Escolar Documentos
Profissional Documentos
Cultura Documentos
SCHOOL OF LAW
Throughout this semester, you will be working in teams of three using the Jewish
learning method known as havrutah. Havrutah comes from the Hebrew word haver
which means “friend.” In the same way that swords are sharpened through pressure
and friction, ideas and thoughts are likewise refined and sharpened through
discussion, dialogue, disagreement, and discovery with others.
Readings:
• Barbara Blumenfeld (2011), Engaging Students with Havruta Style Learn-
ing, http://lawteaching.org/conferences/2011/handouts/2b-
EngagingStudentswithHavruta.pdf
• Jaime Bulatao, S.J., The Technique of Group Discussion, 1-44.
B. Journalling
Pick out a journal that will be the repository of your thoughts and sentiments for
the duration of the course (and possibly for the rest of your stay in law school).
Part 1. THE ROLES AND RESPONSIBILITIES OF LAWYERS
A. Learning Objectives
B. Readings
• Cayetano v. Monsod, G.R. No. 10013, September 3, 1991
• Letter of Sen. Jose W. Diokno to his eldest son, Jose Ramon I. Diokno dated
October 23, 1972. Available at:
http://abogadoparasabayan.blogspot.com/2005_05_01_archive.html
• Justice Pompeyo Diaz (1981), Passion for Justice, 27 Ateneo Law Journal 81
(1983). http://www.mostlawfirm.net/resources/insights/passion-for-justice/
• Therese Desiree K. Perez and Rufino Ranulfo Z. San Juan IV, The Revolution-
ary Imperative of Lawyers in the Philippines, 70 Phil. L.J. 493-506. (See
Google Drive.)
• Jose W. Diokno, A Filipino Concept of Justice (1987), in Rene Sarmiento,
GROW IN GRACE AND GOVERN IN WISDOM: READINGS IN LEGAL PHILOSOPHY
(Available at the library)
• Deborah M. Hussey Freeland, Recovering the Lost Lawyer, 2014 Journal of the
Professional Law (2014), http://law.stanford.edu/wp-
content/uploads/sites/default/files/publication/684128/doc/slspublic/HusseyFree
land%20Recovering%20the%20Lost%20Lawyer.pdf
PART 2. UNDERSTANDING LEGAL ETHICS IN CONTEXT
A. Learning Objectives
B. Readings
• WTO Council for Trade in Services (1998), “Legal Services: Background Note
by the Secretariat,” S/C/W/43, 6 July 1998.
https://www.wto.org/english/tratop_e/serv_e/w43.doc
• WTO Council for Trade in Services (2010), "Legal Services: Background Note
by the Secretariat," S/C/W/318, 14 June 2010.
http://www.americanbar.org/content/dam/aba/migrated/cpr/gats/wto_legal_servi
ces.authcheckdam.pdf
Guide questions: How is the legal profession changing? What possible effects will
these changes have on the values and ethics of the profession?
A. Learning Objectives
• To understand the common broad themes and values that permeate domestic
and international systems of legal ethics.
• To know how the State regulates the legal profession and entry into the practice
of law;
• To know the requirements for admission to the practice of law;
• To understand the importance of the good moral character requirement to the
practice of law; and
• To be able to identify kinds of behavior that fall outside the scope of good moral
character.
(a) In general
- CPR Canon 9
- ROC Rule 138-A - Student practice rule
- Cruz vs. Mina, 522 SCRA 387 (2007)
- Spouses Suarez vs. Salazar, G.R. No. 139281, September 29, 1999
- Aguirre vs. Rana, B.M. No. 1036, June 10, 2003
- Office of the Court Administrator vs. Ladaga, A.M. No. P-99-1287,
January 26, 2001
- Alawi vs. Alauya, A.M. No. SDC-97-2-P, February 24, 1997
(b) Duty to not delegate work to an unqualified person
- Rule 9.01, CPR
(c) Duty to not divide legal fees
- Rule 9.02, CPR
- Halili vs. CIR, G.R. No. L-24864, April 30, 1985, 136 SCRA 113 (1985)
- Lijuaico vs. Terrado, A.C. No. 6317, August 31, 2006, 500 SCRA 301
(2006)
(d) When non-lawyers can appear
- ROC Rule 138-A
- ROC Rule 138, Sections 33-34
- Act No. 2259, Sec. 1
- Labor Code, Art. 222
- DARAB - RA 6657, as amended by RA 9700, Rule VIII, Sec. 1
- Local Government Code (RA 7160), Sec. 415
- Rules of Procedure for Small Claims Cases, A.M. No. 08-8-7-SC,
effective October 1, 2008, Sec. 17.
