2021 MLC Student Syllabus PALE Problem-Areas-in-Legal-Ethics AS-of-25-Jan-2021 PDF

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MANILA LAW COLLEGE641 Sales St., Sta. Cruz, Manila, Philippines Tel: 733-1601/733-7707 loc 118Course Title : PROBLEM AREAS IN LEGAL ETHICS (PALE) (Prepared by: Atty. Nancy R. Hadap-Villanueva) 2 nd Semester, School Year 2020- Course Prerequisite : Basic Legal and Judicial Ethics Course Credit : 3 un...

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MANILA LAW COLLEGE 641 Sales St., Sta. Cruz, Manila, Philippines Tel: 733-1601/733-7707 loc 118

Course Title

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Course Prerequisite Course Credit

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PROBLEM AREAS IN LEGAL ETHICS (PALE) (Prepared by: Atty. Nancy R. Hadap-Villanueva) 2nd Semester, School Year 2020-2021 Basic Legal and Judicial Ethics 3 units

COURSE PROGRAM DESCRIPTION The Legal Education Board (LEB) prescribed a 3-unit course in Problem Areas in Legal Ethics (PALE). The course touches on certain constitutional provisions, Bar Matters issued by the Supreme Court, as well as LEB Memorandum, and jurisprudence on legal and judicial ethics. The basic knowledge of students on Canons of Professional Responsibility (CPR) is expected as foundation for the resolution of ethical and professionally related problems and dilemmas which may confront lawyers, and judges as well, in the exercise of their legal and judicial practices. GENERAL COURSE OBJECTIVES Upon culmination of the course’s activities, it is expected that the enrollees: 1. Be equipped with various materials on the subject matter, especially the jurisprudence, remedies, procedure, and latest trends. 2. Develop clear understanding of basic principles, rules and doctrines on the canons of legal ethics involving the duties and responsibilities of the lawyer with respect to the client, the court, the bar, and the public. 3. Know the rights and responsibilities and accountabilities in the legal profession, and adhere to ethical standards and practices. 4. Identify problems areas in legal and judicial ethics, and its resolution. "There is perhaps no profession alter that of the sacred ministry in which a high-toned morality is more imperative than that of the law." (cited in Fabugais vs. Faundo, Jr. [G.R. No. 10145, 11 June 2018])

COURSE OUTLINE WITH RELATED STATUTES AND JURISPRUDENCE Subject Matter Preliminaries: Introduction to PALE Constitutional basis What is practice of law

Statutes and Jurisprudence Problem Area/s: Power to regulate admission to the Bar 1987 Constitution: -Article XIV, Section 4(1)

VIII Rule 135 to 140, Rules of Court Case Assignments: Practice of law: , G.R. No. 100113, 1991

Activities/Instructions/ Remarks Presentation/Submission of case digest, as assigned. Recitation. Quiz Additional Case Assignment: -R. A. 972 or the Bar Flunkers Rule of 1953. -In Re 94 Phil. 534 Non-disclosure of pending case. In Re Disqualification of Bar E

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, A.C, No, 6705, I. LEGAL ETHICS Practice of Law

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II. Duties and responsibilitie s of a lawyer under the Code of Professional Responsibility

March 31, 2006 I. LEGAL ETHICS A. Practice of Law 1. Concept 2. Qualifications for admission to the Bar (Bar Matter No. 1153) 3. Continuing requirements for membership in the bar 4. Appearance of Non-Lawyers a. Law Student Practice Rule (Rule 138A) b. Non-lawyers in courts and/or administrative tribunals c. Proceedings where lawyers are prohibited from appearing as counsels 5. Prohibited practice of non-lawyers and appearance without authority 6. Public officials and the practice of law; prohibitions and disqualifications 7. The Lawyer’s Oath (Memorize) Case Assignments: Loss and Re acquisition Citizenship: Re:

