1987 Recitation
Constitution) Textbooks
Case Study
Supreme
• Pimentel et al. v. Legal Education Court Discussion
Board, et al. Decisions
G.R. No. 230642, Sept. 10, 2019

• Cayetano v. Monsod
G.R. No. 100113, Sept. 3, 1991

• Re: Letter of the UP Law Faculty

A.M. No. 10-10-4 SC, March 8,
2011

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 • OCA v. Ladaga, AC P-99-1287,
January 26, 2001

• Jovito Olazo v. Justice Tinga, A.M.

No. 10-5-7-SC, December 7, 2010

• Alawi vs. Alauya, AM-SDC-97-2-

P, February 24, 1997

• People vs Tuanda, A.C. No. 3360,

January 30, 1990

C. What are the Consequences of the

Unauthorized Practice of Law

Ulep v. The Legal Clinic

Bar Matter No. 553, June 7, 1993

Ciocon-Reer, et al. v. Judge Lubao

A.M. OCA IPI No. 09-3210-RTJ,
June 20, 2012

Bonifacio v. Attys. Era & Bragas,

A.C. No. 11754, Oct. 3, 2017

D. Distinct and Unique

Characteristics of Lawyers and the
Legal Profession

It is a noble profession, not a

business
Syllabus
It is a privilege, not a right Recitation
Textbooks
Lawyers are ministers of truth Case Study
Supreme
Lawyers are apostles of justice Court Discussion
Decisions
Lawyers are vanguards of the law

Good moral character of lawyers

is a continuing requirement

Membership in IBP is mandatory

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 • Santos v. Atty. Llamas, A.C. No.
4749, Jan. 20, 2000

E. Qualifications for Admission to

the Bar (Rule 138, Rules of Court)

Taking and Passing the Bar

Examinations

Taking the Lawyer’s Oath

Signing the Roll of Attorneys

• Re: Elmo Abad, BM No. 139,

March 28, 1983

F. 10 Significant Roles of a Lawyer

Counsellor
Advocate Syllabus
Mediator Recitation
Attorney Textbooks
Solicitor Case Study
Barrister Supreme
Officer of the Court Court Discussion
Amicus Curiae Decisions
Peacemaker
Leader

G. 10 Outstanding Characteristics of an
Effective Legal Counsellor

Trustworthiness Syllabus
Self-confidence Recitation
Courage Textbooks
Perseverance Case Study
Industry Supreme
Boldness to Take Calculated Court and Discussion
Risks Court of
Strong Interpersonal Skills Appeals Quiz
Excellent Communication Skills Decisions
(both oral and written)
Analytical Thinking and Logical
Reasoning
Optimism

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 MID-TERM EXAMINATIONS

Part II. SOCIAL RESPONSIBILITY

A. Starting a Law Practice

What Career Options Are

Available to a New Lawyer

How to Attract and Maintain Syllabus

Clients Recitation
Textbooks
How to Conduct Client Interview Case Study
Supreme
When to Reject Clients Court Discussion
Decisions
As Client’s Representative, What
is Counsel’s Extent of Authority

When and How to Withdraw

from a Case

How to Bill Clients

B. 10 Things to Avoid as Esteemed Legal

Counsellor

1. Avoid soliciting clients

and/or ambulance-chasing.

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 2. Avoid conflicts of interest.

3. Avoid commercial
advertising of legal skills and
talents.

4. Avoid facilitating or
entering into champertous
contracts.

5. Avoid disclosing privileged

communication.

6. Avoid abetting
unauthorized practice of law by
non-lawyers.

7. Avoid using vulgar,

disrespectful and intemperate
language especially in court
pleadings.

8. Avoid forum-shopping
and/or filing multiple suits.

9. Avoid filing any suit for

money or malice.

10. Avoid committing any act

of moral turpitude, gross
immorality, dishonesty, and/or
any affair, transaction or practice
that is repugnant to the Lawyer’s
Oath.

C. Revisiting the Lawyer’s Duty and

Responsibility to Society
Syllabus
Lahm v. Mayor, A.C. No. 7430, Recitation
February 15, 2012 Textbooks
Case Study
Supreme
Dacanay v. Baker & McKenzie, Court Discussion
A.C. No. 2131, May 1985 Decisions

Dulalia v. Cruz, A.C. No. 6854,

April 27, 2004

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 Sanchez v. Atty. Torres, A.C. No.
10240, Nov. 25, 2014

Saladaga v. Atty. Astorga, A.C. No.

4697/4728, Nov. 25, 2014

D. Revisiting the Lawyer’s Duty and

Responsibility to the Legal Profession

In Re: Edillon, August 3, 1978

Syllabus
In Re: Letter from Atty. Arevalo,
Recitation
B.M. No. 1370, May 9, 2005
Textbooks
Case Study
Gacias v. Atty. Bulauitan, A.C. No.
Supreme
7280, November 16, 2006
Court Discussion
Decisions
Atty. Barandon v. Atty. Ferrer, A.C.
No. 5678, March 26, 2010

Dr. Perez v. Attys. Catindig &

Baydo, A.C. No. 5816, March 10,
2015

E. Revisiting the Lawyer’s Duty and

Responsibility to the Courts

Hierarchy of Philippine Courts

Administrative Bodies and

Quasi-Judicial Agencies

How to file a: Syllabus Recitation

• Civil complaint Textbooks Case Study

• Criminal complaint
• Administrative complaint Supreme Discussion
Court
Decisions Quiz
Atty. Alonso v. Atty. Relamida,
A.C. No. 8481, August 3, 2010

Caspe v. Atty. Mejica, A.C. No.

10679, March 10, 2015

Jimenez v. Atty. Verano, A.C. No.

8108 & 10299, July 15, 2014

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 Re: Letter of the UP Law Faculty,
A.M. No. 10-10-4 SC, March 8,
2011

F. Revisiting the Lawyer’s Duty and

Responsibility to the Clients

Castro-Justo v. Atty. Galing, A.C.

No 6174, November 16, 2011

Palm v. Atty. Iledan, A.C. No. 8242,

October 2, 2009 Syllabus
Recitation
Lim-Santiago v. Atty. Sagucio, A.C. Textbooks
No. 6705, March 31, 2006 Case Study
Supreme
Treñas v. People, G.R. No. 195002, Court Discussion
January 25, 2012 Decisions

Camacho v. CA, G.R. No. 127520,

February 9, 2007

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 1. References:

1. Code of Professional Syllabus

Responsibility and Recitation
Accountability Textbooks
2. Rules of Court Case Study
3. Supreme Court Decisions Supreme
4. San Beda Law Journal Court Discussion
Decisions

FINAL EXAMINATIONS

POLICIES:

1. Attendance will be checked every meeting.

2. Students who missed a quiz will get a grade of 60.
3. Students are prohibited from recording the online class as this is a violation of the
intellectual property rights of the Professor.

Prepared by:

PROF. PETER JOEY B. USITA

Faculty, College of Law

Approved by:

Atty. Marciano G. Delson

Dean, College of Law

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Date Prepared by the Faculty: August 24, 2020

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