(e) Liability for unauthorized practice
(b) Duty to impress upon client the duty to comply with laws
(d) Duty to uphold the integrity of the legal system: the special role of the
notary public
(a) In general
- Republic Act No. 6713, Sec. 4 (1989)
- Collantes vs. Romeron, 200 SCRA 584 (1991)
- Office of the Court Administrator vs. Ladaga, 350 SCRA 326 (2001)
- Pimentel vs. Fabros, 501 SCRA 346 (2006)
- Lahn vs. Mayor, 666 SCRA 1 (2012)
(b) Duty of prosecutors
- Rule 6.01, CPR
- People vs. Pineda, 20 SCRA 748 (1967)
(c) Duty not to use public position for private interest
- Rule 6.02, CPR
- Misamin vs. San Juan, 72 SCRA 491 (1976)
- Vitriolo vs. Dasig, 400 SCRA 172 (2003)
- Huyssen v. Gutierrez, 485 SCRA 244 (2006)
- Ramos vs. Imbang, 530 SCRA 759 (2007)
- In re Avecilla, A.C. No. 6683, June 21, 2011
(d) Duty not to accept employment after government service
- Rule 6.03, CPR
- Rep. Act No. 6713, Sec. 7 (b)
- Query of Atty. Karen M. Silverio, 596 SCRA 378 (2009)
- Rep. Act No. 3019, Sec. 3 (d)
- PNB vs. Cedo, 243 SCRA 1 (1995)
- PCGG vs. Sandiganbayan, 455 SCRA 526 (2005)
Part 5. THE LAWYER’S RESPONSIBILITIES TO THE LEGAL
PROFESSION
(a) In general
- Canon 7, CPR
- Rule 7.03, CPR
- Guevarra v. Atty. Eala, A.C. No. 7136, August 1, 2007.
- See previous cases under Good Moral Character.
(b) No false statement in application for admission to the Bar
- Rule 7.01, CPR
- In re Diao, A.C. No. 244, March 29, 1963
(c) Duty not to support unqualified Bar applicant
- Rule 7.02, CPR
(a) Integration of the Bar
- RA 6397 - Integrated Bar of the Philippines
- ROC, Rule 139-A, Secs. 9-10
(a) Advertising
- Canon 3, CPR
- Rule 3.01, CPR
- Khan v. Simbillo, A.C. No. 5299, August 19, 2003
(b) Firm Name
- Rule 3.02, CPR
- Dacanay v. Baker & McKenzie, A.C. No. 2131, May 10, 1985
- In re Petition of Sycip, G.R. No. X92-1, July 30, 1979
- Nebreja v. Reonel, A.C. No. 9896, March 19, 2014
- Rule 3.03, CPR
- Samonte v. Gatdula, A.M. No. P-99-1292, February 20, 1999
- 1987 Philippine Constitution, Art. VI, Sec. 14; Art. VII, Sec. 13;
Art. IX, Sec. 2
(c) Solicitation
- Rule 2.03, CPR
- ROC Rule 138, Sec. 27
- Rule 2.04, CPR
- In re Tagorda, 53 Phil 37 (1929)
- Ulep v. Legal Clinic, B.M. No. 553, June 17, 1993
- Linsangan v. Tolentino, A.C. No. 6672, September 4, 2009
- Villatuya v. Tabalingcos, A.C. No. 6622, July 10, 2012
(d) Use of Media
- Rule 3.04, CPR
- Cruz v. Salva, 105 Phil. 1151 (1959)
PART 6. THE LAWYER AND THE CLIENT
A. Learning Objectives
Cases:
• Burbe v. Magulta, A.C. No. 99-634, June 10, 2002.
• Hadjula v. Madianda, A.C. No. 6711, July 3, 2007.
- CPR Canon 17
- Angalan vs. Delante, 578 SCRA 113 (2009)
- Quilban v. Robinol
- Cantiller vs. Potenciano, 180 SCRA 246 (1989)
- In re Maquera, 435 SCRA 417 (2004)
- Mattus v. Villaseca, A.C. No. 7922, October 1, 2013
4. Conflict of interest
Questions:
- What is conflict of interest? Why are there proscriptions against it?
- What are the kinds of conflict of interest?
- What are the tests for determining conflict of interest?
- How can conflicts of interest be avoided? Mitigated?
- What are the defenses against a charge of conflict of interest?
