LEGAL ETHICS ALL ASSIGNMENTS

1ST ASSIGNMENT:

1. The Canons of Profession Ethics was adopted in 1917 in the Philippines. For how many decades did it serve as the ethical
compass of lawyers? Seven decades (71 years; 1971 to 1988)

2. On June 21, 1988, the Philippine Supreme Court promulgated the CPR. What is the role of the CPR in this jurisdiction?
Principal source of ethical rules for lawyers. Not only a significant contribution of the SC in the GDI (growth,
development and improvement) of the legal education but also a significant milestone towards the GDI of legal ethics
in the Philippines

3. Define Legal Ethics. Branch of moral science which treats of the duties which a member of the legal profession owes
to the PCBC (public, to the court, to his profession brethren, and to his clients)

4. What are the seven rules which govern the ethical behavior of lawyers? C3RNewS2
i. Constitution
ii. Civil Code
iii. CPR
iv. New Code of Judicial Conduct
v. Rules of Court
vi. Supreme Court Decisions
vii. Special Statutes

5. Why is the legal profession a necessity in a democratic society like the Philippines? Rights of individuals are determined
in accordance with laws and established principles. For an orderly administration of justice, persons knowledgeable
in substantive and procedural law must handle cases in court.

6. What is ambulance chasing? Solicitation of almost any kind of legal business by an attorney, personally or through
an agent, in order to gain employment

7. Who may practice law in the Philippines? Any person duly admitted as a member of the bar in accordance with
procedural law and who is in good and regular standing. It goes without saying that the lawyer was duly licensed by
the Philippine Supreme Court. Are foreigners allowed to practice law in the Philippines? No, privilege of practicing
law is for Filipino lawyers only.

8. What are the required educational qualifications of an applicant for admission to the Philippine bar?
a. 4 year HS course in an authorized and recognized university, college or school
b. Course of study prescribed for a bachelor’s degree in arts or sciences with SHELPE (Spanish, History,
Economy, Logic, Political Science, or English) as major or field of concentration
c. 4-year’s bachelor degree in law w/ completed course in C3L2PTR (civil law, criminal law, commercial law,
labor law, legal ethics, political and international law, taxation, and remedial law) and other subjects
prescribed by the Supreme Court

9. What are the requirements for admission to the bar? (CRAGEN) State the age and residence requirements, among others.
a. Citizen of the Philippines
b. Resident of the Philippines
c. At least 21 years of age
d. Good moral character
e. Evidence of good moral character must be produced before the SC satisfactory
f. No charges against him involving moral turpitude had filed or are pending in any court of the Philippines

10. Who are the bar candidates required to take review courses? Candidates who have failed the bar exam for three times
unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review
classes as well as attended a pre-bar review in a recognized law school.

11. Define practice of law. Any activity, in or out of courts, which requires the application of law or procedure.
Appearance in court or any tribunal, legal counseling, or giving legal advice and drafting legal documents are
examples of practice of law.

12. Which branch of the government regulates the practice of law? Judiciary represented by the Supreme Court

13. What is the effect of loss of Filipino citizenship on the privilege of practice of law in the Philippines? The loss of Filipino
citizenship terminates the privilege to practice law in the Philippines. May a lawyer who reacquires Filipino
citizenship automatically resumes his practice of law? Before a lawyer who reacquires Filipino citizenship pursuant
to RA 9225 can resume aid of an attorney must first secure authority from the SC upon compliance of the following:
CUR (Completion of at least 36 hours credit hours of MCLE; Updating and payment in full of annual membership
dues in the IBP, payment of professional tax; and Retaking of the lawyer’s oath)
 14. In general, who can appear and handle cases in court? Only those who are licensed to practice law. What are the
exceptions?
a. Before the MTC, a party may conduct his case in person with the aid of an agent or friend appointed by him for that
purpose or with the aid of an attorney;
b. Before any other court, a party may conduct his litigation personally but if he gets someone to aid him, that someone
must be an authorized member of the bar;
c. In a criminal case before the MTC – in a locality where a duly licensed member of the bar is not available, the judge
may appoint a non-lawyer who is : a) a resident of that province; (b) of good repute for probity and ability to defend
the accused
d. Student Practice Rule – A law student who has successfully completed his 3rd year of the regular 4-year prescribed
law curriculum and is enrolled in a recognized law school’s clinical legal education program approved by the SC may
appear, w/o compensation, in any civil/criminal/admin case before any trial court, tribunal, board or officer, to
represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct
supervision and control of a member of the IBP duly accredited by the law school if he appears in the RTC and
without such supervision if he appears in an inferior court.
e. Before the NLRC – Non-lawyers may appear before the NLRC or any arbiter if they: a) represent themselves; b)
represent their organization or members thereof.
f. Before a Cadastral Court – A non-lawyer may represent a claimant
g. Any official or other person appointed or designated in accordance with law to appear for the GOP or any of its
officials.

