Pamantasan ng Lungsod ng Maynila

College of Law
Intramuros, Manila

Syllabus in Legal Ethics

Atty. Celia N. Galzote-Valdez
Part 1. Legal Ethics
A. Introduction
1. Legal Ethics, Defined.
2. Importance of Legal Ethics
3. Sources of Legal Ethics
B. Practice of Law.
1. What constitute the practice of law
People v. Villanueva [1965], disbarment
OCA v. Ladaga, A.M. No. P-99-1287, January 26, 2001
Donna Mari S. Aguirre v. Edwin dela Rama, B.M. No. 1036,
June 10, 2003
Philippine Lawyers Association v. Agrava, 105 Phil. 173
(1959)
2. Nature of the practice of law
Canlas v. CA, G.R. 77691, August 8, 1988
3. Who may practice law in the Philippines
4. Sanctions for unauthorized practice of Law
5. Student Law practice
6. Solicitation and Advertisement by lawyers
7. Use of Firm Name
C. Admission to the practice of Law
1. Admission to the practice of law is a judicial function
2. Attributes a person should have before admission to the
practice of law
3. Requirements for applicants for admission to the bar
4. Purpose of the bar examination
D. Duties of Lawyers in General
1. Four-fold duties of a lawyer
2. Sources of Lawyers duties and disabilities
3. Duties of the Lawyer under the Rules of Court, Section 20,
Rule 138, Rules of Court
4. Duties of the Lawyer under the Code of Professional
Responsibility, Canons 1-22, CPR
E. General Disabilities of a lawyer
1. Members of the Bar disqualified from exercising Profession
2. Disabilities of Members of Congress
Section 14, Article VI, 1987 Constitution
3. Disabilities of Members of the Executive Department
Section 13, Article VII, 1987 Constitution
4. Disabilities of the Local Government Officials
Section 6, R.A. No. 5185
5. Disabilities of the members of the Judiciary
Section 35, ROC
6. Disabilities of members of the Constitutional Commissions
Section 1, A, Article IX, 1987 Constitution
7. Disabilities of the Ombudsman and his Deputies,

par. 2 Section 8, Article XI, 1987 Constitution

8. Disabilities of Lawyers in the Government Service,
F. The Lawyers Oath
1. The Lawyers Oath
Rule12.04, Canon 12, CPR
Rule 1.03, Canon 1, CPR
Canon 22, CPE
2. Nature of the Attorneys oath, Masinsin v. Albano 232 SCRA
631, 636
3. Form for Attorneys Oath, Form 28, Attorneys Oath, Appendix
of Forms, ROC
4. Barratry
Rule 1.03, Canon 1, CPR
Rule 1.04, Canon 1, CPR
Canon 28, CPE
4. Ambulance Chasing
5. Distinguish between Barratry and Ambulance Chasing
G. The Lawyer and Society
1. Lawyers duties to Society, in brief
2. Duties of a lawyer to society
Canons 1-6, CPR
3. How lawyers foster respect for the law
Rule 1.01 to Rule 1.04, Canon 1, CPR
4. Legal Aid
5. Counsel de Oficio, Section 31, Rule 138, ROC
6. Amicus Curae
7. Lawyers Duty Not to Reject appointment as counsel de oficio
or amicus curae
Rule 14.02, Canon 14, CPR
Section 31, Rule 138, ROC
8. Instances when Lawyer may refuse to accept appointment as
counsel de oficio
Rule 14.03, Canon 14 CPR
9. Duty of Public Prosecutors
Rule 6.01, Canon 6, CPR
10. Government Lawyers
H. The Lawyer and the Legal Profession
1. Lawyers Duties to the Legal Profession, in brief
2. Duties of the Lawyer to the Legal Profession
a. Uphold the integrity and dignity of the legal profession
and support the activities of the IBP
Canon 7, CPR, Rule 7.01 to 7.03, Canon 7, CPR
b. Shall conduct himself with courtesy, fairness and candor
toward his professional colleagues, and shall avoid
harassing tactics against opposing counsel.
Canon 8, CPR, Rule 8.01, Rule 8, CPR, Canon 17, CPE
c. Should not encroach upon the business of another
lawyer.
Canon 7, CPE, Rule 8.02, Canon 8, CPR
d. To deal with counsel, where a party is so represented.
Canon 9, CPE
e. In charging attorneys fees, the reasonable requests of
brother lawyers, and of their widows and orphans without
ample means, should receive special and kindly
consideration.
Canon 12, CPE
f. To be frank and fair.

