Professional Documents
Culture Documents
COLLEGE OF LAW
Syllabus in Legal Ethics
I.
Preliminary Matters
A.
B.
C.
Sources of Principles and Rules on Legal and Judicial
Ethics
Practice of Law
Definition
2.
Admission
a.
A judicial function
2010
Re: 1999 Bar Examinations, B.M. No. 879 & 986, December 10,
2002
c.
3.
Characteristics of the Law Profession
a.
B.M. No. 712 July 13, 1995,
B.M. No. 712 March 19, 1997
In re: Edillon, Adm. Case No. 1928, August 3, 1978
b.
Docena v. Atty. Limon, A.C. No. 2387, September 10, 1998
c.
Philippine Lawyers' Association vs. Agrava, G.R. No. L-12426,
February 16, 1959
Marcos vs. Chief of Staff, G.R. No. L-4663, May 30, 1951
d.
Mauricio C. Ulep vs. Legal Clinic, Inc., B.M. No. 553, June 17,
1993
Exceptions to the Practice of Law
1)
i.
iii.
Rule 138-A, Sec. 1, Revised Rules of Court
i.
Rule 138, Sec. 35, Revised Rules of Court
Art. VII, Sec. 13, 1987 Constitution
R.A. No. 7160, Sec. 90
R.A. No. 910, Section 1
Query of Atty. Buffee, A.M. No. 08-6-352-RTC, August 19, 2009
II.
A.
Cases:
CASES:
Linsangan v. Atty. Tolentino, A.C. No. 6672, September 2009.
Khan v. Simbillo, A.C. No. 5299, August 19, 2003
C.
D.
E.
F.
to the
B.
C.
1.
2.
3.
4.
5.
Articles 181-184 Revised Penal Code
6.
7.
D.
1.
2.
de Bumanglag vs. Bumanglag, Adm. Case No. 188, November
29, 1976
2.
A lawyer shall not decline, except for serious and sufficient
cause, an appointment as counsel de oficio or as amicus curiae or a
request from the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid. (Rule 14.02)
3.
A lawyer may not refuse to accept representation of an indigent
client unless:
a)
he is not in a position to carry out the work effectively or
competently;
b)
he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client. (Rule 14.03)
_
Sps. Algura v. The Local Gov't Unit of the City of Naga, G.R.
No. 150135,
October 30, 2006
B.
A lawyer shall observe candor, fairness and loyalty in dealings
and transactions with client (Canon 15, Code of Professional
Responsibility)
1.
A lawyer, in conferring with a prospective client, shall ascertain
as soon as practicable whether the matter would involve a conflict
with another client or his own interest, and if so, shall forthwith inform
the prospective client. (Rule 15.01)
2.
A lawyer shall be bound by the rule on privilege communication
in respect of matters disclosed to him by a prospective client. (Rule
15.02)
Rosa F. Mercado vs. Julito D. Vitriolo, A.C. No. 5108, May 26,
2005
3.
A lawyer shall not represent conflicting interests except by
written consent of all concerned given after a full disclosure of the
facts. (Rule 15.03)
_
4.
A lawyer may, with the written consent of all concerned, act as
mediator, conciliator or arbitrator in settling disputes. (Rule 15.04)
5.
A lawyer, when advising his client, shall give a candid and
honest opinion on the merits and probable results of the client's case,
neither overstating nor understating the prospects on the case. (Rule
15.05)
_
6.
A lawyer shall not state or imply that he is able to influence any
public official, tribunal or legislative body. (Rule 15.06)
7.
A lawyer shall impress upon his client compliance with the laws
and the principles of fairness. (Rule 15.07)
Rural Bank of Calape v. Atty. Florido, A.C. No. 5736, June 18, 2010
8.
A lawyer who is engaged in another profession or occupation
concurrently with the practice of law shall make clear to his client
whether he is acting as a lawyer or in another capacity. (Rule 15.08)
C.
A lawyer shall hold in trust all moneys and properties of his
client in his possession (Canon 16, Code of Professional
Responsibility)
1.