2ND ASSIGNMENT:

1. Who are the public officials who cannot practice law in the Philippines? JOG2PCOT
a. Judges and other officials/employees of the superior court
b. Officials and employees of the OSG
c. Government prosecutors
d. Governors, city/municipal mayors
e. President, VP, cabinet members, their deputies and assistant
f. Chairmen & members of the Const. Commission
g. Ombudsman & his deputies
h. Those who by special law are prohibited from engaging in the practice of their legal profession

2. Who are the public officials with restrictions in the practice of law? CReSS
a. Civil service officers/employees w/o permit from their respective dep’t heads
b. Retired justice/judge (w/in 1 yr from date of retirement. Magistrate cannot practice law in the particular court
where he performed his judicial duties)
c. Senators and members of House of Reps
d. Sanggunian members

3. What are the restrictions in the practice of law by members of the legislature?
a. Appearing as counsel before any courts of justice/electoral tribunals/quasi-judicial/admin bodies. Includes
mere filing of a motion or any pleading.
b. Appear in such pleading by itself or as part of a firm under the signature of another qualified lawyer because
the signature of an agent amounts to a signing of a non-qualified senator or congressman, the office of an
attorney being originally of agency and because he will in violation of the constitutional restriction.

4. What are the restrictions in the practice of law by Sanggunian members? CACU
a. Civil Case = as counsel, adverse party = LGU/any office of the gov’t
b. Criminal Case = as counsel, Accused = Officer/employee of the Nat’l or Local Gov’t in relation to his office
c. Admin Case = Collect any fee for their appearance; LGU w/c he is an official
d. Use property & personnel of the government except when the Sanggunian member concerned is defending the
interest of the government.

5. What are the restrictions in the practice of law by retired justices and judges? CAC, same with Sanggunian

6. Define forum shopping. Filing of multiple suits involving the same parties for the same cause of action, either
simultaneously or successively, for the purpose of obtaining a favorable judgment.

7. In case of conflict between the interest of the administration of justice and the interest of the lawyer’s client, which will
prevail?

8. Atty. Abogado was appointed by the court as counsel de oficio. After reviewing the evidence against the accused, Atty.
Abogado was convinced that the accused is guilty of the charge against the accused. May Atty. Abogado decline his
appointment as counsel de oficio on the ground that he is of the opinion that the accused is guilty of the charge against him?
Explain your answer.

9. Define counsel de oficio. A lawyer appointed by the court to defend an accused who cannot afford to hire the
services of counsel.

10. Define notary public. A person appointed by the court whose duty is to attest to the genuineness of any deed or
writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to
administer various oaths.
 11. What are the qualifications of a notary public? CORMM
a. Citizen of the Philippines
b. Over 21 years of age;
c. Resident in the Philippines for at least 1 yr & maintains a regular place of work or business in the city or
province where the commission is to be issued;
d. Member of the Philippines bar in good standing w/ clearances from the Office of the Bar Confidant of the SC
& IBP
e. Must not have been convicted in the first instance of any crime involving moral turpitude.

