PROBLEM AREAS IN LEGAL ETHICS

Guide only: please read on all covered topics for CPR Canons 1022
The Lawyer and the Court
a. State the basic responsibilities of a lawyer to the Court
(CPR Rule 10-13)
b.
c.
d.
e.

May a lawyer criticize the Court? Why?

To whom does a lawyer owe his first and foremost duty?
State the effect of forum shopping.
State the effect of the willful filing of multiple frivolous
and baseless complaints.

Digest these cases concisely in your notebook:

-Henry Samonte vs Atty Gines Abellana, AC No. 3452, June 23,
2014
-Crisostomo et al v Atty. Nazareno, AC No. 6677, June 10, 2014
* Respect for Courts & Judicial Officers
- PO1 Jose B. Caspe v Atty. Aquilino Mejica, AC No. 10679, March
10, 2015
*Reliance on the merits of case & avoidance of impropriety which
tends to influence outcome of a case
- Jimenez v Verano, Jr/Atty. Lozano v Atty. Verano, AC NO. 8108/AC
No. 10299, June 15, 2014
* Misleading the Court, False Allegations in a Motion
-Elpidio Sy v Edgar Espinilla et al, AM NO. P-06-2261, December
11, 2013, Rule 10.01
The Lawyer and the Client
State the basic responsibilities of a Lawyer to his client
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Define: General appearance

Special appearance
-

State grounds for the withdrawal of counsel

Procedure in substitution of a lawyer
State Conflict of Interest rule; Test of CI
What is the rationale?
May a lawyer represent parties with conflicting positions in the
Rule absolute? Explain
- What is the duty of a lawyer who receives money for client?
- Describe the relationship between lawyer & his client.
- Effect of a lawyers acceptance of attorneys fees.
CASES:
*Candor fairness and loyalty to clients
- Daria O. Daging v Atty. Riz Tingalon-Davis, AC No. 9395,
November 12, 2014
-Caroline Castaeda Jimenez v Atty. Edgar Francisco, AC No.
10548, December 10, 2014
* Fidelity to client cause
Felipe Layos v Atty. Marlito Villanueva, AC No. 8085
December 1, 2014
* Competence & diligence
- Tan v Diamante, AC No. 7766, August 5, 2014
- Marilen Soliman v Atty. Ditas Lerios Amboy, AC No. 10568,
January 13, 2015
- Melody Nery v Atty. Glicerio Sampana, AC No. 101096,
September 9, 2014
- Reynaldo G. Ramirez v Atty. Mercedes Buhayang-Margallo, AC
No. 10537, February 3, 2015
- Jose Francisco Baens v Atty. Sempio/Almira Foronda v Atty. Jose
Alvarez, AC No. 9976, June 25, 2014
- Shirley Olayta-Camba v Atty. Otilio Sy Bangen, AC No. 8826,
March 25, 2015
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- Resurreccion et al v People of the Philippines, G. R. No. 192866,

July 9, 2014
* Lawyers failure to file brief violates responsibility of protecting
clients interest with utmost diligence
-Nestor Figueroa & Bienvenido Victoria, Jr. v Diosdado Jimenez, AC
No. 9116, March 12, 2014
* Clients Money & Properties
- Eduardo Maglente v Delfin Agcaoili, Jr., AC NO. 10672, March 18,
2015
- Rolando Viray v Atty. Eugenio T. Sanicas, AC No. 7337,
September 29, 2014
- Sps. Henry A. Concepcion and Blesida Concepcion v Atty. Elmer
dela Rosa, AC No. 10681, February 3, 2015
- Amado T. Dizon v Atty. Norlita de Taza, AC No. 7676, June 10,
2014
*Conflict of Interest
- Josephine Orola et al., vs Atty. Joseph Ador Ramos, AC No. 9860,
September 11, 2013
*Test in determining if a lawyer is guilty of conflict of interest.
-Dr. Teresita Lee v Atty. Amador Simando, AC No. 9537, June 10,
2013, CBD Care No. 09-2489
* Agreement to conduct investigation his own account and to
receive as the portion with the judgment champertous
contract
-The conjugal partnership of Sps. Vicente Cadavedo & Benita
Ansoy-Cadavedo & Benita Ancoy, Cadavedo v Victoribo
Lacasa, G. R. No. 173188, January 15, 2014.
* Forging Court Decision
- Atty. Oscar Embido v Atty. Salvador Pe, Jr., AC No. 6732, October
22, 2013

* Failure to Offer Exhibits believing it is fabricated and would be

rejected by the Courts
-Sps. George Warriner and Aurora Warrriner v Atty. Reni M. Dublin,
AC No. 239 NO. 18, 2013
* Filing of wrong case constitutes neglect in handling a case
-Jude an Penilla v Atty. Quintin Alcid, AC No. 9149, September 4,
2013
* Duty of Lawyer to attend clients case with competence whether
for a fee or not
-Ermelinda Lad Vda de Duminguez v Atty. Arnulfo Agleron Sr. Ac
No. 5359 March 10, 2014
* Lawyers Acts constituting outright deprivation of life, liberty or
property, exception to general rule
-Victorio Diaz v People * Levis Straus Philippines, G. R. No.
180677, February 18, 2013
*Attorneys Fees
- Augusto M. Aquino v Hon. Ismael, G. R. No. 191470, January 26,
2015

JUDICIAL ETHICS
Please read on these topics and the corresponding cases under them
and digest the cases listed hereunder in your notebooks.

The Bangalore Principles of Judicial Conduct 2002

Canons 1-3 New Code of Judicial Conduct for the Philippine Judiciary
(A.M. No. 03-05-01-SC June 1, 2004) together with all the pertinent
cases under each Canon

CASES:
1. Go vs CA GR NO 101837 February 11, 1992 (J. Gutierrez concurring
opinion)
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2. Concerned Boholanos For Law & Order vs. Judge Dionisio Caedo, Jr.
A.M. No. RTJ-01-1621, September 27, 2007;
3. In the matter of the Charges of Plagiarism vs. Associate Justice Mariano
del Castillo, A.M. No. 10-7-17-SC February 08, 2011;
4. Atty. Jacinto vs Judge Layosa et al. A.M. No. RTJ-02-1743 July 11, 2006;
5. Sison-Barias vs Judge Rubia, A.M. No. RTJ-14-2388, June 10, 2014;
6. Gaspar Bandoy vs Judge Jose Jacinto, Jr., A.M. No RTJ-14-2399
November 19, 2014;
7. Antonio S. Ascao, Jr. vs Judge Jacinto, Jr. A.M. No RTJ-15-2405, January
12, 2015;
8. Judges Masadao and Elizaga Re: Criminal Case No. 4954-M October 26,
1987;
9. Re: Allegations Made Under Oath At the Senate Blue Ribbon Committee
Hearing on September 26, 2013 Against Associate Justice Gregory S.
Ong, A.M. No. SB-14-21-J, September 23, 2014; and
10.
Ramiscal, Jr vs Hernandez, GR Nos. 173057-74, September 20,
2010).