UNIVERSITY OF SAN CARLOS

SCHOOL OF LAW AND GOVERNANCE

College of Law
Cebu City

Course No.
:
LLB 137N
Course Title
:
Basic Legal Ethics
Credit
:
3 units (3 lecture hours per week)
Prerequisite Course
:
None
Course Professor
:
Amy Rose A. Soler-Rellin
Email address
:
asrellin@gmail.com
------------------------------------------------------------------------------------------------------------------------------COURSE DESCRIPTION:
The subject aims to inform students about legal and judicial ethics and to develop in them deeper interest and appreciation
of the subject. More importantly, the subject aims to inculcate upon the students that law is a profession, a noble calling; as such,
it should have ethical standards that should be observed and followed by the members thereof for it to remain a noble and
honorable profession.
For Legal Ethics, the course covers the duties which a lawyer owes to the court, to his client, to his colleagues in the
profession, and to the community, as embodied in the Constitution, the Rules of Court, Code of Professional Responsibility,
jurisprudence, and special laws.
For Judicial Ethics, the course covers the right and proper conduct to be observed by all judges and magistrates in trying and
deciding controversies brought to them for adjudication as embodied in the New Code of Judicial Conduct for the Philippine
Judiciary (Bangalore Draft), Code of Judicial Conduct, Rules of Court, jurisprudence, and special laws.
In addition to learning the ethical norms and standards of conduct for the bar and bench, the course aims to study the
administrative procedure and penalties against errant lawyers and judges.

PROGRAM LEVEL LEARNING OUTCOMES1 (PLLO):

Upon completing the law program, Carolinian law graduates will demonstrate the following:
PLLO
PLLO
PLLO
PLLO
PLLO
PLLO

1:
2:
3:
4:
5:
6:

KNOWLEDGE
ETHICS, PROFESSIONAL RESPONSIBILITY, WITNESS TO THE WORD
THINKING SKILLS
RESEARCH SKILLS
COMMUNICATION AND COLLABORATION
SELF-MANAGEMENT

At the end of the law program, the Carolinian law graduate is expected to be Witness to the Word and to embody the
folllowing Graduate Attributes:
Scientia:
PROFESSIONAL

COMPETENT Virtus: A VIRTUOUS EXEMPLAR

Critical thinker
Lifelong learner
Skilled researcher
Sound decision- maker
Innovative problem-solver
Effective and articulate communicator

Incorruptible servant leader

Ethical
and
values-driven
practitioner

Devotio: A DEDICATED ADVOCATE

Committed peacemaker
Culture- sensitive patriot
Socially- engaged citizen
Passionate
worker
marginalized

for

the

COURSE LEVEL LEARNING OUTCOMES (CLLO)

Upon completion of the course Basic Legal Ethics, the students should be able to:
CLLO 1: Explain and internalize essential laws, canons, rules and jurisprudence on legal and judicial ethics, as well as the
sanctions imposed or repercussions in case of ethical breach by lawyers and judges.
1 Based in part on ALTCs Learning and Teaching Academic Standards Program, December 2010 .
Syllabus, Basic Legal Ethics, Page 2 of 11

CLLO 2: Recognize, reflect upon and decisively consider ethical issues and problems in a manner reflective of the values and
attributes of a Carolinian.
CLLO 3: Examine the facts of a given case, find the relevant facts and the key issues, identify and apply the rules and
principles involved, and generate appropriate responses.
CLLO 4: Find and use relevant primary and secondary legal sources to reinforce evaluation and synthesis of learning
variables.
CLLO 5: Communicate persuasively the paramount tenets of legal and judicial ethics; demonstrate the ability to use
appropriate means and form of communication depending on the needs of legal or non-legal audiences; render appropriate
opinion after demonstrating the use of active listening skills such as questioning, summarizing and paraphrasing.
CLLO 6: Demonstrate ability to learn and work independently, as well as the ability to work in groups or cooperatively with
others.
COURSE REQUIREMENTS:
1.
2.
3.
4.

Regular Attendance;
Passing grade in oral recitation;
Passing grade in individual and group works;
Passing grades in Midterm, Pre-Final and Final Exams.

PRESCRIBED TEXTBOOK:
Pineda, Legal Ethics.
Pineda, Judicial Ethics.