12. What are the exceptions to the rule that a notary public shall perform a notarial act in his place of work or business? HAPP
a. Hospitals & medical institutions where a party to the instruments or docs is confined for treatment
b. Any place where a party to the instrument or document requiring notarization is under detention
c. Public offices, convention halls & similar places where oaths of office may be administered
d. Public function areas in hotels and similar places for signing of instruments or docs requiring notarization

13. What are the three instances when a notary public is disqualified from performing a notarial act? HWA
a. He is a party to the instrument or document
b. Will receive commission fee, advantage, right, or other consideration except as provided by these Rules and
by law
c. A spouse, common-law partner, ancestor, descendant or relative by affinity or consanguinity of the principal
w/in the 4th civil degree

14. What is an improper document? A blank or incomplete instrument or document or w/o appropriate notarial certification

15. What are the 3 instances when the Executive Judge shall cause the prosecution of any person? IKK
a. Impersonation of a notary public or knowingly acts
b. Knowingly obtains, conceals, defaces or destroys the seal, notarial register, or official records of a notary
public
c. Knowingly solicits, coerces, or in any way influences a notary public to commit official misconduct

16. Define amicus curiae. An experienced and impartial lawyer invited by the court to appear and help in the disposition
of the issues submitted to it. Only to assist the court, not to appear for any party.

17. Define amicus par excellence. A bar association who appear in court as a friend of the court. Acts as a consultant to
guide the court in a doubtful question or issue pending before it.

18. Define of counsel. Experienced lawyer usually a retired Justice of the SC or CA employed by the law firms as
consultants

19. Define pro se. Appearance by a lawyer in his own self

20. What are the 2 concepts of attorney’s fees? Define each of them.
a. Ordinary – reasonable compensation paid to a lawyer by his client for the legal services he has rendered
b. Extraordinary - indemnity for damages ordered by the court to be paid by the losing party in a litigation.

21. When may a lawyer withdraw his services for good cause? MICIDO
a. Mental/physical condition of the lawyer renders it difficult for him to carry out the employment effectively
b. Illegal or immoral course of conduct by the client in connection w/ the matter he is handling;
c. Client insists that a lawyer pursue conduct violative of these canons and rules;
d. Inability to work w/ co-counsel will not promote the best interest of the client
e. Deliberate failure of the client to pay the fees for the services or fails to comply w/ the retainer agreement
f. Other similar cases

22. What are the obligations of a lawyer who withdrew or was discharged by the court? A lawyer who withdraws or is
discharged shall turn over all papers and property to which the client is entitled, and shall cooperate with his
successor in the orderly transfer of the matter, including all information necessary for the proper handling of the
matter.

23. When may a lawyer decline to accept a case? If it will violate his oath as a lawyer such as when a conflict of interest
exists. But in a criminal case, he may not decline to defend the accused even if he believes he is guilty (counsel de
oficio, and guilt or innocence of the accused is best left to the judgment of the court)

24. What are the characteristics of the lawyer’s relationship with his client? SPF (strictly confidential, personal and
fiduciary)

25. When is there representation of conflicting interest? If the acceptance of the new retainer will require the lawyer to do
anything which will injuriously affect his first client on any matter which he represents.

3rd ASSIGNMENT:

1. What is the coverage and duration of the rule on preservation of client’s confidential information? W/o client’s
consent, a lawyer cannot divulge any confidential info made by his client to him in the course of his employment as
counsel. Prohibition covers his stenographer or clerk. Duration of prohibition is perpetual. Lasts even after the
termination of the case and even after the death of his client.
2. What is the rule on termination of client-attorney relationship? Client has the right to terminate or discharge his
attorney at any time with or without cause. The right of the client is based on trust & confidence. A lawyer is aware
that he can be discharged by his client at any stage of the proceedings at any time the client loses his confidence in
him.

3. When may a lawyer terminate his relationship with his client? The lawyer may terminate his relationship with his
client only for a good cause

4. What are the 5 instances when a lawyer cannot demand attorney’s fees? CLAWP
a. Conflicting interest served by the lawyer
b. Legal aid cases on the part of a practicing lawyer
c. Appointed as attorney de oficio
d. Withdrawal from the case w/o just cause
e. Professional misconduct

5. What is quantum meruit? Means muct as what the lawyer deserves to be paid

6. What are the factors that determine quantum meruit? C3SPLINTV

a. Contingency
b. Compulsory rate
c. Character of the employment
d. Skills needed
e. Professional standing
f. Loss of other employment
g. Importance of case value
h. Novelty of the case
i. Time
j. Value of the subject matter of the case