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Filipino

, 540 SCRA 424 (2007) Problem Areas: Conflict of Interest Personal actions that transgress ethical standards of the legal profession Atty.-Client relationship/Duty to clients Attorney’s Fees B. Duties and responsibilities of a lawyer under the Code of Professional Responsibility: To society (Canons 1-6) a. Respect for law and legal processes b. Efficient and convenient legal services c. True, honest, fair, dignified and objective information on legal services d. Participation in the improvement of and reforms in the legal system e. Participation in legal education programs To the legal profession (Canons 7-9) a. Integrated Bar of the Philippines (Rule 139-A) i. Membership and dues b. Upholding the dignity and integrity of the profession c. Courtesy, fairness and candor toward professional colleagues d. No assistance in unauthorized practice of law.

the 2002 Bar Examinations. B. M. No. 1154, June 8, 2004. Presentation/Submission of case digest, as assigned. Recitation. Quiz Case Assignments: Good Moral Character: , A,.C, No. 5095, November 28, 2007. Student Practice , G.R. No. 154207, 27 April 2007 IBP Membership , AM 1928, August 3, 1978 Restriction in the Practice of law of elected public official: , 546 SCRA 209 (2008)

GROUP PROJECT; 20% (see mechanics, as announced) Presentation/Submission case digest, as assigned. Recitation. Quiz

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Additional Case Assignments: Duties to Colleagues Campos vs. Campos, 714 SCAR 347 (2014) IBP Membership Re: Letter of Atty. Cecilio Arevalo, Jr., 458 SCRA 209 (2005), B.M. 1370, May 9, 2005 Navarro vs. Solidum, Jr., 714 SCRA 586 (2014) Hernandez vs. Agoncillo, 684 SCRA 180 (2012) Bautista vs. Cefra, 689 SCRA 262 (2013) Penilla vs. Alcid Jr., 705 SCRA 1 (2013)

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To the courts (Canons 10-13) a. Candor, fairness and good faith to the courts b. Respect for courts and judicial officers c. Assistance in the speedy and efficient administration of justice d. Reliance on merits of his/her cause and avoidance of any impropriety which tends to influence or gives the appearance of influence upon the courts To the clients (Canons 14-22) a. Availability of service without discrimination i. Services regardless of a person’s status ii. Services as counsel de officio iii. Valid grounds for refusal to serve b. Candor, fairness, and loyalty to clients i. Confidentiality rule ii. Privileged communications iii. Conflict of interest iv. Candid and honest advice to clients v. Compliance with laws vi. Concurrent practice of another profession c. Client’s monies and properties d. Fidelity to client’s cause e. Competence and diligence f. Representation with zeal within legal bounds g. Attorney’s Fees h. Preservation of client’s confidences i. Prohibited disclosures and use i. Withdrawal of services Case Assignments: Canon 1, fiduciary duty to client Re Report of the Financial Audit conducted on the Books of Accounts of Atty. Raquel Kho, Oras, Eastern Samar, 521 SCRA 25 (2007)

Tan vs. Diamante, 732 SCAR 1 (2014) Viray vs. Sanicas, 736 SCRA 557 (2014) Hadjula vs. Madianda, 526 SCRA 241 (2007) Re: Verified Letter of Tomas S. Merdegia against Hon. Vicente S. E. Veloso, Associate Justice of the Court of Appeals, relative to CA-GR SP No. 119461, 711 SCRA 705 (2013) Quantum Meruit Orocio vs. Anguluan, SCRA 531 (2009)

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Attorneys Lien Baltazar vs. banez, Jr., 172 SACRA 119 (2013) Liabilities of the lawyer Article 1491 (5), Civil Code Heirs of Manuel Uy Ek Liong vs. Castillo, 697 SCRA 294 (2013) Never refuse to give legal advice Rule 2.02 Santiago vs Rafanan, Oct. 5, 2004. Misleading Firm Name In Re Petition to continue use of firm name – Sycip, Salazar, Feliciano, et. Al, 1979. Falsification of bail documents: Sitaca vs. Palomares, Jr., A.C. No. 5285, August 14, 2019.

