Basic Legal and Judicial Ethics Syllabus
Basic Legal and Judicial Ethics Syllabus
SYLLABUS
Legal and Judicial Ethics
First Semester CY 2023-2024
Sessions : 6-9 pm of August 16, 23, 30, September 6, 13, 20 & 27, October 4,
November 8, 15, 22 & 29, December 6, 13 & 20
October 11, 18, 25 – Break. Drafting of Paper on Legal and Judicial Ethics
MidTerm Exams-
Final Exams-
I. Preliminary
1. Ethics in general
2. Legal and Judicial Ethics as Practical Science
3. Primary Sources/Governing Rules of Legal and Judicial Ethics
Education
➢ Pre-Law: Rules of Court, Rule 138 sec. 6
In re Diao, A.C. No. 244, 29 March 1963
➢ Law Proper: Rules of Court, Rule 138 sec. 5
Republic Act No. 7662 (1993) – Legal Education Reform Act
LEB, Policies and Standards of Legal Education and Manual of Regulations
for Law Schools (2011);
LEB Memorandum No. 2, April 30, 2013, Part I -. Additional Rules in the
Operation of the Law Program; Part II – Ethical Standards of Conduct for
Law Professors;
LEB Memorandum Circular 2018, June 8, 2018 – PHILSAT Eligibility Requirement
for Freshman in the Academic Year 2018- 2019,
Oscar Pimentel, et. al v. LEB, GR No. 230642 and 242954, March 12, 2019
2
Citizenship
➢ Constitution, Art. IV, secs. 3-5; Art. XII sec. 14(2)
➢ Republic Act No. 9225 (2003) – Dual Citizenship Act
➢ Petition to Re-Acquire the Privilege to Practice of Law by Epifanio Muneses,
Bar Matter No. 2112, July 24, 2012 with accompanying Supreme Court
Resolution En Banc, July 24, 2012;
➢ Effect of Loss and Reacquisition of Filipino Citizenship
Bar Examinations
➢ Rules of Court 138, secs. 7-16; Bar Matter No. 1153, March 9,
2010, Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms
in the Bar Examinations Through Amendments to Rule 138,
secs. 5 & 6 of the Rules of Court; Reforms in the Bar
Examinations, Bar Matter No. 1161, June 8, 2004; 2010 Bar
Matter No. 2265, January 28, 2001 re Reforms in the Bar
Examinations; Bar Matter No. 2502, March 20, 2012 Re: 2003
Bar Examinations, Atty. Daniel de Guzman, B.M. No. 1722, April
24, 2009 Read: F.P. Feliciano, Random Reflections on the Bar,
Corruption, and the Practice of Law, 58 PHIL. L.J. 225-240
(2012) 4.
Proper Attire
Supreme Court Resolution in Falcis III vs. Civil Registrar General, G. R. No.
217910, July 3, 2018
Constitution Art. VII sec. 6 ; Maceda v. Vasquez, G.R. No. 102781, April 22,
1993, 221 SCRA 464; Pontanosas v. Pamatong, A.C. 7330, 14 June 2016
In re Tagorda, March 23, 1929, 53 Phil 37; Ulep v. Legal Clinic, B.M. No. 553, June
17, 1993, 223 SCRA 378; Linsangan v. Tolentino, A.C. No. 6672 September 4, 2009,
598 SCRA 133; Villatuya v. Tabalingcos, A.C. No. 6622, July 10, 2012, 676 SCRA
37;
Not Use Media to Attract Legal Business
Cruz v. Salva 105 Phil 1151
Forum Shopping
Olivares v. Villanon, Jr., A.C. No. 6323, April 13, 2007
Misamin v. San Juan, A.C. No. 1418, Aug. 31, 1976, 72 SCRA 491; Vitriolo v. Dasig,
A.C. No. 4984, April 1, 2003, 400 SCRA 172; Ramos v. Imbang, A.C. No. 6788,
August 23, 2007, 530 SCRA 759
Uphold the Constitution, Obey the laws of the land Promote and Respect Law
and Legal Process
Zaldivar v. Gonzales, G.R. Nos. 79690-707 and 80578, October 7, 1988, 166 SCRA
316
Section 19. Corporate lawyers; conflict of interest. (ABA Model Rules, Rule 1.9
Comment) (ABA Model Rules, Rule 1.9 Comment) (n)
Section 20. Legal services organization; conflict of interest. (n)
Section 21. Lawyers in government service; conflict of interest. (n)
Section 22. Public Attorney’s Office; conflict of interest. (n)
Section 23. Amicus curiae. (14.02a)
Section 25. Support for legal internship, apprenticeship and training. (n)
Section 26. Prompt payment of membership dues. (n)
Section 27. Confidentiality of privileged communication. (21a)
Attorney’s Fees
RA No. 1706 (2015) An Act Protecting Seafarers Against Ambulance Chasing and
Imposition of Excessive Fees, Providing Penalties Therefor (Seafarers Protection
Act); RA 5185 sec. 6 Rule 138 sec. 24, 32, Rules of Court; Quirante v. IAC, G.R. No.
73886, January 31, 1989, 169 SCRA 769 (1989); Tanhueco v. de Dumo, A.C. No. 1437
and A.C. No. 1683, April 25, 1989, 172 SCRA 760; Albano v. Coloma, A. C. No. 528
October 11, 1967 21 SCRA 411; Metropolitan Bank v. CA, G.R. Nos. 86100-03,
January 23, 1990, 181 SCRA 367
Fee Guide
Roxas v. de Zuzuarregui, G.R. No. 152072, January 31, 2006, 481 SCRA 250;
Masmud v. NLRC, G.R. No. 183385, February 13, 2009, 579 SCRA 509; Aquino v.