Canon 22, CPE

g. Not to force the opposite lawyer to trial under certain
circumstances.
Canon 24, CPE
h. Not to take technical advantage of opposite counsel.
Canon 25, CPE
i. To Uphold the honor of the profession.
Canon 29, CPE
j. To promptly inform the injured party or his counsel, upon
discovery that some fraud or deception has been practiced.
Canon 41, CPE
3. Unauthorized Practice Law
Rule 9.01, Canon 9, CPE
Rule 7.01, Canon 7, CPR
Rule 7.02, Canon 7, CPR
I. The Integrated Bar
1. Purpose of the Integrated Bar.
Section 2, Rule 139-A, ROC; Section 2, By-laws of the IBP
2. Constitutional and Statutory Provisions on Integration
3. Arguments for/against Bar integration
4. Membership
5. Termination of Membership
6. Reinstatement of Membership
7. Retirement of Membership
8. Legal Aid established by IBP Chapters
9. Non-political character of the IBP
J. The Lawyer and the Courts
1. Lawyers duties to the Court, in brief
2. The lawyer as an officer of the Court.
Canon 12, CPR
3. Duties of the lawyer to the Courts
Canon 10, CPR
Rule 10.01
Attorneys Oath
Rule 10.02
Rule 10.03
Canon 11, CPR
Rule 11.01, 11.02, 11.03, 11.04, 11.05
Section 20 (b), Rule 138, ROC
Toledo v. Burgos, et. al. G.R. No. 75466, Dec. 19,
1988
Rodil v. Garcia, 104 SCRA 362
Canon 12, CPR
Canon 13, CPR
pars. b, c, d, f, g, h, i, Section 20, Rule 138, ROC
4. Common duties of lawyers and Judges
Romero v. Valle, Jr., A.M. No. R-192-RTJ January 9, 1987
5. When can lawyers criticize the Court
Tiongco v. Aguilar 240 SCRA 589
6. Illustrations of Disrespect for the Court, which merited
Disciplinary Actions
In re: Laureta, etc., G.R. No. L-68635 May 14, 1987
In re: Jacinto, G.R. No. 78926 April 6, 1988
Zaldivar v. Sandiganbayan, et. al.; Zaldivar v. Gonzales,
etc. 166 SCRA 316, G.R. Nos. 79690-707 October 7, 1988,
G.R. No. 80578 October 7, 1988
Montecillo and Quirico del Mar v. Gica, et. al. G.R. No. L36800 October 21, 1974

7. Scandalous or offensive language and behavior, illustrative

cases
Garcia v. Alconcel, A.M. No.2499-CCC (OCA-101) January
30, 1982
Castillo v. Padilla
8. Duty of the Lawyer to assist in the Administration of Justice
Canon 12, CPR
Rule 12.01 to Rule 12.07
9. When Lawyer may testify for client
Rule 12.08, Canon 12 CPR
10. Lawyers Duty not to influence the Court
Canon 13, CPR
Rule 13.01 to 13.03
1st and 2nd sentences, Canon 3, CPE
11. Duty of Lawyer to improve/defend Judiciary
Rule 11.05, Canon 11, CPR
3rd and last sentences, Canon 1, CPE
1st and 2nd sentences, Canon 2, CPE
Ng v. Alfaro, 238 SCRA 486
10. Forum Shopping
K. The Lawyer and the Client
1. Lawyers duties to the client, in brief
2. Duties of the Lawyer to the Client under the CPR
Canon 14
Canon 15
Canon 16
Canon 17
Canon 18
Canon 19
Canon 20
Canon 21
3. Duties of the Lawyer to Client under the Rules of Court
Section 20 [e], [h], [i] Rule 138
Section 21,Rule 138
1st Sentence, Section 24, Rule 138
Section 25, Rule 138
1st Sentence, Section 26, Rule 138
4. Dual role of the Lawyer
Canon 21, CPR
Section 23, Rule 138, ROC
5. Attorney-Client Relations, how constituted/how terminated
6. Duty of the Lawyer not to refuse services
par. [h],Section 20, Rule 138, ROC
Rule 2.01, Canon 2, CPR
Canon 14, CPR
Rule 14.04
Rules 14.01 and 14.02, Canon 14
Exceptions
7. Client bound by negligence of lawyer
Exceptions
8. Attorneys Fees
a. Nature of Contract
b. To whom paid
c. Basis for award of Attorneys fees
d. Criteria for Fixing the amount of attorneys fees
Section 24, Rule 138, ROC
Rule 20.01, Canon 20 CPR
Rule 2.04, Canon @, CPR
e. Criteria for Reasonableness of Attorneys Fees

