ETHICS LECTURE Canon 7-13 Lecture
ETHICS LECTURE Canon 7-13 Lecture
Canon 7-13
Canon 7: Duty to uphold the integrity and dignity of the legal profession and support the
Integrated Bar
- As such, a lawyer shall:
o Be answerable for information he submitted for his admission to the bar
o Support only qualified applicants for admission to the bar
o Be professional and dignified, in his public or private life
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.
Maintenance of a high standard of legal proficiency and fair dealing is a
prerequisite to making the bar an effective instrument in the proper
administration of justice.
It is necessary that lawyers strive to uphold the honor and maintain dignity of
the profession and to improve the law and the administration of justice.
The respect of the public to the legal profession is enhanced by the faithful
performance of the lawyer’s duties to the court, to society, to his brethren in
the profession, and to his client.
Such respect is diminished whenever a member betrays the trust and
confidence reposed in him by his client.
Public confidence in law and lawyers may be eroded by the irresponsible and
improper conduct of a member of the bar.
Thus, every lawyer should act in a manner that would promote public
confidence in the integrity of the profession.
A lawyer should also involve in and actively support the activities of the IBP.
A person shall make no false statement in his application for admission to the bar
Rule 7.01. A lawyer shall be answerable for knowingly making a false
statement or suppressing a material fact in connection with his application
for admission to the bar.
Observance of the duties and responsibilities of a lawyer begins even as a law
student. A student’s failure to live up to them may be a ground for SC to refuse
admission to practice or for disbarment should SC learn later on about
his/her transgressions.
A person seeking to be admitted to the bar must show that he has all the
qualifications and none of the disqualifications prescribed by law.
o However, mere intimacy between man and woman either of whom possess
no legal impediment to marry, voluntarily carried on and devoid of any
deceit on the part of the lawyer, is not corrupt or unprincipled to warrant
disciplinary action as member of the bar. Even if the relationship results in
the woman giving birth to a child so long as he admits paternity and agrees
to support the child.
Cohabitation per se is not grossly immoral.
o Whether a lawyer’s sexual congress with a woman not his wife
should be characterized as grossly immoral will depend upon the
surrounding circumstances.
Even if the evidence is not sufficient to hold a lawyer liable for gross
immorality, may nonetheless be reprimanded where such evidence shows
failure on his part to comply with the rigorous standards of conduct.
Generally
Membership in the bar imposes upon lawyers certain obligations to one
another.
What makes the practice of law a profession:
o Observance of honorable, candid, and courteous dealings with other
lawyers.
o Fidelity to known and recognized customs and practices of the bar.
Canon 10: Duty of candor, fairness and good faith to the courts
- As such, a lawyer shall:
o Be truthful and be a minister of truth specially in his dealings with the
court
o Give accurate quotes and citations; and
o Use the rules of procedure to achieve justice
Canon 10. A Lawyer owes candor, fairness and good faith to the Court.
- He is an officer of the court exercising a privilege, which is indispensable in the
administration of justice.
- If he were to act other than candidly, fairly, and truthfully, the administration of
justice will suffer as a result thereby.
- Supreme Court aptly underscored reasons:
o He is an officer of the court exercising privileges indispensable to the
administration of justice.
o Courts are entitled to expect only complete honesty from lawyers
appearing before them.
o Like the court itself, he is an instrument to advance its ends – the speedy,
efficient, and impartial adjudication of cases.
- It is thus unprofessional to deal other than candidly with the facts in taking
statements of witnesses, in drawing affidavits, and other documents, and in the
presentation of causes.
- A lawyer, however, though an officer of the court, is not an umpire but an
advocate.
- His personal belief in the soundness of his cause or of the authorities supporting
it is irrelevant.
Rule 10.01. A lawyer shall not do any falsehood, nor consent to the doing of any in
Court, nor shall he mislead or allow the Court to be misled by an artifice.
- He swore, upon his admission to the practice, that will do no falsehood and
conduct himself according to the best of his knowledge and discretion with all
good fidelity to the court and to his client; never to seek to mislead the courts by
an artifice or false statement of fact or law.
- The oath embodies the fundamental duties of a lawyer, which he must honor as
there would be a great detriment to, if not a failure of, the administration of
justice if courts could not rely on the representations of the lawyers in the
handling of their cases.
- A lawyer should not conceal the truth from the court, nor mislead the court in any
manner no matter how demanding his duties to his client may be.
- No client is entitled to receive from the lawyer any service involving dishonesty to
the courts.
