Philippine Christian University

COLLEGE OF LAW
2nd Semester A.Y. 2019-2020
PROBLEM AREAS IN LEGAL ETHICS
ATTY. KAYZER ALDRIN Z. SABA
Certified Data Protection Officer
[email protected]

I. PRACTICE OF LAW
A. Concept
1. Coverage of Practice of Law
Case: Philippine Lawyer’s Association vs. Agrava (G.R. No. L-12426, February 16,
1959)
Cayetano vs. Monsod (G.R. No. 10113, 3 September 1991)
2. Concepts re. Practice of Law
Cases: Atty. Carmen Leonor Alcantara, et. al. vs. Atty. Eduardo de Vera (A.C. No.
5859, 23 November 2010)
Dominador Burbe vs. Atty. Alberto Magulta (AC No. 99-634, 10 June 2002)

B. Qualifications
1. Rule 138 (Rules of Court)
a. Who may practice law?
b. Requirements for all applicants for admission to the Bar
c. Additional Requirements for other applicants (A.M. No. 19-03-24-SC)
d. Bar Examinations
e. Admission and Oath
f. Roll of Attorneys
2. Bar Matter 1153
3. Continuing Requirements for Membership in the Bar
Cases: In the Matter of the Admission to the Bar and Oath-Taking of Successful Bar
Applicant Al C. Argosino (B.M. No. 712 July 13, 1995)
In Re: Petition for Leave to Resume Practice of Law, Benjamin Dacanay
(B.M. No. 1678, December 17, 2007)
Sophia Alawi vs. Ashary M. Alauya (A.M. No. SDC-97-2-P February 24,
1997)
Donna Marie S. Aguirre vs. Edwin Rana (Bar Matter No. 1036. June 10,
2003)
Adelita V. Llunar vs. Atty. Romulo Ricafort (A.C. No. 6484, June 16, 2015)
Patrick A. Coronan vs. Richard A. Coronan (A.C. No. 11316, July 12, 2016)

C. Appearance of Non-Lawyers
1. Rule 138-A
2. A.M. No. 19-03-24-SC
3. Non-Lawyers in Courts/Administrative Tribunal
4. Proceedings where lawyers are prohibited from appearing as counsel
Cases: Philippine Association of Free Labor Unions, et. al. vs. Binalbagan Isabela
Sugar Company (G.R. No. L-23959 November 29, 1971)
Ferdinand A. Cruz vs. Alberto Mina, et. al. (G.R. No. 154207,April 27, 2007)
Atty. Edita Noe Lacsamana vs. Atty. Yolando Busmente (A.C. No. 7269, 23
November 2011)
 5. Prohibited practice of non-lawyers and appearance without authority
Case: Dr. Domiciano Villahermosa Sr. vs. Atty. Isidro L. Caracol (A.C. No. 7325,
21 January 2015)
6. Public Officials and Practice of Law
Cases: People of the Philippines vs. Simplicio Villanueva (G.R. No. L-19450
May 27, 1965)
Query of Atty. Karen M. Silverio-Buffe re. Prohibition from engaging in
the Practice of Law (A.M. No. 08-6-352-RTC, August 19, 2009)
Sps. Lamberto Eustaquio and Gloria Eustaqio vs. Atty. Edgar Navales
(A.C. No. 10465, June 08, 2016)
Teresita P. Fajardo vs. Atty. Nicanor C. Alvarez (A.C. No. 9018, April
20, 2016)
7. The Lawyer’s Oath
Cases: Flordeliza A. Madria vs. Atty. Carlos P. Rivera (A.C. No. 11256, March
7, 2017)
Agustin Aboy Sr. vs. Atty. Leo B. Diocos (A.C. No. 9176, December 5,
2019)
Valentin C. Miranda vs. Atty. Macario D. Carpio (A.C. No. 6281.
January 15, 2020)