A lawyer shall account for all money or property collected or
received for or from the client. (Rule 16.01)
2.
A lawyer shall keep the funds of each client separate and apart
from his own and those of others kept by him. (Rule 16.02)
3.
A lawyer shall deliver the funds and property of his client when
due or upon demand. However, he shall have a lien over the funds
and may apply so much thereof as may be necessary to satisfy his
lawful fees and disbursements, giving notice promptly thereafter to
his client. He shall also have a lien to the same extent on all
judgments and executions he has secured for his client as provided
for in the Rules of Court.(Rule 16.03)
D.
A lawyer owes fidelity to his clients cause (Canon 17, Code of
Professional Responsibility)
E.
A lawyer shall serve his client with competence and diligence
(Canon 18, Code of Professional Responsibility)
1.
A lawyer shall not undertake a legal service which he knows or
should know that he is not qualified to render. However, he may
render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter. (Rule
18.01)
2.
A lawyer shall not handle any legal matter without adequate
preparation. (Rule 18.02)
Legarda vs. Court of Appeals, G.R. No. 94457, March 18, 1991
3.
A lawyer shall not neglect a legal matter entrusted to him, and
his negligence in connection therewith shall render him liable. (Rule
18.03)
F.
A lawyer shall represent his client with zeal (Canon 19, Code of
Professional Responsibility)
1.
A lawyer shall employ only fair and honest means to attain the
lawful objectives of his client and shall not present, participate in
presenting or threatening to present unfounded criminal charges to
obtain an improper advantage in any case or proceeding. (Rule
19.01)
2.
A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and
failing which, he shall terminate the relationship with such client in
accordance with the Rules of Court. (Rule 19.02)
Dalisay v. Atty. Mauricio, A.C. No. 5655, January 23, 2006
3.
A lawyer shall not allow his client to dictate the procedure in
handling the case. (Rule 19.03)
Fernandez v. Atty. Novero, Jr., A.C. No. 5394, December 2, 2002
G.
A lawyer shall charge only fair and reasonable fees (Canon 20,
Code of Professional Responsibility)
Shirley Loria Toledo, et al.. vs. Alfredo E. Kallos, A.M. No. RTJ-051900, January 28, 2005
Dalisay v. Atty. Mauricio, A.C. No. 5655, January 23, 2006
Lijauco v. Atty. Terrado, A.C. No. 6317 August 31, 2006
Section 24, Rule 138 of the Rules of Court
1.
A lawyer shall be guided by the following factors in determining
his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
1.
A lawyer shall not reveal the confidences or secrets of his client
except;
(a) When authorized by the client after acquainting him of the
consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action (Rule 21.01)
2. A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use
the same to his own advantage or that of a third person, unless the
client with full knowledge of the circumstances consents thereto.
(Rule 21.02)
3.
A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose. (Rule 21.03)
4.
A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof unless prohibited by the client. (Rule
21.04)
5.
A lawyer shall adopt such measures as may be required to
prevent those whose services are utilized by him, from disclosing or
using confidences or secrets of the clients. (Rule 21.05)
6.
A lawyer shall avoid indiscreet conversation about a client's
affairs even with members of his family. (Rule 21.06)
7.
A lawyer shall not reveal that he has been consulted about a
particular case except to avoid possible conflict of interest.(Rule
21.07)
I.
A lawyer shall withdraw his services only for good cause and
upon notice (Canon 22, Code of Professional Responsibility)
1.
A lawyer may withdraw his services in any of the following case:
(a) When the client pursues an illegal or immoral course of conduct in
connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct violative of
these canons and rules;
(c) When his inability to work with co-counsel will not promote the
best interest of the client;
(d) When the mental or physical condition of the lawyer renders it
difficult for him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the services
or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases.(Rule 22.01 )
2.
A lawyer who withdraws or is discharged shall, subject to a
retainer lien, immediately turn over all papers and property to which
the client is entitled, and shall cooperative with his successor in the
orderly transfer of the matter, including all information necessary for
the proper handling of the matter.
(Rule 22.02)
VI.
Discipline of Lawyers
1.
