LEGAL PROFESSION

A.Y. 2019-2020

A. THE LEGAL PROFESSION

GROUP a. Supervision and Control
i. Sec. 5 (5) Art. VIII, Constitution
1 ii. Sec. 14 Art. XII, Constitution
iii. Power to Integrate the Integrated Bar
iv. In the Matter of the Integration of the Bar of the
Philippines; In the Matter of IBP (1973)
v. In the Matter of the Petitions for Admission to the Bar
of Unsuccessful Candidates of 1946 to 1953; In re
Cunanan (1954)

B. THE PRACTICE OF LAW

a. Practice of Law (Renato Cayetano v. Christian Monsod et al.
G.R. No. 100113. September 3, 1991)
b. Admission to the Practice of Law
c. Qualification
i. Lost of Citizenship, reacquisition of Filipino
citizenship pursuant to RA 9225 (Benjamin M.
Dacanay, B.M. No. 1678, December 17, 2007)
ii. Full-fledged lawyer (Donna Marie S. Aguirre v. Edwin L.
Rana, B.M. No. 1036 June 10, 2003)
iii. Petition to Sign in the Roll (Michael A. Medado, B.M.
2540, September 24, 2013)
d. Appearance of Non-Lawyers
i. Law Student Practice
ii. A.M. No. 19-03-24-SC Rule 138-A Law Student Practice,
otherwise known as the Revised Law Student Practice
Rule
iii. Non-Lawyers in Court and Administrative Bodies
e. Rules Regarding Practice of Law of Certain Public Officials
i. Public Officials who cannot engage in the Private
Practice of Law in the Philippines
ii. Public Officials with Restrictions in the Practice of
Law
f. Remedies Against Unauthorized Practice of Law
g. Lawyer’s Oath
i. Importance of Lawyer’s Oath

C. PRIVILEGES AND DUTIES OF A LAWYER

GROUP a. Privileges of an Attorney
b. Four-Fold Duties of a Lawyer
2 c. Specific Duties of a Lawyer
d. Duty of Counsel de Officio
e. Duty of a Private Prosecutor
f. Lawyers Authorized to represent the Government
g. Private Practice
h. Bar v. Bench
i. Attorney-at-law v. attorney-in-fact

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 j. Attorney of record v. attorney ad hoc
k. Counsel de officio v. Counsel de parte
l. Amicus curiae v. amicus curiae par excellence

CODE OF PROFESSIONAL RESPONSIBILITY

1. THE LAWYER AND THE SOCIETY

a. Respect for the Law and Legal Processes
i. Maintenance
ii. Barratry
iii. Ambulance Chasing
iv. Spouses Santuyo v. Atty. Benjamin Hidalgo, A.C. NO.
5838, January 17, 2005
v. Arturo L. Sicat v. Atty. Gregorio E. Ariola, Jr. A.C. NO.
5864, April 15, 2005
vi. Pres. Joseph Estrada v. Hon. Sandiganbayan et al. G.R.
No. 159486-88, November 25, 2003
vii. Marife A. Venzon Vs. Atty. Amador B. Peleo III, A.C. No.
9354. August 20, 2019
b. Rendition of Available and Efficient Legal Service
c. True, Honest, Fair and Objective Information in Making
GROUP Known the Legal Service
3 i. Rationale behind the Prohibition
ii. Advertising and Solicitation
iii. Allowable Manner of Advertising Legal Service
iv. Atty. Ismael Khan, Jr. v. Atty. Rizalino Simbillo, A.C. No.
5299, August 19, 2003
v. Adriano Dacanay v. Baker and McKenzie et al., Adm.
Case No. 2131 May 10, 1985
d. Participate in the Improvement of Legal System
e. Participation in the Legal Education Program
f. Applicability of Code of Professional Responsibility to
Lawyers in Public Service
i. Code of Conduct and Ethical Standards for Public
Officials and Employees (RA 6713, Sec. 4 (A))

2. THE LAWYER AND THE LEGAL PROFESSION

a. Uphold the Integrity and Dignity of the Profession and
Support the Activities of IBP
i. Integrated Bar of the Philippines
ii. Constitutionality of the integration of IBP
iii. IBP Board
iv. IBP Membership and dues
v. New Rules for IBP Lifetime Membership
vi. Letter of Atty. Cecilio Arevalo, B.M. NO. 1370 : May 9,
2005
b. Observe Courtesy, Fairness and Candor towards his
Colleagues and Avoid Harassing Tactics
i. Atty. Vicente Raul Almacen, GR No. G.R. No. L-27654
February 18, 1970

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 ii. Enrique Saldivar v. Hon. Raul Gonzales, G.R. Nos. 79690-
707 October 7, 1988
c. Unauthorized Practice of Law
i. Atty. Aurelio C. Angeles v. Atty. Renato C. Bagay A.C. No.
8103, December 3, 2014