Casabar, G.R. No. 191470, January 26, 2015, 748 SCRA 181; Ignacio v. Alviar, A.C.
No. 11482, July 17, 2017 (attorneys fees and acceptance fee distinguished)
Carpio and Ma. Lourdes Sereno, filed by Atty. De la Peña, dated Sept. 16, 2001, A.M.
No. 12-6-11-SC, June 13, 2012
Berbano v. Barcelona, A.C. No. 6084, September 3, 2003, 410 SCRA 258
Sison, Jr. v. Camacho, AC No. 10910, January 12, 2016
G. Canon V- Equality
Republic Act No. 9999 or the Free Legal Assistance Act of 2010
Availability of Services Regardless of Status Rule 138 sec. 20 Rules of Court
Republic Act No. 10389 (2012) – An Act Institutionalizing Recognizance as a
Mode of Granting the Release of an Indigent Person in Custody of an
Accused in a Criminal Case
See also Rule 2.01 SC B.M. No. 2012 approved Feb. 10, 2009 on Mandatory
Legal Aid Service for Practicing Lawyers (MLAS) IBP,
Rule on Community Legal Aid Service, A.M. No. 17-03-09-SC, 23 October 2017
H. Canon VI -ACCOUNTABILITY
Note: Suspension, Disbarment and Discipline of Lawyers [Canon VI-
Accountability, CPRA; Rule 139, Rules of Court]
Section 42. Penalty when the respondent has been previously disbarred. (n)
Section 43. Immediately executory; furnished copies.
Section 44. Confidentiality. (R139-B, sec. 18)
Section 45. Sworn statement after service of suspension.
Section 46. Resumption of practice of law. (n)
Section 47. Reinstatement in the Roll of Attorneys. (n)
Section 48. Petition for judicial clemency (n)
Section 49. Action on the petition for judicial clemency; prima facie merit. (n)
Section 50. Investigation by the Office of the Bar Confidant or other fact-finding body. (n)
Section 51. Decision on the petition for judicial clemency; quantum of evidence. (n)
Section 52. Prohibition against employment of disbarred or suspended lawyer. (n)
Section 53. Costs. (R139-B, sec. 19)
V. Judicial Ethics
• History/Sources
• Definition of Judicial Ethics
• Qualifications of Judges [SC, RTC, MTC]
• Disqualification of Judicial Officers
1. Compulsory
2. Voluntary
• Discipline and Administrative Jurisdiction over Members of the Judiciary [Rule
140]
1. Supreme Court/Impeachment
2. Lower Court Justices and Judges (Sanctions imposed by the SC on
erring Members of the Judiciary)
3. Judicial Integrity Board [2022]
4. Can dismissed judges and justices request for judicial clemency? See
Concerned Lawyers of Bulacan v. Villalon-Pornillos, A.M. RTJ-
092183, February 14, 2017 citing Letter of Judge Augustus Diaz, Branch
37, 560 Phil 1; 533 SCRA 534 (2007)
1. Independence
- In re Complaint of Mrs. Rotilla Marcos Against Judge F. Marcos, A.M. No. 97-
2-53-RTC, July 6, 2001, 360 SCRA 539
- Dela Cruz v. Bersamira, A.M. No. RTJ-00-567, July 25, 2000, 336 SCRA 353
- Re Letter of Pres. Justice Conrado M. Vasquez, Jr on CA-G.R. SP No.
103692, Sept. 29, 2008
- In re Undated Letter of Mr. Luis C. Biraogo, A.M. No. 09-2-89-SC, February
24, 2009, 580 SCRA 106
- Allegations made under oath at the Senate Blue Ribbon Committee Hearing
held on 26 September 2013 against Assoc. Justice Gregory Ong, A.M. No.
09-2-89-SC, 23 September 2014
14
3. Impartiality
- People v. Veneracion, G.R. Nos. 119987-88, October 12, 1995, 249 SCRA 244
- Jorda v. Judge Bitas, A.M. RTJ-14-2376, March 5, 2014, 718 SCRA 1 (2014)
- Prosecutor Leo T. Cahanap v. Judge Leonor Quinones, A.M. No. RTJ-16-
2470, January 10, 2018
4. Propriety
- Marcos, Sr. v. Arcangel, A.M. No. RTJ-91-712, July 9, 1996, 258 SCRA 517
- Lorenzana v. Austria, A.M. No. RTJ-09-2200, April 2, 2014
- OCA Circular No. 173-2017, Proper Use of Social Media, 17 August 2017
- OCA v. Yu, A.M. No. MTJ-12-1813, 14 March 2017, and 8 cases, 820 SCRA 256
- Re: Anonymous Letter complaint Against Associate Justice Normandie B.
Pizarro, Court Of Appeals, A.M. No. 17-11-06-CA, March 13, 2018
- Madeline Tan-Yap v. Hon. Hannibal R. Patricio, A.M. No. MTJ-19-1925, June
3, 2019
5. Equality
6. Competence/Diligence
- Castro v. Malazo, A.M. No. 1237-CAR, August 21, 1980, 99 SCRA 165 (1980)
- Office of the Court Administrator v. Judge Floro, A.M. No. RTJ-99-1463,
March 31, 2006, 486 SCRA 66 (2006)
- Automatic Conversion of Some Administrative Cases Against Justices of the
CA and the Sandiganbayan, etc., A.M. No. 02902-SC, 17 September 2002
- Samson v. Caballero, A.M. No. RTJ-08-2136, 05 Augusts 200
- Rev. Rules of Court, Rule 140, as amended by A.M. No. 18-01-05-SC,
effective 02 October 2018, amending Secs. 3, 6 and 9