Power to Discipline
Rule 138, Sec. 27, Revised Rules of Court
Rule 139-B, Sec. 16, Revised Rules of Court
Rule 71, Revised Rules of Court
Gatmaytan vs. Ilao, A.C. No. 6086, January 26, 2005
2.
a.
Objectives
Sps. Rafols, Jr. v. Atty. Barrios, Jr. A.C. No. 4973, March 15,
2010
b.
Grounds
Procedure
Rule 139-B, Revised Rules of Court
3.
a.
b.
4.
5.
Reinstatement
Executive Pardon
In re: Avancea, Adm. Case No. 407, August 15, 1967
Gutierrez vs. Villegas, G.R. No. L-11848, May 31, 1962
Civil Code (Arts. 9, 20, 27, 32, 35, 739, 1491, 2005, 2029 to
2035 & 2046)
Code of Judicial Conduct, October 20, 1989
Ramirez v. Corpus-Macandog, Adm. Matter Nos. R-351-RTJ, R359-RJT, R-621-RTJ, R-684-RTJ, R-687-RTJ & 86-4-9987-RTC,
September 26, 1986
Ajeno v. Inserto, Adm. Matter No. 1098-CFI, May 31, 1976
Office of the Court Administrator v. Judge Floro, Jr., A.M. No. RTC99-146
2.
Section 2
3.
Section 3
Melencio P. Manansala III vs. Fatima G. Asdala, A.M. No. RTJ05-1916, May 10, 2005
Section 5
Muez v. Judge Ario, MTJ-94-985, February 21, 1995
6.
Section 6
Section 7
8.
Section 8
Canon 2. Integrity
1.
Section 1
Editha O. Catbagan vs. Felixberto P. Barte, A.M. No. MTJ-021452, April 6, 2005
2.
Section 2
Section 3
4.
Section 4
6.
Section 5
People v. Judge Gako, GR No. 135045, December 15, 2000
People v. Kho, GR No. 139381, April 20, 2001
Gutierrez v. Santos, G.R. No. L-15824, May 30, 1961
Section 6
D.
Canon 4. Propriety
1.
Section 1
Section 2
Martinez v. Pahimulin, Adm. Matter No. 78-MJ, August 30, 1982
3.
Section 3
4.
Section 4
5.
Section 5
6.
1982
7.
Section 6
Luzuriaga v. Bromo, Adm. Matter No. 2385-MJ, August 19,
Barrera v. Barrera, G.R. No. L-31589, July 31, 1970
Section 7
Sec. 7, RA 3019
Sec. 17, Art. XI, 1987
8.
Section 8
Jordan P. Oktubre vs. Ramon P. Velasco, A.M. No. MTJ 021444, July 22, 2004
9.
Section 9
10.
Section 10
11. Section 11
Section 12
13.
1994
Section 13
Arts. 210-211, Revised Penal Code
RA 3019
Art. 739, Civil Code
Capuno v. Jaramillo, Adm. Matter No. RTJ-93-944, July 20,
14.
Section 14
15.
Section 15
E.
Canon 5. Equality
1.
Section 1
2.
Section 2
3.
Section 3
Section 4
5.
F.
Section 5
Parayno v. Meneses, G.R. No. 112684, April 26, 1994
Hurtado v. Judalena, G.R. No. L-40603, July 13, 1978
Canon 6 Competence and Diligence
1.
Section 1
Libarios v. Dabalos, Adm. Matter No. RTJ-89-286, July 11, 1991
Albos v. Alaba, Adm. Matter No. MTJ-91517, March 11, 1994
2.
Section 2
Lapena v. Marcos, Adm. Matter No. 1969-MJ, June 29, 1982
Barbarona v. Canda, A.M. No. MTJ-01-1355, April 20, 2000
3.
Section 3
Lucia Layola vs. Judge Basilio Gabo, Jr., A.M. No. RTJ-001524, January 26, 2000
Section 4
5.
Section 5
Re: Judge Silverio Tayao, RTC Br. 141, Mkt., Adm. Matter No.
RTJ-93-978, February 7, 1994
B.
Civil Liability