f. Retaining Fee
g. Contingent Fee arrangement
h. Champertous Contract
i. Quantum Meruit
j. Attorneys Lien
k. Charging Lien
l. Assumpsit
L. Liabilities of Lawyers
1. Actions against lawyers
a. disciplinary actions
a.1 Basis for disciplinary actions against lawyers
a.2 Disciplinary action, defined
a.3. Kinds
i. Warning
ii. Reprimand or admonition
iii. Fine
iv. Suspension
A.M. No. RTJ-12-2316, October 9, 2012
(Formerly A.M. No. 09-7-280-RTC) OCA v.
Judge Castaeda, RTC, Branch 67,
Panigui, Tarlac
v. disbarment
Brennisen v. Atty. Contawi, A.C. No.
7481,April 24, 2012
vi. contempt
vii. imprisonment
a.4 Grounds for disciplinary actions
b. criminal action
i. Pardon
c. damage suit
2. Power to suspend/disbar is a judicial function
3. Freedom of Expression
Part 2. JUDICIAL ETHICS
A. Introduction
1. Judicial Ethics, defined
2. Sources of Judicial Ethics
3. Importance of Judicial Ethics
B. Judicial Obligations
Canons 1- 5, Code of Judicial Conduct (CJC)
Canon 31, Canons of Judicial Ethics (CJE)
Arban v. Borja, A.M. No R-281-RTJ August 26, 1986
Dela Paz v. Inutan, A.M. No. 201 MJ June 30, 1975
C. Qualities of a Judge
Canon 4, 5, 6, 7, 10, and 13, CJE
Rule 1.02, CJC
Rule 1.03, CJC
Rule 3.02, CJC
Rule 3.05, CJC
1st Sentence Rule 3.04, CJC
D. Personal Conduct of the Judge
1. Independent Conduct
Canon 1, CJC
2. Impropriety
Canons 2 and 3, CJC

Illustrations of Improper conduct

Romero v. Valle, Jr., A.M. No. R-192-RTJ January 9,
1987
In the Matter of the Alleged Improper Conduct of
Sandiganbayan Associate Justice Anacleto R. Badoy,
A.M. No. 01-12-01-SC, January 16, 2003
Spelmans v. Judge Ocampo, A.M. No. MTJ-07-1663,
March 26, 2010
Mercado v. Hon. Salcedo, A.M. No. RTJ-03-1781,
October 16, 2009; Velasco v. Salcedo, A.M. No. RTJ03-1782, October 16, 2009
Arban v. Borja, A.M. No. r-281-RTJ, August 26, 1986
Ignacio v. Valenzuela, Adm. Case No. 2252-CFI,
January 18, 1982
Talens-Dabon v. Judge Arceo, A.M. No. RTJ-96-1336,
November 20, 2012
Neri v. Judge Hurtado, A.M. No. RTJ-00-1584, February
18, 2004
3. Publicity
Rule 2.02, Canon 2, CJC
Rule 3.07,Canon 3, CJC
4. Personal/Social Relations
Rule 2.03, Canon 2, CJC
Canon 30, CJE
E. Official Duties
1. Performance of Official Duties
Canon 3, CJC
2. Adjucative Responsibilities
Rule 3.01 to 3.07, CJC
3. Administrative Responsibilities
Rule 3.08 to 3.11, CJC
F. Disqualifications
Rule 3.12, Canon 3, CJC
Section 1, Rule 137, ROC
Procedure for Disqualification
Section 2, Rule 137, ROC
G. Inhibition
Guidelines for inhibition
H. Duty of the Judge to Improve the Law and Judiciary
Canon 4, CJC
a. Components of Duty
Rule 4.01, Canon 4, CJC
I. Extra-judicial Activities of the Judge
Canon 5, CJC
a. Classification
J. Liabilities and Removal of Judges
Section 11, Article VIII, 1987 Constitution
a. Charges against Judges
Section 2, Rule 140, ROC
Section 3, Rule 140, ROC

b. Sanctions
i. dismissal from the service with forfeiture of benefits and
disqualification from reinstatement or appointment to any
public office including a government-owned or controlled
corporation
A.M. No. MTJ-03-1503, November 16, 2006, NBI vs.
Judge Adaoag, MCTC, Gerona-Ramos-Pura, Tarlac
A.M. No. RTJ-12-2316, October 9, 2012(Formerly A.M.
No. 09-7-280-RTC) OCA v. Judge Castaeda, RTC,
Branch 67, Panigui, Tarlac
ii. Suspension
A.M. No. 09-2-19-SC, February 24, 2009 In Re:
Undated Letter of Mr. Louis C. Biraogo, Petitioner in
Biraogo v. Nograles and Limkaichong, G.R. No.
179120
iii. fine
OCA v. Judge Quilatan, A.M. No. MTJ-09-1745,
September 27, 2010,
Jamsani-Rodriguez v. Gregory S. Ong, Jose R.
Hernandez, and Rodolfo A. Ponferrada, A.M. No. 0819-SB-J, April 12, 2011
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