3. THE LAWYER’S DUTY TO THE COURTS

GROUP a. Observance of Candor, Fairness and Good Faith to the Courts
i. Walter T. Young v. Cesar Batuegas et al., A.C. No. 5379
4 : May 9, 2003
b. Shall do no falsehood, nor consent to the doing of any
i. Walter Young v. Ceasar Batuegas, A.C. No. 5379 - May
9, 2003
ii. Renato Maligaya v. Atty. Doronilla Jr., A.C. No.
6198 September 15, 2006
c. Observe Respect due to the Courts and Judicial Officers
i. In Re Vicente Sotto, January 21, 1949
ii. In Re Atty. Vicente Raul Almacen, G.R. No. L-27654
February 18, 1970
iii. Rosa Yap-Paras v. Atty. Justo Paras, A.C. No. 4947,
February 14, 2005
iv. In re: PUBLISHED ALLEGED THREATS AGAINST
MEMBERS OF THE COURT IN THE PLUNDER LAW
CASE HURLED BY ATTY. LEONARD DE VERA, A.M. No.
01-12-03-SC, July 29, 2002
v. Romeo G. Roxas v. Antonio de Zuzuarregui, Jr. G.R. No.
152072 , January 31, 2006
d. Shall be punctual and in proper attire
e. Assists in the Speedy and Efficient Administration of Justice
i. Article 3, Sec. 6, Consitution
ii. Rule 138 Sec. 20 (g)
f. Avoid Impropriety that Tends to Influence the Court

4. THE LAWYER’S DUTY TO THE CLIENT

GROUP a. Attorney-Client Relationship
i. Nature of Relation
5 b. Not Refuse Services to the Needy
i. Right to Decline Employment
ii. Duty to Decline Employment
iii. Ethical Consideration in Taking a Bad Case
iv. Amici Curiae/Counsel de Officio
c. Observe Candor, Fairness and Loyalty in his Dealings and
Transactions with his Clients
i. Conflict of Interest
ii. Test in Determining Conflict of Interest
iii. Effect of Representing Adverse Interest
d. Hold in Trust all the Money and Property of this Client that
may come in his Possession
i. When Rule is not applicable
e. Owes Fidelity to the Cause of this Client and be Mindful of the
Trust and Confidence Reposed in him

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 i. Privilege Communication
ii. Conflict of Interest
f. Serve Client with Competence and Diligence
i. Duty to Protect the Client’s Interest
ii. Valeriana Dalisay v. Atty. Melanio Mauricio, Jr. A. C. No.
5655 : April 22, 2005
iii. Preparation of Pleadings of the Client
iv. Duty to Keep the Client Fully Informed
v. Doctrine of Imputed Knowledge
vi. When Doctrine of Imputed Knowledge Not Applicable
vii. Duty when the Court intends to Plead Guilty
viii. Duty to Comply with the Client’s Lawful Request
g. Represent Client with Zeal and within the Bounds of the Law
GROUP i. Duty to Restrain Client from Impropriety
ii. Duty to Advice Candidly
6 iii. Duty of Lawyer in Case of Knowledge of Client’s Fraud
iv. Authority of the Lawyer
v. Presumption of Authority
vi. Authority to Compromise
vii. Authority to Conduct Litigation
viii. Mistakes of Negligence of Lawyer Binding upon Client
h. Charge only Fair and Reasonable Fees
i. Attorney’s Fees
ii. Quantum Meruit
iii. Retainer
iv. Contingent Fee
v. Contingent Contract
vi. Attorney’s Lien
vii. Charging Lien
viii. Retaining Lien
i. Privilege Communication
i. Lawyer as Witness
j. Withdrawal of Services
i. Termination of Attorney-Client Relationship
ii. Discharge of the Attorney by the Client

D. LIABILITIES OF A LAWYER
a. Liability for Damages
b. Liability for Breach of Fiduciary Obligation
c. Liability for Cost of Suit
d. Criminal Liability
e. Contempt of Court

E. BAR DISCIPLINE
GROUP a. Power to Discipline Errant Lawyer
i. Of the Supreme Court
7 ii. Of the Court of Appeals and Regional Trial Courts
b. Form of Disciplinary Measure
c. Sui Generis
d. Prescription
e. Suspension, Disbarment and Reinstatement

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 i. Grounds
ii. How initiated
iii. Proceedings
1. Before the IBP
2. Before the Supreme Court
iv. Rule 139-B, Rules of Court
v. En Banc Bar Matter No. 1645
vi. Breach of Duties to the Court, Client, Bar
vii. In the Matter of the Petition for the Reinstatement of
Rolando S. Torres, A.C. 5161, July 11, 2017
viii. Readmission
ix. In re: Quinciano d. Vailoces, A.C. No. 439. September 30,
1982
x. Petition for Leave to Resume Practice of Law of
Benjamin Dacanay, B.M. No. 1678, Dec. 17, 2007

F. MANDATORY CONTINUING LEGAL EDUCATION

GROUP a. Bar Matter 850, October 2, 2001
b. Requirements of Completion
8 c. Parties Exempted from MCLE
d. Non-compliance; Consequences
i. Samuel B. Arnado v. Atty. Homobono A. Adaza, A.C. No.
9834, August 26, 2015
e. MCLE Exemption or Compliance Number & Date of Issuance
in Pleadings
f. Conduct of MCLE Online

GROUP REPORT:

1. Submit a group report on the topic/s assigned (1 output per

group).
2. The topic/s must be discussed comprehensively.
3. For jurisprudence/case, it should be in a case digest outline
and must highlight the principle/s relevant to the topic.
4. The report shall be submitted in doc/docx file format.
5. Use the file name: Group(group number)_LEGALPROF2020
6. The report shall be submitted to me through email by the
group leader.
7. Deadline: May 18, 2020.

Be safe! Stay safe! ☺ SMRL

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