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Basic Legal Ethics_course Outline

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  LAW027M BASIC LEGAL ETHICS 2 nd  Semester 2018 Prof. Vyva Victoria M. Aguirre Requirements/Breakdown of Grades : Recitations/Quizzes: 20% Digests: 10% Mid Terms: 30% Finals: 40% Rules: 1.   No make-up for quizzes. Unannounced quizzes will be given from time to time on assigned readings. 2.   Make-up for Mid-Terms and Finals only for absences with valid reasons, determination of which will depend on the instructor’s discretion and  evidence of which must be duly presented. 3.   Use of gadgets (laptops, netbooks, i-pads, cell phones, etc.) is not allowed during class. Cellphones must be off or on silent mode. 4.   For recitations, while glancing at handwritten notes is permissible, students must not read while reciting. Photocopied materials may likewise not be used for this purpose. 5.   Honesty is expected at all times. Intellectual dishonesty in whatever form (e.g., cheating in examinations and tests, plagiarism, etc.) will be severely dealt with. The instructor reserves the right to fail students caught committing acts of dishonesty, without prejudice to the filing of disciplinary action against them. COURSE OUTLINE I. Introduction to Legal Ethics Legal practice as profession Practice of law as public service II. Practice of Law Constitution, VIII, sec.5(5) Attorney’s Oath –  Rules of Court, Form 26. In re Cunanan,  March 18, 1954 (94 Phil. 534)  In the Matter of the Integration of the Integrated Bar of the Philippines , January 9, 1973 Cayetano v. Monsod  , G.R. No. 100113, Sept 3, 1991 Ulep v. The Legal Clinic , Bar Matter No. 553, June 17, 1993 III. Legal Ethics: Code of Professional Responsibility A. The Lawyer and Society Canon 1 - Duty to uphold the Constitution and Obey the Law Brion, Jr. v. Brillantes, Jr  ., Adm. Case No. 5305, March 17, 2003 Bautista v. Gonzales , Adm. Matter No. 1625, February 12, 1990 Feliciano v. Bautista-Lozada , Adm. Case No. 7593, March 11, 2015 Unlawful, Dishonest & Immoral Conduct  Arciga v. Maniwang , Adm. Case No. 1608, August 14, 1981  Zaguirre v. Castillo , Adm. Case No. 4921, March 6, 2003 Cordova v. Cordova , Adm. Case No. 3249, November 29, 1989 Crimes involving moral turpitude People v. Tuanda , Adm. Case No. 3360, January 30, 1989 In re Al Argosino , B.M. 712, July 13, 1995; March 19, 1997 Re: Sc Decision Dated May 20, 2008 In G.R. No. 161455 Under Rule 139-B of the Rules of Court, v. Atty. Rodolfo D. Pactolin , Adm. Case No. 7940. April 24, 2012   2 Teves v. COMELEC, G.R. No. 180363, 04-28-2009  [only for enumeration of crimes involving moral turpitude]  Effect of Executive Pardon In re Lontok  , 43 Phil. 293 (1922) In re Vailoces , Adm. Case No. 439, September 30, 1982 In re Rovero , Adm. Case No. 126, December 29, 1980 In re Gutierrez , Adm. Case No. 363, July 31, 1962 Non-Professional Misconduct Lizaso v. Amante , Adm. Case No. 2019, June 3, 1991 Toledo v. Abalos , Adm. Case No. 5141, September 29, 1999 Sebastian v. Calis , Adm. Case No. 5118, September 9, 1999 Duty to overcome evidence of wrong-doing Reyes v. Gaa , Adm. Matter No. 1048, July 14, 1995 Duties of Notaries Public Nadayag v. Grageda, Adm. Case No. 3232, September 27, 1994 Nunga v. Viray  , Adm. Case No. 4758, April 30, 1999 Villarin, et al. v. Sabate, Jr., Adm. Case No. 3324, February 9, 2000 Isenhardt v. Real  , Adm. Case No. 8254, February 15, 2012 Imson-Souweha v. Rondez, Adm. Case No. 3961, September 18, 1997 Counselling/ Abetting Illegal Activities Donton v. Tansingco,  Adm. Case No. 6057, June 27, 2006 Oronce v. CA , G.R. No. 125766. October 19, 1998 Guarin v. Limpin , Adm. Case No. 10576, January 14, 2015 Coronel v. Cunanan , Adm. Case No. 6738 , August 12, 2015 