II. THE CODE OF PROFESSIONAL RESPONSIBILITY

A. Duties of the Lawyer to the Society

1. Canon 1-A lawyer shall uphold the constitution, obey the laws of the land,
and promote respect for law and legal processes
Cases: Erlinda Foster vs. Atty. Jaime V. Agtang (A.C. No. 10579, December 10,
2014)
Romulo D. Festin vs. Atty. Rolando V. Zubiri (A.C. No. 11600, June 19,
2017)
Norberto S. Collantes vs. Atty. Anselmo B. Mabuti (A.C. No. 9917,
January 14, 2019)
Larry C. Sevilla vs. Atty. Marcelo C. Millo (A.C. No. 10697, March 25,
2019)
2. Canon 2 - A lawyer shall make his legal services available in an efficient
and convenient manner compatible with the independence, integrity and
effectiveness of the profession
Cases: Jasfer Junno F. Rodica vs. Atty. Manuel M. Lazaro, et. al. (A.C. No. 9259,
August 23, 2012)
Pedro L. Linsangan vs. Atty. Nicomedes Tolentino (A.C. No. 6672,
September 4, 2009)
3. Canon 3 - A lawyer in making known his legal services shall use only true,
honest, fair, dignified and objective information or statement of facts
Cases: Julian Malonso vs. Atty. Pete Principe (A.C. No. 6289, December 16,
2004)
Fidela Bengco and Teresita Bengco vs. Atty. Pablo Bernardo (A.C. No.
6368, June 13, 2012)
Petition for Authority to continue the use of firm name “Sycip, Salazar,
Feliciano, Hernandez, and Castillo” (En Banc, July 30, 1979)
People of the Philippines vs. Bernie Fontabilla (Sandiganbayan Case, SB-
14-CRM-0011)
 Mauricio Ulep vs. The Legal Clinic, Inc. (Bar Matter No. 553 June 17,
1993)
4. Canon 4- A lawyer shall participate in the development of the legal
system by initiating or supporting efforts in law reform and in the
improvement of the administration of justice.
5. Canon 5- A lawyer shall keep abreast of legal developments, participate
in continuing legal education programs, support efforts to achieve high
standards in law schools as well as in the practical training of law students
and assist in disseminating the law and jurisprudence.
Case: Sps. David and Marissa Williams vs. Atty. Rudy T. Enriquez (A.C. No.
6353, February 27, 2006)
6. Canon 6- These canons shall apply to lawyers in government services in
the discharge of their tasks
Cases: Ronaldo C. Facturan vs. Prosecutor Alberto L. Barcelona Jr. (A.C. No.
11069, June 8, 2016)
Gisela Huyssen vs. Atty. Fred L. Gutierrez (A.C. No. 6707, March 24,
2006)
Atty. Rutillo B. Pasok vs. Atty. Felipe G. Zapatos (A.C. No. 7388,
October 19, 2016)

B. Duties of the Lawyer to the Legal Profession

1. Canon 7-A lawyer shall at all times uphold the integrity and dignity of
the legal profession and support the activities of the integrated bar
Cases: In the Matter of Disqualification of Bar Examinee Haron S. Meling (B.
M. No. 1154, June 8, 2004)
Republic of the Philippines vs. Ma. Lourdes Sereno (G.R. No. 237428,
May 11, 2018)
Maximo Noble III vs. Atty. Orlando O. Ailes (A.C. No. 10628, July 1,
2015)
Oliver Fabugais vs. Atty. Berardo C. Faundo, Jr. (A.C. No. 10145, June
11, 2018)
2. Canon 8- A lawyer shall conduct himself with courtesy, fairness and
candor towards his professional colleagues, and shall avoid harassing
tactics against opposing counsel.
Cases: Atty. Herminio Harry L. Roque, Jr. vs. Atty. Rizal P. Balbin (A.C. No.
7088, December 04, 2018)
Atty. Iluminada M. Vaflor-Pabloa vs. Atty. Oscar Paguinto (A.C. No.
6273, March 15, 2010)
Louisito N. Chua vs. Atty. Oscar A. Pascua (A.C. No. 10757, December
05, 2016)
Arlene o. Bautista vs. Atty. Zenaida Ferrer (A.C. No. 9057, July 3, 2019)
Pedro L. Linsangan vs. Atty. Nicomedes Tolentino (A.C. No. 6672
September 4, 2009)
The Law Firm of Chavez, Miranda, Aseoche vs. Attys. Restituto Lazaro
and Rodel Morta (A.C. No. 7045, September 05, 2016)
3. Canon 9- A lawyer shall not, directly or indirectly, assist in the
unauthorized practice of law.
Cases: Carlito Ang vs. Atty. James Joseph Gupana (A.C. No. 4545,
February 5, 2014)
 Dr. Basilio Malvar vs. Atty. Cora Jane P. Baleros (A.C. No. 11346,
March 08, 2017)
Helen Gradiola vs. Atty. Romulo A. Deles (A.C. No. 10267, June 18,
2018)
Luzviminda C. Lijauco vs. Atty. Rogelio P. Terrado (A.C. No. 6317,
August 31, 2006)
Engr. Gilbert Tumbokon vs. Atty. Mariano R. Pefianco (A.C. No. 6116
August 1, 2012)