7. Are contingent fee contracts allowed in this jurisdiction? Yes, it is permitted because it redound to the benefit of the poor
client and the lawyer “especially in cases where the client has meritorious cause of action, but no means w/ which to
pay for legal services”

8. What are the 2 kinds of attorney’s lien and define each of them.
a. Retaining Lien – lawyer has right to retain docs and papers that come to his possession until his attorney’s
fees are fully paid
b. Charging Lien – applies in claims for money where the lawyer states on record during the proceeding of the
agreement with his client to pay certain amount of his compensation

9. What is a champertous contract? Is this a valid contract? Where a lawyer stipulates with his client that he will bear all
the expenses for the recovery of things or property being claimed by the client, and the latter agrees to pay the
former a portion of the thing or property recovered as compensation. This is void for being against public policy.

10. When may a lawyer be criminally liable? DIE

a. Dereliction of duty and betrayal of public trust (Art. 208 & 209 of the RPC)
b. Introducing falsified documents in a judicial proceedings (Art. 172 of RPC); and
c. Estafa for misappropriating the funds of their clients

11. What are the instances when a lawyer may be civilly liable under Art. 1491 of the Civil Code? B2P2MUGEAR
a. Breach of fiduciary relation
b. Breach of duties to the bar
c. Purchase of the property of his client in the course of the employment
d. Purchase of property
e. Misappropriation of funds of his client
f. Unauthorized appearance
g. Gross negligence/ignorance
h. Encroaching upon case of another lawyer
i. Appearing for conflicting interests
j. Revelation of secrets of the client;

12. What is contempt of court? Power to punish for contempt against any lawyer or person for gross disrespect of the
court, open defiance of court order or obstruction of justice.

13. Define direct and indirect contempt of court.

a. Direct contempt of court – misbehavior committed in the presence of or so near a court or judge so as to
obstruct or interrupt the proceedings before the same, including disrespect towards the court. Punished w/o
hearing
b. Indirect contempt of court – act committed outside the court such as disobedience to lawful court order or
tending to degrade or obstruct administration of justice. Lawyer had a chance to defend himself in a hearing.

14. Distinguish civil contempt from criminal contempt of court.

a. Civil contempt – committed by a lawyer by his failure to do something ordered by the court which is for the
benefit of a party
b. Criminal contempt – any conduct directed against authority or dignity of the court
15. How should a lawyer conduct himself toward his professional colleagues? (Canon 8) With CFC (courtesy, fairness,
and candor) and avoid harassing tactics against opposing counsel.

16. How would you describe the IBP? Official unification of the entire lawyer population

17. Is membership in the IBP optional or mandatory? Mandatory membership to IBP

18. In general, what are the objectives of the IBP? EEI

a. Elevate the standards of the legal profession
b. Enable the bar to discharge its public responsibility more effectively
c. Improve the administration of justice

19. What is the term of office of IBP officers and what are their qualifications? Non-partisan & non-profit. Officials elected
for a term of 2 years.

20. What is the first and foremost duty of a lawyer to society? Maintain allegiance to the RoP, uphold the Consti, and obey
the laws of the land.

21. What is the lawyer’s duty to the defenseless or the oppressed? (Rule 2.01) Not reject except for valid reasons, the
cause of the defenseless or the oppressed.

22. What is MCLE and the requirements of completion of MCLE? Mandatory Continuing Legal Education. Requirements:
Complete every 3 years at least 36 hours of CLE activities.

23. Who are the parties exempted from the MCLE? Those who cannot practice law and are restricted, also including
Heads of government offices exercising quasi-judicial functions, Incumbent deans, bar reviewers and professors of
law who have been teaching law for at least 10 years in accredited law schools

24. What are the consequences of non-compliance with the MCLE requirements? Shall be listed as delinquent member of
the IBP Board of Governors

25. A is a member of the Board of Directors of the PCSO. He agreed to be a consultant of a Lotto outlet outside Metro Manila.
Can A validly proceed to accept the position of consultant in the Lott Outlet? Why? Public officials and employees during
their incumbency shall not own, control, manage or accept employment as officer, employee, consultant, counsel,
broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law.

