PROBLEM AREAS IN LEGAL ETHICS

SYLLABUS WITH CASES

Second Semester, School Year 2018-2019

A. Practice of Law (Rule 138)

1. Concept

a. Definition of the practice of law

 People vs. Villanueva, 14 SCRA 111
 Ulep vs. Legal Clinic, Inc., 223 SCRA 378
 Cayetano vs. Monsod, 201 SCRA 210

b. Practice of law is a privilege, not a right

 Abella vs. Barrios, Jr., A.C. No. 7332, June 18, 2013
 Dumadag vs. Lumaya A.C. No, June 29, 2000
 Adez Realty, Incorporated vs. Court of Appeals, G.R. No. 100643, December 12,
1995, 251 SCRA 201, 205; citing Zaldivar v. Sandiganbayan, G.R. Nos. 79690-707 &
80578, April 7, 1993, 221 SCRA 132.
 A.C. No. 6942, July 17, 2013 - Sonic Steel Industries, Inc. vs. ATTY. Nonnatus P.
Chua
 PCGG vs. SB, et al., G.R. No. 151809-12, April 12, 2005

c. Law as a profession, not a business or trade

 IN RE: Luis B. Tagorda, 53 PHIL 37, March 23, 1929
 Burbe vs. Magulta A.C No. 5713, June 10, 2002

d. Requirements for before a person may practice of law

i. Pass the Bar Examinition
ii. Take the Lawyer’s Oath
 B.M. No. 44 November 29, 1983 - Eufrosina Yap Tan vs. Nicolas El.
Sabandal
 IN RE: Al C. Argosino 246 SCRA 14 (1995)
 IN RE: Arthur Cuevas, 285 SCRA 59
 In Re: Petition to Take the Bar Matter No. 1209 Lawyer's Oath, Caesar Z.
Distrito
 B.M. No. 135 January 29, 1987 - IN RE: SOCORRO KE. LADRERA

iii. Sign in the Roll of Attorneys

 B.M. No. 2540, September 24, 2013 - IN RE: Petition to Sign in the Roll of
Attorneys Michael A. Medado
 Aguirre vs. Rana, 403 SCRA 342 (2003)

2. Qualifications for admission to the Bar Section 2, 5 and 6, Rule 138

a. Bar Matter No. 1153, amending Sections 5 and 6 of Rule 138

  IN RE: Application of Adriano Hernandez to take the 1993 Bar Examination, 225
SCRA, July 27, 1993
 IN RE: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar
Examinations through Amendments to Rule 138 of the Rules of Court, March 9,
2010

3. Continuing requirements for membership in the bar

a. Good moral character
b. Citizenship
i. Reacquisition of the privilege to practice law in the Philippines under R.A. No.
9225 the Citizenship Retention and Reacquisition Act of 2003
 [B.M. NO. 1678 : December 17, 2007] PETITION FOR LEAVE TO RESUME
PRACTICE OF LAW, BENJAMIN M. DACANAY

4. Appearance of Non-Lawyers
a. Law student practice rule (Rule 138-A)
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals
d. Proceedings where lawyers are prohibited from appearing as counsels

5. Sanctions for practice or appearance without authority

a. Lawyers without authority
b. Persons who are not lawyers

6. Public officials and the practice of law

a. Prohibition or disqualification of former government attorneys
b. Public officials who cannot practice law or can practice law with restrictions

7. Lawyers who are authorized to represent government

8. Lawyer’s Oath (MEMORIZE)