Canon 1. Respondents Asking Money from Complainant in Re application for Visa Huyssen vs. Gutierrez, 485 SCRA 244 (2006)

Premature issuance of case resolution; Canon 1 and 10: Fermin vs. Bedol. A. C. No.m 6560, September 16, 2019.

Canon 1, and 10. Refusal to support minor child, illicit relationship, falsification. Venzon vs. Peleo, III. A.C. no. 9354, August 20, 2019.

Lawyering is not a money-making trade Bengco vs. Bernardo, A. C. No. 6368, June 13, 2012.

Canon 7. falsified documents. Embido, et. al. vs. Pe, Jr.. A.C. No. 6732, October 22, 2013

NCC Art. 1491(5); Property Interest Edwin Jet Ricardo, Jr. vs. Atty. Wendell Go. (A.C. 12280, 16 September 2020)

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Canon 8 and 11. Use of abusive language in the pleading. Degree of relevancy or pertinency. Saberon vs. Larong, A.C. No. 6567, April 16, 2008. Gross Misconduct. Canons 1, 7, and 11: Heenan vs. Espejo, A.C. NO. 10050 December 3, 2013 Canon 15, test of the inconsistency of interests. Orola, et. al. vs. Ramos, A.C. No. 9860 September 11, 2013 Rationale on the prohibition against conflict of interest: Samson vs. Era, A.C. No. 6664 July 16, 2013 Canon 15. the attorney-client relationship as one of trust and confidence of the highest degree. Pacana, Jr. vs. Pascual-Lopez, A.C. No. 8243 July 24, 2009 Canon 16. duty to deliver his client's funds or properties. Treñas, vs. People Of The Philippines, G. R. No. 195002 January 25, 2012 Canon 16. valid retaining lien Spouses San Pedro vs. Mendoza, A.C. No. 5440 December 10, 2014 Canon 1, 15, 16. Demanding a sum of money from his client, purportedly to be used as a bribe to ensure a positive outcome of a case Foster vs. Agtang. A.C. No. 10579, December 10, 2014 Canon 17, 18, and 19 CANON 19 – A lawyer shall represent his client with zeal within the bounds of the law. Pitcher, vs. Atty. Rustico B. Gagate, A.C. No. 9532 October 8, 2013

III. Suspension, disbarment and discipline of lawyers

Canon 18- Negligence: Warriner vs. Dublin, 709 SCRA 454 (2013) MIDTERM EXAMINATION Problem Areas: -Answer in the complaint for disciplinary action against lawyers -Quantum of Evidence required in disciplinary cases -Reinstatement to the practice of law

Catherine Villarente vs Atty. Benigno Villarante, Jr. (A.C. 8866, 15 September 2020) Jimmy Gow vs. Atty. Gertrudo De Leon and Felix Desiderio, Jr. (A. C. 12713, 23 September 2020) Deny Atty.-Client Relationship Marcelina Zamora vs. Atty. Marilyn Gallanosa (A.C. 10738, 14 September 2020) Canon 16.04 of the Code of Professional Responsibility, which states that lawyers shall not lend money to a client Baltazar vs Bañez, A.C. No. 9091 December 11, 2013 Canon 18. extorting money from client to commit bribery and malign judges Amparo Bueno, Vs. Atty. Ramon A. Rañeses (Adm. Case No. 8383 December 11, 2012) Canon 18 and 22. duty to delay no man for money or malice. Ceniza vs. Rubia, A.C. No. 6166 October 2, 2009 Canon 1, 16 and 18. Deception (Lawyer is charged with estafa for misrepresenting himself as immigration lawyer) Agot vs. Rivera, A.M. No. 8000, August 5, 2014. Negligence of counsel binds the client, on procedural error Cariaga vs People, GR No. 180010, July 30, 2010

Presentation/Submission case digest, as assigned. Recitation. Quiz

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