26. Atty. Cruz was appointed as RTC Judge of Muntinlupa City where he handled an decided a case in favor of a Director of the
Muntinlupa Hospital. After his retirement, Judge Cruz was offered a directorship in the Muntinlupa Hospital. Can Judge Cruz
validly accept the position of director of the Muntinlupa Hospital? (Rule 6.03, CPR) Why? A lawyer shall not, after leaving
the government service, accept engagement or employment in connection with any matter in which he had
intervened while in said service.

27. What is the duty of a lawyer with regard to indigent litigants? To represent the poor and the underprivileged in
pursuing their claims or defending their rights

28. What are the duties of a lawyer under Sec. 20, Rule 138 of the Rules of Court?

29. What are the grounds for disciplinary action under Sec. 27, Rule 138 of the Rules of Court? Deceit, malpractice, gross
misconduct in office, conviction of a crime involving moral turpitude, grossly immoral act, violation of the lawyer’s
oath, willful disobedience to lawful order of the court

30. What is the exception to the rule that a lawyer may not be suspended or disbarred for misconduct in his non-
professional or private capacity? If misconduct is so gross as to show him to be wanting in moral character, honesty,
probity and demeanor.

31. Who may initiate the proceedings for disciplinary actions against any lawyer? Initiated and prosecuted by the IBP
Board of Governors or upon referral by the SC or the Board of Officers of an IBP Chapter even if no private individual
files any administrative complaint.
 JUDICIAL ETHICS ALL ASSIGNMENTS

Judicial Ethics – branch of moral science w/c treats of the rights and duties of a member of the judiciary in his/her dealings with
the court, the bar, his/her colleagues in the profession and court employees and the public or community at large.

1ST ASSIGNMENT:

1. What is now the prevailing Code of Judicial Conduct? The New Code of Judicial Conduct (Old: Canons of Judicial Ethics
and 1989 Code of Judicial Conduct)

2. What is the pattern of the New Code of Judicial Conduct? The Bangladore draft
a. When did it become effective? June 1, 2004
b. Who was the Chief Justice when the New Code of Judicial Conduct was adopted in the Philippines? Chief Justice
Hilario G. Davide Jr.

3. What are the qualifications of Justices and Judges?

a. For Supreme Court and Appellate Court Justices
i. Must be a natural born citizen of the Philippines
ii. Must be at least 40 years of age
iii. For at least 15 years must have been a judge in a lower court or engaged in the practice of law
iv. Must be of a person of known CIPI (competence, integrity, probity, and independence)
b. For RTC Judges
i. Must be a citizen of the Philippines
ii. Must be at least 35 years of age
iii. Must be for at least 10 years has been engaged in the practice of law in the Philippines or has held a
public office in the Philippines requiring admission to the practice of law is an indispensable
requisite
c. For MTC Judge
i. Must be a citizen of the Philippines
ii. Must be at least 30 years of age
iii. Must be for at least 5 years engaged in the practice of law in the Philippines or has held a public
office in the Philippines requiring admission to the practice of law is an indispensable requisite

4. What are the six Canons of the New Code of Judicial Conduct? (I3PEC)
i. Canon 1 on Independence
ii. Canon 2 on Integrity
iii. Canon 3 on Impartiality
iv. Canon 4 on Propriety
v. Canon 5 on Equality
vi. Canon 6 on Competence and Diligence

5. What are the seven grounds for disqualification of the Judge?

i. The judge has an actual bias or prejudice concerning a party or has personal knowledge of the
disputed evidentiary facts concerning the proceeding
ii. The judge previously served as a lawyer or was a material witness in the matter in controversy
iii. The judge or any member of his family has an economic interest in the outcome of the controversy
iv. The judge served as GATE (guardian, administrator, trustee, executor) or lawyer in the case or
matter in controversy, or the a former associate of the judge served as counsel during their
association, or the judge or lawyer was a material witness therein
v. The judge’s ruling in the lower court is the subject of review
vi. The judge is related in consanguinity or affinity to a party litigant within the sixth civil degree or to a
counsel within the fourth civil degree
vii. The judge knows that his or her spouse or child has a financial interest, as FiLCH (fiduciary, legatee,
creditor, or heir) or otherwise, in the subject matter of proceeding or concerning a party, or any
other interest, that could substantially be affected by the outcome of the controversy