C. Duties of Lawyer to the courts

1. Canon 10 - A lawyer owes candor, fairness and good faith to the court
Cases: Joy T. Samonte vs. Atty. Vivencio V. Jumamil (A.C. No. 11668, July 17,
2017)
Judge Ariel Florentino R. Dumlao, Jr. vs. Atty. Manuel N. Camacho
(A.C. No. 10498, September 04, 2018)
Ret. Judge Virgilio Alpajora vs. Atty. Ronaldo Antonio V. Calayan (A.C.
No. 8208, January 10, 2018)
Romulo D. Festin vs. Atty. Rolando V. Zubiri (A.C. No. 11600, June 19,
2017)
2. Canon 11 - A lawyer shall observe and maintain the respect due to the
courts and to judicial officers and should insist on similar conduct by
others
Cases: Show cause order in the Decision dated May 11, 2018 in G.R. no. 237428
(A.M. No. 18-06-01-sc, July 17, 2018)
Henry Samonte vs. Atty. Gines Abellana (A.C. No. 3452, June 23, 2014)
Judge Rene B. Baculi vs. Atty. Melchor A. Battung (A.C. No. 8920
September 28, 2011)
Ret. Judge Virgilio Alpajora vs. Atty. Ronaldo Antonio V. Calayan (A.C.
No. 8208, January 10, 2018)
Eduardo R. Balaoing vs. Judge Leopoldo Calderon (A.M. No. RTJ-90-580.
April 27, 1993)
3. Canon 12- A lawyer shall exert every effort and consider it his duty to
assist in the speedy and efficient administration of justice
Case: Avida Land Corporation vs. Atty. Al C. Argosino (A.C. No. 7437,
August 17, 2016)
4. Canon 13- A lawyer shall rely upon the merits of his cause and refrain
from any impropriety which tends to influence, or gives the appearance
of influencing the court
Cases: Judge Ariel Florentino R. Dumlao, Jr. vs. Atty. Manuel N. Camacho
(A.C. No. 10498, September 04, 2018)
Leticia Gonzales vs. Atty. Marcelino Cabucana (A.C. No. 6836
January 23, 2006)
Show cause order in the Decision dated May 11, 2018 in G.R. no. 237428
(A.M. No. 18-06-01-sc, July 17, 2018)