Syllabus, Basic Legal Ethics, Page 3 of 11

GRADE DISTRIBUTION:
Midterm Score Equivalent
Pre-Final
Score
Equivalent
Final Score Equivalent
Class Standing
TOTAL

35%
20%
30%
15%
100%

POLICY ON CLASS RECORDINGS AND COURSE MATERIALS:

The course materials are all academic property of the course professor. A student may not record any part of the class by
any means, and in exceptional cases that the student receives written faculty authorization to record a class, the student may not
copy or download such recording to a computer or any device for distribution. All course materials are for the students personal
education and study. Unauthorized use of the course materials shall be treated as violation of the University policy on honesty as
well as infringement of copyright laws.
COURSE OUTLINE:
LEGAL ETHICS
General Topics
Introduction
Legal Ethics, meaning and significance
Bases of Legal Ethics
Definition of Terms commonly used in Legal Ethics
Practice of Law
Practice of Law Concepts: Privilege, Profession (not Business)
Qualifications for Admission to the Bar
Qualifications for Membership in Good Standing in the Bar

Assigned Cases / Study Materials

Cayetano vs. Monsod, 201 SCRA 210
Philippine Lawyer's Association vs. Agrava, 105 Phil 173
In Re: Al Argosino, 246 SCRA 14
In Re: Al Argosino, Bar Matter No. 712, March 19, 1997
In Re: Borromeo, 241 SCRA 405
In Re: Dacanay, B.M. NO. 1678, December 17, 2007
Catu vs. Rellosa, AC No. 5738, 19 February 2008
Rule 138, Rules of Court
Syllabus, Basic Legal Ethics, Page 4 of 11

Appearance by non-lawyers (Law Student Practice, Non-Lawyers

in Courts and other Tribunals)
Proceedings where lawyers are prohibited from appearing
Sanctions for practice or appearance without authority
Public officials and practice of law
Prohibition or disqualification of former government attorneys
Public officials who cannot practice law or with restrictions
Lawyers authorized to represent the government
Lawyers oath

Rule 138-A, Rules of Court

Duties and Responsibilities of a Lawyer to Society

Canon 1
Bongalonta vs. Castillo, 240 SCRA 310
Moreno vs. Araneta, A.C. No. 1109, April 27, 2005
Abella vs. Barrios, Jr., A.C. No. 7332, June 18, 2013

Canon 1 Duty to uphold the Constitution and the laws

Canon 2 Duty to be an efficient lawyer
Canon 3 Duty of honest and dignified pronouncement of legal
service
Canon 4 Duty to support the improvement of the legal system
Canon 5 Duty to keep abreast of legal developments
Canon 6 The Canons apply to lawyers in government service

Canon 2
Ulep vs. Legal Clinic, Inc., 223 SCRA 378
Villatuya vs. Tabalingcos, A.C. No. 6622, July 10, 2012
Bar Matter No. 2012, February 10, 2009
Canon 3
Khan vs. Simbillo, A.C. No. 5299, August 19, 2003
Canon 5
Bar Matter No. 850, October 2, 2001
Bar Matter No. 1922, June 3, 2008
Rivera-Pascual vs. Spouses Lim, G.R. No. 191837, September
19, 2012

Syllabus, Basic Legal Ethics, Page 5 of 11

Canon 6
PCGG vs. Sandiganbayan, G.R. No. 151805 (2005)
Duties and Responsibilities of a Lawyer to the Legal Profession
Canon 7 Duty to uphold the dignity of the legal profession
Canon 8 Duty of professional courtesy
Canon 9 Duty to shun unauthorized practice of law

Canon 7
In Re: Meling, B.M. No. 1154. June 8, 2004
Rule 139-A, Rules of Court
In Re: Edillon, 84 SCRA 554
Santos vs. Llamas, A.C. No. 4749, Jan. 20, 2000
Canon 8
Linsangan vs. Tolentino, A.C. No. 6672, September 4, 2009
Canon 9
Noe-Lacsamana vs. Busmente, A.C. No. 7269, November 23,
2011

Duties and Responsibilities of a Lawyer to the Courts

Canon 10 Duty of candor, fairness, and good faith to the
courts
Canon 11 Duty to give respect to the courts
Canon 12 Duty to assist in the speedy and efficient
administration
of justice
Canon 13 Duty not to influence judges