6. Judge Roa is the Presiding Judge in a criminal case for estafa wherein the accused was represented by Atty. Tek, first cousin
of the wife of Judge Roa. Assuming that nobody moves for the disqualification of Judge Roa, can he proceed to handle the
case until its termination? Explain your answer and cite the applicable provision of the New Code of Judicial Conduct
a. Judge Roa could move for an optional disqualification under Sec. 6 of Canon 3 on Impartiality.

7. A judge did not recuse herself in a criminal case where the accused was her brother-in-law explaining that only after the case
had been submitted for decision that the accused became her brother-in-law (Ubarra v. Mapalad). Was the action of the judge
correct?
a. No. The judge violated Sec. 4 of Canon 4 on Propriety which provides that “Judges shall not participate in
the determination of a case in which any member of their family represents a litigant or is associated in any
manner with the case.”
2nd ASSIGNMENT:

1. What are the procedures to be followed to effectively remit disqualification under Sec. 6 of Canon 3 on Impartiality?
a. Disclosure: Judge must disclose on the record the basis of disqualification
b. Ask parties: Ask parties and lawyers to consider out of the presence of the judge, whether to waive disqualification.
c. Agreement: As long as disqualification is not based on personal bias or prejudice, the parties and lawyers may all
agree that the judge should not be disqualified.
d. Record: If all parties may all agree that the judge should participate, the judge may participate, and must incorporate
the agreement into the record of the proceeding.

2. A gave a birthday cake to Judge Romero on the occasion of the latter’s birthday. Judge Romero accepted the birthday cake
given by his neighbor, knowing that A has no pending case before him. Did Judge Romero violated Sec. 15 of Canon 4 on
Propriety? Explain your answer. No, Sec. 15 of Canon 4 provides that “Subject to law and to any legal requirements of
public disclosure, judges may receive a token gift, award or benefit as appropriate to the occasion on which it is
made, provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge
in the performance of official duties or otherwise give rise to an appearance of partiality.”

3. Are errors or irregularities committed by judges in the performance of their official duties subject to administrative
sanctions?
a. In order not to constitute misconduct and give rise to a charge of gross ignorance of the law, what should be proved
by the Judge? (Cruz v. Ituralde) BFFD2 = Bad Faith, Fraud, Dishonesty, Deliberate intent to do injustice
b. Are judges liable for erroneous order or decision? (Dantes v. Caguiao) No, otherwise, the judicial office becomes
unbearable and will be the objects of endless harassment.
c. What defenses are sufficient to charges of ignorance of the law? (Chan v. Lantion)
GAMC = Good faith, Absence of malice, or Corruption

4. When is good faith as a defense not applicable? (Dantes v. Caguiao) When the issues are so simple and applicable legal
principles evident and basic as to be beyond possible margin of error. (Issues=simple; Legal principles=basic)

5. What are the 2 principal sources of international law? Customary norms or conventional norms
a. What are norms of international law referred to in Sec. 2, Article II of the Constitution which provides that “the
Philippines… adopt the generally accepted principles of international law as part of the law of the land? (Customary
norms or conventional norms?) Customary norms = Sec. 2
b. To what norms does the Constitution refers to in Sec. 21, Article VII when it provides that when at least 2/3 of all the
members of Senate concur in a treaty or international agreement, it may become part of domestic law?
Conventional norms = Sec. 21
c. Why norms of international law are become the concern of judges? Because they form part of legal standards by
which their competence and diligence required by the New Code are to be measured.
d.
6. Judge Makupad decided a case 1 year after the case was submitted for decision. What Section of Canon 6 on Competence
and Diligence was violated by Judge Makupad? Judge Makupad violated Section 5 of Canon 6 “Judges shall perform all
judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness.”

7. A judge must compulsorily disqualify himself from hearing a case when any of the parties therein is related to him by
consanguinity or affinity within what civil degree? Within the 6th civil degree