D. The Lawyer and the Client

1. Canon 14- A lawyer shall not refuse his services to the needy.
Cases: Maria Gina L. Francisco, et. al. vs. Atty. Jaime Juanito P. Portugal (A.C.
No. 6155, March 14, 2006)
A.M. No. 08-11-7-SC, August 28, 2009
 Reynaldo G. Ramirez vs. Atty. Mercedes Buhayang-Margallo (A.C. No.
10537, February 3, 2015).
2. Canon 15- A lawyer shall observe candor, fairness and loyalty in all his
dealings and transactions with his clients.
Cases: Rafael Padilla vs. Atty. Glenn Samson (A.C. No. 10253, August 22,
2017)
Pia Marie B. Go vs. Atty. Grace C. Buri (A.C. No. 12296, December 04,
2018)
Robert Victor G. Seares, Jr. vs. Atty. Saniata Liwliwa V. Gonzales-
Alzate (A.C. No. 9058, November 14, 2012)
Rosa F. Mercado vs. Atty. Julito D. Vitriolo (A.C. No. 5108, May 26,
2005)
Ariel G. Palacios vs. Atty. Bienvenido Braullio M. Amora, Jr. (A.C. No.
11504, August 1, 2017)
Buenavista Properties, Inc. vs. Atty. Amado B. Deloria (A.C. No. 12160,
August 14, 2018)
Gabino and Flordeliza Tolentino vs. Atty. Henry B. So (A.C. No. 6387,
July 19, 2016)
Gene M. Domingo vs. Atty. Anastacio E. Revilla, Jr. (A.C. No. 5473, 23
January 2018)
Mauricio Ulep vs. The Legal Clinic, Inc. (Bar Matter No. 553 June 17,
1993)
3. Canon 16- A lawyer shall hold in trust all moneys and properties of his
client that may come into his profession.
Cases: Joselito C. Caballero vs. Atty. Arlene G. Pilapil (A.C. No. 7075, January
22, 2020)
Gregorio V. Capinpin vs. Atty. Estanislao L. Cesa, Jr. (A.C. No. 6933,
July 5, 2017)
Emilia O. Dhaliwal vs. Atty. Aberlardo B. Dumaguing (A.C. No. 9390
August 1, 2012)
Erlinda Foster vs. Atty. Jaime V. Agtang (A.C. No. 10579
December 10, 2014)
Adelita B. Llunar vs. Atty. Romulo Ricafort (A.C. No. 6484, June 16,
2015)
4. Canon 17- A lawyer owes fidelity to the cause of his client and he shall be
mindful of the trust and confidence reposed in him.
5. Canon 18- A lawyer shall serve his client with competence and diligence.
Cases: Anita Santos Murray vs. Atty. Felicito J. Cervantes (A.C. No. 5408,
February 7, 2017)
Aurora Aguilar-Dyquiangco vs. Atty. Diana Lynn M. Arellano (A.C.
No. 10541, July 12, 2016)
Vivian Villanueva vs. Atty. Cornelius M. Gonzales (A.C. No. 7657,
February 12, 2008)
6. Canon 19- A lawyer shall represent his client with zeal within the bounds
of the law.
Cases: Jose Rivera vs. Atty. Napoleon Corral (A.C. No. 3548, July 4, 2002)
Geronimo J. Jimeno, Jr. vs. Atty. Floredeliza M. Jimeno (A.C. No. 12012,
July 02, 2018)
7. Canon 20- A lawyer shall charge only fair and reasonable fees.
 Cases: Sps. Emilio and Alicia Jacinto vs. Atty. Emelie P. Bangot, Jr. (A.C. No.
8494, October 05, 2016)
Ariel G. Palacios vs. Atty. Bienvenido Braullio M. Amora, Jr. (A.C. No.
11504, August 1, 2017)
8. Canon 21- A lawyer shall preserve the confidence and secrets of his client
even after the attorney-client relation is terminated.
Cases: Atty. Carmen Leonor Alcantara, et. al. vs. Atty. Eduardo de Vera (A.C.
No. 5859, 23 November 2010)
Caroline Jimenez vs. Atty. Edgar B. Francisco (A.C. No. 10548,
December 10, 2014)
9. Canon 22- A lawyer shall withdraw his services only for good cause and
upon notice appropriate in the circumstances.
Cases: Angelito C. Orcino vs. Atty. Josue Gaspar (A.C. No. 3773. September 24,
1997)
Jun B. Luna vs. Atty. Dwight M. Galarrita (A.C. No. 10662, July 7,
2015).
10. Attorney’s Fees
a. Acceptance Fees
b. Contingency Fees
c. Attorney’s Liens
d. Fees and Controversies with the client
e. Quantum Meruit
Case: Jocelyn Ignacio vs. Atty. Daniel T. Alviar (A.C. No. 11482, July 17,
2017)