Canon 10
Hueysuwan vs. Florido, A.C. No. 5624, Jan. 20, 2004
Eternal Gardens Memorial Park vs. CA, G.R. No. 123698, Aug. 5,
1998
Canon 11
In Re Almacen, GR No. L-27654, Feb. 18, 1970
Wicker vs. Arcangel, G.R. No. 112869, Jan. 29, 1996
Re: Letter of UP Law Faculty, A.M. No. 10-10-4-SC, March 8,
2011
Canon 12
Nunez vs. Atty. Ricafort, A.C. No. 5054, May 29, 2002
Santiago vs. Atty. Rafanan, A.C. No. 6252, Oct. 5, 2004
Canon 13
Syllabus, Basic Legal Ethics, Page 6 of 11

Lantoria vs. Atty. Bunyi, A.C. No. 1769, June 8, 1992.

Estrada vs. Sandiganbayan, G.R. Nos.159486-88, November 25,
2003
Duties and Responsibilities of a Lawyer to the Clients
Canon 14 Duty to render legal service to the needy
Canon 15 Duty of candor, fairness and loyalty to the client
Canon 16 Duty to be a trustee of clients moneys and
properties
Canon 17 Duty of fidelity to the cause of the client
Canon 18 Duty to serve with competence and due diligence
Canon 19 Duty to serve only within the bounds of law
Canon 20 Duty to charge only fair and reasonable fees
Canon 21 Duty to preserve the clients confidence and secrets
Canon 22 Duty to withdraw services only for good cause and
upon notice

Canon 14
Santiago vs. Fojas, Adm. Case No. 4103, September 7, 1995
Canon 15
Northwestern Univ., Inc. vs. Arquillo, A.C. No. 6632. August 2,
2005
Artezuela vs. Maderazo, A.C. No. 4354, April 22, 2002
PNB vs. Cedo, Adm. Case No. 3701, March 28, 1995
Regala vs. Sandiganbayan, G.R. No. 105938, September 20,
1996
Canon 16
Unity Fishing vs. Atty. Macalino, A.C. No. 4566, December 10,
2004
Junio vs. Atty. Grupo, A.C. No. 5020, December 18, 2001
Pelmoka vs. Judge Diaz, Jr., A.C. No. 2662-CFI, November 26,
1982
Lemoine vs. Balon, Jr. A.C. No. 5829, October 28, 2003
Canon 17
Rosacia vs. Atty. Bulalacao, A.C. No. 3745, October 2, 1995
Lorenzana Food Corp. vs. Daria, A.C. No. 2736, May 27, 1991
Canon 18
Adarne vs. Aldaba, A.C. No. 801, June 27, 1978
Reyes vs. Vitan, A.C. No. 5835, April 15, 2005
Canon 19
Gonzales vs. Sabacajan, Adm. Case No. 4380, October 13, 1995
Syllabus, Basic Legal Ethics, Page 7 of 11

Canon 20
Leviste vs. CA, G.R. No. L-29184, January 30, 1989
Licudan vs. CA, G.R. No. 91958, January 24, 1991
Retuya vs. Gorduiz, A.C. No. 1388, March 28, 1980
Ramos vs. Ngaseo, A.C. No. 6210. December 9, 2004
Director of Lands vs. Ababa, G.R. No. L-26096 February 27,
1979
Canon 21
Suntay vs. Suntay, Adm. Case No. 1890, August 7, 2002
Canon 22
Montano vs. IBP, A.M. No. 4215, May 21, 2001
Canoy vs. Ortiz, A.C. No. 5485, March 16, 2005
Administrative Liability and Procedure against Lawyers
Nature and Characteristics of Disciplinary Actions against
Lawyers
Grounds for Suspension or Disbarment of Members of the Bar
Liabilities of a Lawyer Administrative, Civil, Criminal
Filipino Lawyer Disciplined/Disbarred in Foreign Jurisdiction
Effect of Pardon
Basic Principles in Administrative Proceedings
Procedure in Disbarment and Other Disciplinary Proceedings
Readmission/Reinstatement to the Bar

