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PROBLEM AREAS IN LEGAL ETHICS

JUDGE PHILIP A. AGUINALDO

I. Preliminary Topics
Concept of Legal Ethics
Terms commonly used in Legal Ethics
Reference, Legal Ethics, Pineda, 2009 ed.
Practice of Law
Case : Cayetano vs. Monsod, 201 SCRA 210
Law Student Practice Rule, Rule 138-A, Rules of Court
Persons who cannot Practice Law in the Philippines
Appearance of Non-Lawyers
Attorneys and Admission to the Bar, Rule 138, Rules of Court
Case : In re Petition to Sign Roll of Atty., Medado, Sept.
24, 2013
Graduates of Foreign Schools
Readmission to the Philippines Bar
In re Petition, Torres, Aug. 25, 2015
Reinstatement of lawyer
Que vs. Revilla, Nov. 11, 2014
Macarubbo vs. Macarubbo, Jan. 13, 2013
Lawyer's Oath, Memorize

II. Code of Professional Responsibility


Canons 1-6, The Lawyer and Society
Cases :
Aca vs. Atty. Salvado, Jan. 26, 2016
Jimenez vs. Francisco, Dec. 10, 2014
Lawyer-client relationship
Foster vs. Atty. Agtang, Dec. 10, 2014
Natividad vs. Solidum, January 28, 2014
Honesty in lawyer-client relationship
Heck vs. Santos, Feb. 23, 2004
Sui Generis
Tabang vs. Gacott, July 9, 2013
Fraudulent advice to a client
De Jesus vs. Atty. Sanchez-Malit, July 8, 2014
Notarizing documents in the absence of client
Perez vs. Atty. Catindig, March 10, 2015
Ecraela vs. Atty. Pangalangan, Sept. 8, 2015
Immorality and disbarment
Garcia vs. Sesbreno, February 3, 2015
Moral turpitude
Rafael vs. Atty. Alibutdan Diaz, Nov. 2, 2014
Guarin vs. Limpin, Jan. 14, 2015
Official duties not connected to duties as lawyer
Tan vs. Atty. Diamante, August 5, 2014
Fabricating spurious court order
AMA Land Inc. against Justices Bueser, et al., March 11, 2014
Unfounded charges against members of the judiciary

III. Code of Professional Responsibility


Canons 7-9, The Lawyer and the Legal Profession
Cases:
Concepcion vs. Atty, de la Rosa, Feb. 3, 2015
Failure to pay loan
Rosario vs. de Guzman, June 10, 2013
Quantum meruit, attorney's fees
Orola vs. Atty. Ramos, Sept. 11, 2013
Conflict of interest
Nakpil vs. Atty. Uy, Sept. 17, 2014
Withdrawal of complaint
Atty. Catalan vs. Atty. Salvosa, July 24, 2012
Former prosecutor appearing as counsel for the accused
Tumbokon vs. Atty. Pefianco, August 1, 2012
Dividing attorney's fees with non-lawyer
Feliciano vs. Atty. Lozada, March 11, 2015
Appearing in court during suspension
Enriquez vs. Atty. de Vera, March 16, 2015
Issuance of bouncing checks
Noble vs. Atty. Ailes, July 1, 2015
Courtesy to fellow lawyer
Mabini Colleges vs. Atty. Pajarillo, July 22, 2015
Conflict of interest
Regala vs. Sandiganbayan, 262 SCRA 125
Privileged communication
People vs. Sandiganbayan, 275 SCRA 505
Limitation of privileged communication

IV. Code of Professional Responsibility


Canons 10-13, The Lawyer and the Court
Cases:
Jimenez and Vizconde / Lozano vs. Atty. Verano, July 15, 2014
acts tending to Influence the legal system
Hon. Manahan vs. Atty. Flores, Nov. 13, 2013
Respect for the court
In Re SC Resolution dated 28 Apr. 2003, April 17, 2012
Courtesy to the Court/Legal System
Bansig vs. Celera, Jan. 14, 2014
Respect for court processes
Presiding Judge vs. Daelca, Sept. 9, 2014
Campos vs. Atty. Campos, Jan. 22, 2014
Respect for the court

V. Code of Professional Responsibility


Canons 14-22, The Lawyer and the Client
Cases :
Miranda vs. Atty. Carpio, Sep. 26, 2011
Lien / Attorney's fees
Anita Pena vs. Atty. Paterno, July 2013
Betrayal of trust
Umaguing vs. Atty. de Vera, Feb. 4, 2015
Ramirez vs. Atty. Margallo, Feb. 3, 2015
Bernardino vs. Atty. Santos, Feb. 18, 2015
Negligence / Dishonesty
Anglo vs. Atty. Valencia, Feb. 25, 2015
Conflict of interest

VI. PROBLEM AREAS


PROFESSIONAL DEALINGS WITH COURT, CLIENTS, FELLOW
LAWYERS AND SOCIETY
Ramiscal vs. Atty. Orro, Feb. 23, 2016
Fiduciary relationship of client and lawyer
Malabed vs. Atty. de la Pena, Feb. 9, 2016
use of improper language to fellow lawyer
CONFLICT OF INTEREST
JUDICIAL CLEMENCY
VIOLATIONS IN FOREIGN JURISDICTION
ATTORNEY'S FEES
Sanchez vs. Atty. Aguillos, Mar 16, 2016
quantum meruit and atty's fees
LIEN
SANCTIONS AND PENALTIES
WITHDRAWAL OF COUNSEL
CONTEMPT
DESISTANCE OF COMPLAINANT
FILING OF CASES, INVESTIGATIONS AND DECISIONS
Cobalt Resources vs. Atty. Aguado, Apr 12, 2016
Crim. vs. adm. cases
Nullada vs. Atty. Paulma, Apr 12, 2016
moral turpitude
DISBARMENT
The Christian Spiritists vs. Atty. Mangallag, Mar 16, 2016
Procedure for disbarment
VII. MCLE (Res. dated Jan. 14, 2014) AND RELEVANT SUPREME COURT ISSUANCES (Bar Matter 1645 amending
Rule 139-B, Rules of Court, Sec 12)
Cases:
Amado vs. Adaza, Augu. 25, 2015
Exemption in MCLE

VIII. NOTARIAL PRACTICE RULE AND JURISPRUDENCE

IX. CODE OF JUDICIAL CONDUCT FOR THE PHIL. JUDICIARY AND JURISPRUDENCE ON JUDICIAL ETHICS
Muhlach vs. Judge Arroyo, Aug. 25, 2015
Inhibition/disqualification of judges
Ascano vs. Judge Jacinto, Jan. 12, 2015
Use of abusive and intemperate language
OCA vs. Judge Balut, Jan/ 12, 2015
Borrowing money
Tormis vs. Judge Paredes, Feb. 4, 2014
Sub-judice / misconduct of judge
Lorenzana vs. Judge Austria, Apr. 2, 2014
Posing in social media

NOTE: This is without prejudice to the assignment in the textbook and other cases prescribed by the professor.