III. SUSPENSION, DISBARMENT, AND DISCIPLINE OF LAWYERS

A. Nature and characteristics of proceedings against lawyers
1. Nature of Proceedings
2. Quantum of Evidence
Case: Atty. Pedro B. Aguirre vs. Atty. Crispin T. Reyes (A.C. No. 4355. January
8, 2020)
3. Grounds for Disciplinary Action-Rule 138, Sec. 27
a. Deceit
Case: Selwyn F. Lao vs. Atty. Robert W. Medel (A.C. No. 5916. July 1,
2003)
b. Malpractice
Case: Evelyn T. Goopio vs. Atty. Ariel D. Maglalang (A.C. No. 10555, July
31, 2018)
c. Gross Misconduct
Cases: PO1 Jose B. Caspe vs. Atty. Aquilino Mejica (A.C. No. 10679, March
10, 2015)
Atty. Jacinto C. Gonzales vs. Maila Clemen F. Serrano (G.R. No.
175433, March 11, 2015)
Akira Yoshimura vs. Atty. Bernie Panagsagan (A.C. No. 10962,
September 11, 2018)
AAA vs. Atty. Antonio N. Delos Reyes (A.C. No. 10021, September
18, 2018)
Palalan CARP Farmers Multi-Purpose Cooperative, represented by
Beverly Domo, vs. Atty. Elmer A. Dela Rosa (A.C. No. 12008,
August 14, 2019)
 d. Gross Immoral Conduct
Cases: Gizale O. Tumbaga vs. Atty. Manuel N. Teoxon (A.C. No. 5573,
November 21, 2017)
AAA vs. Atty. Antonio N. Delos Reyes (A.C. No. 10021, September
18, 2018)
e. Conviction of a crime involving moral turpitude
Cases: Re: Decision dated 17 March 2011 in Criminal Case no. SB-28361
entitled "People of the Philippines vs. Joselito C. Barrozo (A.C. No.
10207, July 21, 2015)
Alex Nulada vs. Atty. Orlando S. Paulma (A.C. No. 8172, April 12,
2016)
f. Violation of Oath
Cases: Bienvenida Flor Suarez vs. Atty. Elenora A. Maravilla-Ona (A.C.
No. 11064, September 27, 2016)
Gene M. Domingo vs. Atty. Anastacio E. Revilla, Jr. (A.C. No. 5473,
23 January 2018)
g. Appearing as attorney without authority
Case: Evelyn T. Goopio vs. Atty. Ariel D. Maglalang (A.C. No. 10555, July
31, 2018)
4. Proceedings
a. Rule 139-B, Rules of Court
Case: Atty. Rosita L. Dela Fuente vs. Atty. Bayani P. Dalangin (A.C. No.
10758, December 5, 2017)
5. Recoverable Amounts
Case: HDI Holdings Philippines, Inc. vs. Atty. Emmanuel N. Cruz (A.C. No.
11724, July 31, 2018)

B. Readmission to the Bar

1. Lawyers who have been suspended
Cases: Ligaya Maniago vs. Atty. Lourdes I. De Dios (A.C. No. 7472,
March 30, 2010)
Pilar Ibana-Andrade vs. Atty. Eva Paita-Moya (A.C. No. 8313, July 14,
2015)
J.K. Mercado & Sons Agricultural Ent., Inc. vs. Eduardo De Vera, et al.
(A.C. No. 3066. July 12, 2000. Please see also October 25, 2000
Resolution in the same case)
Hon. Hector B. Barillo vs. Hon. Ralph Lantion, Hon. Mehol K. Sadain,
and Hon. Florentino A. Tuason, Jr. (G.R. No. 159117 and A.M. No. MTJ-
10-1752, March 10, 2010)
OCA Circular 44-2014
2. Lawyers who have been disbarred
Cases: Conrado N. Que vs. Atty. Anastacio E. Revilla, Jr. (A.C. No.7054,
November 11, 2014)
In Re: Petition for Reinstatement of Atty. Rolando S. Torres (A.C. No.
5161, July 11, 2017)