Background readings:
Codal provisions:
- CPR Canon 15
- CPR Rule 14.03 (b)
- CPR Rule 15.01
- CPR Rule 15.03
- CPR Rule 21.07
- CPR Rule 6.03
- Canons 6, Canons of Professional Ethics (CPE)
Cases:
A. Primary references:
Lawyers:
• Code of Professional Responsibility
• Rule 71, Rules of Court
Judges:
• New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-05-01-
SC, April 27, 2004
• New Code of Judicial Conduct for the Philippine Judiciary Annotated (2007),
https://apps.americanbar.org/rol/publications/philippines-judicial-code-02-
2007.pdf. (Hard copy can be borrowed from Atty. Lat)
Court Personnel:
• Code of Conduct for Court Personnel, A.M. No. 03-06-13-SC, June 2004
http://philja.judiciary.gov.ph/assets/files/pdf/learning_materials/e-
alerts_jun04.pdf
• Annotation of the Code of Conduct for Court Personnel (Hard copy can be
borrowed from Atty. Lat)
B. Readings:
Philippine Constitution
Article VIII, Sec. 2-3, 10
Article VIII, Sec. 7 (3)
Article VIII, Sec. 14
Canon 1, New Code of Judicial Conduct (NCJC)
(1) How does the judicial system work? What are the powers and duties of courts?
• Rule 135, Sec. 5 - Inherent powers of courts
(2) Who are the people involved in the judicial system? What are their powers and
duties?
• Rule 135, Rules of Court
• Rule 136, Rules of Court
Overview:
- OCA v. Judge Eliza Yu, A.M. No. MTJ-12-1813, Nov. 22, 2016
(1) Canon 1: Independence
- Canon 1, NCJC, Sections 1-8
- Libarios vs. Dabalos, 199 SCRA 48 (1991)
- Tan vs. Rosete, 437 SCRA 581 (2004)
- Ramirez vs. Corpus-Macandog, 144 SCRA 462 (1986)
(2) Canon 2: Integrity
- Canon 2, NCJC, Sections 1-3
Plagiarism cases
- Re: Letter of the UP Law Faculty, 633 SCRA 428 (2010), March 8, 2011
- Re: Letter of the UP Law Faculty, 644 SCRA 543 (2011), June 7, 2011
- In the Matter of Charges of Plagiarism against Associate Justice Mariano
C. Del Castillo, 642 SCRA 11 (2011)
- Cf. Vinuya vs. Executive Secretary, G.R. No. 162230, April 28, 2010
- In re Lozanos, A.M. No. 10-1-13-SC and 109-9-SC, June 15, 2012
- CPR Rule 10.03 - Observe rules of procedure
- ROC Rule 138, Sec. 20 (d)
(3) Attitude towards judges
- CPR Rule 11.04 - Not to attribute motives to judge
- Embido vs. Pe, Jr., A.C. No. 6832, October 22, 2013, 708 SCRA 1 (2013)
- Madrid vs. Dealca, A.C. No. 7474, September 9, 2014
- CPR Rule 11.05 - Grievances against judge
- Phil. Constitution, Art. VII, Sec. 6
- Maceda vs. Vasquez, 221 SCRA 464 (1993)
- Canon 13 - Refrain from act giving appearance of influence
- Nestle Phils. vs. Sanchez, 154 SCRA 542 (1987)
- In re De Vera, 385 SCRA 285 (2003)
- Perez vs. Estrada, 360 SCRA 248 (2001)
- CPR Rule 13.01 - No extraordinary attention
1. Discipline of lawyers
- Rule 138, Sec. 27 as amended by Supreme Court Resolution dated February 13,
1992
- Rule 139-B
- Supreme Court Bar Matter No. 1755, September 25, 2007
- Yuhico vs. Gutierrez, A.C. No. 8391, November 23, 2010
- Maniago vs. De Dios, A.C. No. 7472, March 10, 2010
- ROC Rule 71 - Direct and indirect contempt
2. Discipline of judges
- A.M. No. 02-9-02-SC - Re: Automatic Conversion of Some Administrative Cases
Against Justices of the Court of Appeals and the Sandiganbayan; Judges of Regu-
lar and Special Courts; and Court Officials Who are Lawyers as Disciplinary Pro-
ceedings Against Them Both as Such Officials and as Members of the Philippine
Bar
- Samson vs. Caballera, A.M. No. RTJ-08-2138, August 5, 2009, 595 SCRA 423
(2009)
PART 9. MORAL REASONING AND ETHICAL SENSITIVITY
Key questions:
• James Martin, S.J., The Jesuit Guide to (Almost) Everything, “Chapter 8. The
Simple Life: The Surprising Freedom of Downward Mobility,” pp. 174-212.
• Greg McKeown, Essentialism: The Pursuit of Less, “Chapter 11. DARE: The
Power of a Graceful ‘No’”, pp. 131-171.