Bengco vs. Bernardo, A.C. No. 6368, June 13, 2012

Zaguirre vs. Castillo, A.C. No. 4921, March 6, 2003
Fortun vs. Quinsayas, G.R. No. 194578, February 13, 2013
Villalon, Jr. vs. IAC, G.R. No. 73751, September 24, 1986
Plaza vs. Amamio, A.M. No. P-08-2559, March 19, 2010
In re: Maquera, B.M. No. 793, July 30, 2004
Rule 139, Rules of Court
Rule 139-B, Rules of Court

Notarial Practice
Qualifications of notary public
Term of office of notary public
Powers and limitations
Notarial register

A.M. No. 02-8-13-SC, as amended

Bautista vs. Bernabe, A.C. No. 6963, February 9, 2006

Syllabus, Basic Legal Ethics, Page 8 of 11

Jurisdiction of notary public and place of notarization

Revocation of commission
Competent evidence of identity
Sanctions

JUDICIAL ETHICS
General Topics

Assigned Cases / Study Materials

Sources:
New Code of Judicial Conduct for the Philippine Judiciary
Code of Judicial Conduct
Qualities (New Code of Judicial Conduct for the Philippine Canon 1
Judiciary):
Marces, Sr. vs. Arcangel, A.M. No. RTJ-91-712, July 9, 1996
In Re: Inting, A.M. No. 11-190-CA-J, April 24, 2012
Canon I Independence
Canon II
Canon II Integrity
OCA vs. Necessario, et. al., A.M. No. MTJ-07-1691, April 2, 2013
Canon III Impartiality
Tobias vs. Limsiaco, Jr., A.M. No. MTJ-09-1734, January 19, 2011
Canon IV Propriety
Canon V Equality
Canon III
Canon VI Competence and Diligence
Sy vs. Dinopol, A.M. No. RTJ-09-2189, January 18, 2011
Tabora vs. Carbonell, A.M. No. RTJ-08-2145, June 18, 2010
Canon IV
Rubin vs. Aguirre, Jr., A.M. No. RTJ-11-2267, January 19, 2011
Syllabus, Basic Legal Ethics, Page 9 of 11

Reyes vs. Duque, A.M. No. RTJ-08-2136, September 21, 2010

Umali vs. Villarante, A.M. No. RTJ-08-2124, August 27, 2009
Canon V
Correa vs. Belen, A.M. No. RTJ-10-2242, August 6, 2010
Salazar vs. Marigomen, A.M. No. RTJ-06-2004, October 19, 2007
Uy vs. Javellana, A.M. No. MTJ-07-1666, September 5, 2012

Canon VI
Valdez vs. Torres, A.M. No. MTJ-11-1796, June 13, 2012
OCA vs. Leonida, A.M. No. RTJ-09-2198, January 18, 2011
OCA vs. Floro, Jr., A.M. No. RTJ-99-1460, March 31, 2006
Disqualification of Justices and Judges
Compulsory Disqualification
Voluntary Inhibition

Rule 137, Rules of Court

The Incorporators of MII vs. UCCP, G.R. No. 171765, March 21,
2012
Pagoda Phils. vs. Univ. Canning, G.R. No. 160966, October 11,
2005
Barnes vs. Reyes, G.R. No. 179583, September 3, 2009
Martinez vs. Gironella, G.R. No. L-37635, July 22, 1975

Discipline of Members of the Judiciary

Administrative Charges/Offenses and their Penalties
Res Ipsa Loquitur
Automatic Conversion
Judicial Immunity
Effect of Resignation, Death, Separation from Service
Basic Principles

Articles of Impeachment against CJ Renato Corona

Verdict, Corona Impeachment
Rule 140, Rules of Court
SC Adm. Circular No. 1, January 28, 1988
A.M. No. 02-9-02-SC
Samson vs. Caballero, A.M. No. RTJ-08-2138, August 5, 2009
De la Paz vs. Adiong, A.M. No. RTJ-04-1857, July 29, 2005
IMPCT vs. Davide, A.C. No. 7197, January 23, 2007

Syllabus, Basic Legal Ethics, Page 10 of 11

NOTE:
Assigned cases are understood to be in addition to cases cited in the textbook.
For individual and/or group works, submit in legal size bondpaper, unless a soft copy is required. Always indicate your name, and room number.

Syllabus, Basic Legal Ethics, Page 11 of 11