Beruflich Dokumente
Kultur Dokumente
Course Syllabus
2nd Semester, SY 2019-2020
LEGAL & JUDICIAL ETHICS
By: Atty. ARJUN D. GERMONES
Description: A course that examines the lawyer’s noble function in society, whether as a
private practitioner, as a crafter or implementer of laws and rules, as a prosecutor of
criminal offenders or a Judge. It introduces the students to a general overview of the ethical
and moral values to which every lawyer needs to commit his/her life and talents.
I. LEGAL ETHICS
A. Practice of law (Rule 138)
1. Concept
a. Definition of the practice of law
Cayetano vs Monsod, G.R. No. 100113, 3 September 1991, 201
SCRA 210
Aguirre vs Rana, B. M. No. 1036. June 10, 2003
b. Practice of law is a privilege, not a right
Samonte vs Abellana, A.C. No. 3452, June 23, 2014
Alcantara vs De Vera, A.C. No. 5859, November 23, 2010
c. Practice of law is a profession, not business or trade
Khan vs Simbillo, A.C. No. 5299. August 19, 2003
Burbe vs Magulta, AC No. 99-634, June 10, 2002
2. Qualifications for admission to the Bar
a. Bar Matter No. 1153, amending Sections 5 & 6 of rule 138
3. Continuing requirements for membership in the bar
a. Good moral character
b. Citizenship
i. Reacquisition of the privilege to practice law in the Philippines
under RA 9225
4. Appearance of Non-lawyers
a. Law student practice rule (Rule 138-A)
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals
d. Proceedings where lawyers are prohibited in appearing as counsels;
5. Sanctions for practice and appearance without authority
a. Lawyers without authority
b. Persons who are not lawyers
Arienda vs Monilla A.M. No. P-11-2980, June 10, 2013
Beltran Jr. vs Abad, Bar Matter No. 139, 28 March 1983, 121
SCRA 217.
6. Public officials and the practice of law
a. Prohibition or disqualification of former government attorneys
b. Public officials who cannot practice law or can practice law with
restrictions
7. Lawyers who are authorized to represent government
8. Lawyer’s Oath
B. The Code of Professional Responsibility (Four-fold duties of a Lawyer)
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Toledo vs Abalos, A.C. No. 5141, Sept. 29,
1999
Lao vs Medel, A.C. No 5916, July 1, 2003
Vitug vs Rongcal, A.C. No. 6313, September 7, 2006
Villanueva vs Sta. Ana, CBD Case No. 251, July 11, 1995
Soriano vs Dizon, A.c No. 6792, January 25, 2006
People vs Estebia, G.R. No. L-26868, Feb. 27, 1969)
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Fernandez vs Atty. Cabrera II, A.C.
No. 5623, Dec. 11, 2003;
Frias vs Lozada, A.C. No. 6656, Dec. 13, 2005
d. Fidelity to client’s cause
e. Competence and diligence
f. Representation with zeal within legal bounds
g. Attorney’s fees
Concept Placement Resources vs Atty. Funk, G.R. No.
137680, Feb. 6, 2004;
Bautista vs Gonzales, A.M. No. 1625, Feb. 12, 1990;
Pineda vs De Jesus, G.R. No. 155224, Aug. 23, 2006;
DOY Mercantile vs AMA, G.R. No. 155311, Mar. 31, 2004;
h. Preservation of client’s confidences;
Samson vs Era, A.C. No. 6664, July 16, 2013;
i. Withdrawal of services
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c. Impartiality
Gochan vs Gochan, G.R. No. 143089, Feb. 27, 2003;
Ty vs Banco Filipino Savings, G.R. No. 149797-98, Feb.
13, 2004;
Re: Inhibition of Judge Eddie R. Rojas, A.M. No. 98-6-185-
RTC. Oct. 30, 1998
d. Propriety
Vidal vs Judge Dojillo Jr., A.M. No. MTJ-05-1591, July 14,
2005;
Reyes vs Duque, A.M. No. RTJ-08-2136, Sept. 21, 2010;
Jamsani-Rodriguez vs Ong, A.M. No. 08-19-SB-J, Aug. 24,
2010;
Gordon vs Lilagam, A.M. No. RTJ-00-1564, July 26, 2001;
Binalay vs Lelina, Jr., A.M No. RTJ-08-2132, July 31, 2009;
Heirs of late Rev. Fr. Jose Aspiras vs Judge Ganay, A.M.
No. RTJ-07-2055, Dec. 17, 2009;
e. Equality
Atty. Quinto vs Judge Vios, A.M. No. MTJ-04-1551, May
21, 2004;
People vs Boras, G.R. No. 127495, Dec. 22, 2000;
f. Competence and diligence
Bayaca vs Judge Ramos, A.M. No. MTJ-07-1676, Jan. 29,
2009;
Judge Delos Santos vs Judge Mangino, A.M. No. MTJ-03-
1496, July 10, 2003;
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