Delaying any man’s cause for any corrupt motive or interest   De Los Santos II v. Barbosa, A.C. No. 6681. June 17, 2015 Avoiding Controversy, Encouraging Settlement Castañeda vs, Ago , G.R. No. 28546, July 30, 1975 De Ysasi III v. NLRC  , G.R. No. 104599, March 11, 1994   3 Canon 2  –  Legal Services Compatible with Independence, Integrity of Profession Cause of defenseless & oppressed IBP Guidelines, Art.1, sec.1. Public Service Rep. Act No. 9999 A.M. No. 17-03-09-SC, Rule on Community Legal Aid Service Ledesma v. Climaco , G.R. No. L-23815. June 28, 1974 Re: Request of National Committee on Legal Aid To Exempt Legal Aid Clients From Paying Filing, Docket and Other Fees , Adm. Matter No. 08-11-7-SC. August 28, 2009. Soliciting legal business In re Tagorda , 53 Phil. 37 (1929) Linsangan v. Tolentino , Adm.Case No. 6672. September 4, 2009 Canon 3  –  Making Known Legal Services: Fair, dignified, objective information Dacanay v. Baker & McKenzie , Adm. Case No. 2131, May 10, 1985 Canon 4 — 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 . Canon 5  –  Keep Abreast of Legal Developments   People v. Gacott  , G.R. No. 116049, March 20, 1995 Payod v. Metila , Adm. Case No. 3944. July 27, 2007 Sanchez v. Aguilos , Adm. Case No. 10543, March 16, 2016 Mandatory Continuing Legal Education , Agpalo, Appendix F Cabiles v. Cedo, Adm. Case No. 10245, August 16, 2017 Canon 6  –  Lawyers in Government Service Collantes v. Renomeron, Adm. Case No. 3056, August 16, 1991 Pimentel v. Llorente, et al., Adm. Case No. 4680, August 29, 2000 Berenguer-Landers v. Florin,  Adm. Case No. 5119, April 17, 2013 Suarez v. Platon,  69 Phil. 556 (1940) Misamin v. San Juan,  Adm. Case No. 1418, August 31, 1976 Lahm v. Mayor, Adm.Case No. 7430. February 15, 2012 After Leaving Government Service  PCGG v. Sandiganbayan, et al. , G.R. Nos. 151809-12. April 12, 2005 Pasok v. Zapatos , Adm. Case No. 7388, October 19, 2016   4 B. The Lawyer and the Legal Profession Canon 7  –  Upholding the Integrity of the Legal Profession; Support of IBP Activities The Integrated Bar of the Philippines Re 1989 Elections of the Integrated Bar of the Philippines , Bar Matter No. 491, October 6, 1989 In the Matter of the Brewing Controversies in the Election in the Integrated Bar of the Philippines,  Adm. Matter No.   09-5-2-SC. December 14, 2010 Santos, Jr. v. Llamas , Adm. Case No. 4749, January 20, 2000 Knowingly making false statement in application for admission to the bar Leda v. Tabang , Adm. Case No. 2505, February 21, 1992 In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations and for Disciplinary Action as Member of the Philippine Shari'a Bar, Atty. Froilan R. Melendrez , Bar Matter No. 1154, June 8, 2004 Integrity of the Bar  In re Parazo , G.R. No. 120348. December 3, 1948 Conduct affecting fitness to practice law; Requisite of good moral character Tapucar v. Tapucar  , Adm. Case No. 4148, July 30, 1998 Victory v. Mercado , A.C. No. 10580, July 12, 2017   Canon 8  –  Courtesy, Fairness & Candor Toward Colleagues Bugaring v. Español, G.R. No. 133090, January 19, 2001 Noble III v. Ailes , Adm. Case No. 10628 (Resolution), July 1, 2015 Buenviaje v. Magdamo , A.C. No. 11616, August 23, 2017 Encroachment on Professional Employment of Another Camacho v. Pangulayan, et al.,  Adm. Case No. 4807, March 22, 2000 In re Clemente M. Soriano , G.R. No. 24114, June 30, 1970 Canon 9 - Assisting in Unauthorized Practice of Law Bonifacio v. Era, A.C. No. 11754, October 3, 2017  Alawi v. Alauya, , Adm. Matter SDC-97-2-P, February 24, 1997 Five J Taxi v. NLRC, G.R. No. 111474, August 22, 1994 Heirs of Carlos v. Linsangan, A.C. No. 11494, July 24, 2017   

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Aug 3, 2018
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