IV. MANDATORY CONTINUING LEGAL EDUCATION

A. Bar Matter No. 850
B. MCLE Governing Board Order No. 1, Series of 2008
 Case: Elibena A. Cabiles vs. Atty. Leandro S. Cedo (A.C. No. 10245, August 16,
2017)

V. NOTARIAL PRACTICE (A.M. No. 02-8-13-SC)

A. Qualifications of a Notary Public
B. Term of Office
C. Powers and Limitations
D. Notarial Register
E. Jurisdiction
F. Competent Evidence of Identity
G. Sanctions
Case: Judge Lily Laquindanum vs. Atty. Nestor Q. Quintana (A.C. No. 7036
June 29, 2009)
Dr. Basilio Malvar vs. Atty. Cora Jane P. Baleros (A.C. No. 11346, March 8,
2017)
Jean Marie S. Boers vs. Atty. Romeo Calubaquib (A.C. No. 10562, August 1,
2017)
Romeo A. Almario vs. Atty. Dominica Llera-Agno (A.C. No. 10689, January
8, 2018)
Norberto S. Collantes vs. Atty. Anselmo B. Mabuti (A.C. No. 9917, January
14, 2019)
Carmelo Iringan vs. Atty. Clayton B. Gumangan (A.C. No. 8574, August 16,
2017)

VI. JUDICIAL ETHICS

A. Sources
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore
Draft)
2. Code of Judicial Conduct
Cases: Gary P. Rosauro vs. Judge Wenceslao Villanueva (A.M. No. RTJ-99-
1433. June 26, 2000)
Dorothy Fe Mah-Arevalo vs. Judge Celso L. Mantua (A.M. No. RTJ-13-
2360, November 19, 2014)
Antonio M. Lorenzana vs. Judge Maria Cecilia I. Austria (A.M. No. RTJ-
09-2200, April 2, 2014)
Victoriano Sy. Vs. Judge Oscar Dinopol (A.M. No. RTJ-09-2189, 18
January 2011)
Office of the Court Administrator vs. Judge Joseph Cedrick O. Ruiz (A.M.
No. RTJ-13-2361, February 02, 2016)
Department of Justice vs. Judge Rolando Mislang (A.M. No. RTJ-14-
2369, July 26, 2016)
Extra Excel International Philippines, Inc. vs. Judge Afable O. Caringal
(A.M. No. RTJ-18-2523, June 6, 2018)
Boston Finance and Investment Corporation vs. Judge Candelario V.
Gonzales (A.M. No. RTJ-18-2520, October 9, 2018)
Freddie J. Farres vs. Judge Edgardo B. Diaz de Rivera (A.M. No. RTJ-16-
2462. October 14, 2019)

B. Disqualification of Judicial Officers (Rule 137)

1. Voluntary
 2. Compulsory
Case: B. Gen. Jose S. Ramiscal, Jr. vs. Hon. Jose R. Hernandez (G.R. Nos.
173057-74, September 20, 2010)
Jhun Ann P. Viras vs. Hon. Crisostomo J. Danguilan (OCA IPI No. 18-
4828-RTJ. January 15, 2020)

C. Administrative Jurisdiction of Supreme Court over all judges and justices

Case: Freddie J. Farres vs. Judge Edgardo B. Diaz de Rivera (A.M. No. RTJ-
16-2462. October 14, 2019)
Office of the Court Administrator vs. Judge Ofelia Tuazon-Pinto (A.M.
No. RTJ-10-2250. October 15, 2019)

References:

Agpalo, Ruben E. Legal and Judicial Ethics. Manila: Rex Book Store, 2009.
Aguirre, Vyva Victoria M. Reviewer in Legal and Judicial Ethics. Manila: Rex Book Store,
2019.
Dizon, Theresa M. Updates in Legal Ethics. Manila: Rex Book Store, 2015.