- A lawyers should neither endeavor by dishonest means to mislead the court or
the adverse party nor make false allegations in a pleading.
- It is improper for counsel of the accused to ask him to plead guilty to an offense
which counsel knows his client did not commit.
Rule 10.02. A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not been proved.
- A lawyer who deliberately made it appear that the quotations in his motion for
reconsideration were findings of the Supreme Court, when they were just part of
the memorandum of the Court Administrator, and who misspelled the name of
the complainant and made the wrong citation of authority.
- In signing the Court’s decisions, it is the bounden duty of courts, judges, and
lawyers to reproduce or copy the same word for word and punctuation mark by
punctuation mark.
- Only from the Supreme Court’s rulings do all other courts, as well as lawyers and
litigants, take their bearing.
- New Civil Code, Article 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the Philippines.
- Thus, ever present is the danger that if not faithfully and exactly quoted, the
decisions and rulings of the Supreme Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers, and the public who may be
misled.
- If inferior courts and members of the bar meticulously check and recheck their
citations of authorities, appellate courts will be precluded from acting on
misinformation and save precious time in finding out whether the citations are
correct.
Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
- Rules of procedure offer innumerable opportunities and means for delay and to
defeat the ends of justice.
- Procedural rules are instruments in the speedy and efficient administration of
justice. They should be used to achieve such end and not to derail it.
- Filing of multiple petitions constitutes abuse of the court’s processes.
- He should not use his knowledge of law as an instrument to harass a party.
- While a lawyer owes fidelity to the cause of his client, it should not be at the
expense of truth and administration of justice.
- A judicious study of the facts and the law should advise him when a case should
not be filed, as it would only clutter the dockets.
Canon 11. A lawyer shall observe and maintain the respect due to the courts and
judicial officers and should insist on similar conduct by others.
- This canon should constantly remind lawyers that second only to the duty of
maintaining allegiance to the Republic, and to support the Constitution, and obey
the laws of the land, it is the duty of all attorneys to observe and maintain the
respect due to the courts of justice and judicial officers.
- Respect of courts helps build the high esteem and regard toward them, which is
essential to the proper administration of justice.
- A lawyer violates Canon 11 of the code when:
o He threatens the judge with the filing of an administrative charge if his
motion is not granted.
o Berating the researcher of the court in his pleading is disrespectful to the
court itself.
o A lawyer who openly defied the temporary restraining order issued by the
Court of Appeals.
- Lawyers are particularly called upon to obey court orders and processes. They
should stand foremost in complying with the court’s directives and instructions.
- Disrespect to judicial incumbents is disrespect to that branch of the government
to which they belong as well as to the State which has instituted the judicial
system.
- It may happen that counsel possesses greater knowledge of the law than the judge
who presides. It may also happen that since no court claims infallibility, judges
may grossly err in their decisions. Nevertheless, discipline and self-restraint on
the part of the members of the bar even under these adverse conditions are
necessary to the orderly administration of justice.
- Obedience to lawful orders of the court is underscored by the fact that a willful
disregard thereof may subject the lawyer not only to punishment for contempt
but to disciplinary action as an officer of the court.
- The word “willful” conveys the idea of flagrant misconduct such as would indicate
a disposition on the part of a lawyer so refractory in character as to affect his
qualifications and standing for the further exercise of his profession.
- A lawyer who gives a clearly unsatisfactory explanation as to why he failed to
comply with a lawful order commits an act within the meaning of the term
“willful disobedience”
- The duty to observe and maintain respect is not a one-way duty from a lawyer to
a judge. A judge should also be courteous to counsel, especially those who are
young and inexperienced.
- As an officer of the court, a lawyer should uphold the dignity and authority of the
court and not promote distrust in the administration of justice (Canon 10).
- He should seek to preserve faith in the courts and help build and not destroy the
high esteem and regard toward them.
- He should prevent anybody from harboring and encouraging discontent.
- A judge may commit errors, he may abuse his discretion in the resolution of
issues before him.
- They do not, however, justify a lawyer to “attribute to a Judge, motives not
supported by the record or have no materiality to the case.” (Rule 11.04).
- He should not make hasty accusation against the judge without any cogent and
valid ground existing in the record.
- The rule allows criticism so long as it is supported by the record or is material to
the case.
- His right to criticize the acts of courts and judges in a proper and respectful way
and through legitimate channels is well recognized.
o The duty to support the judge does not, however, preclude a lawyer from filing
administrative complaints against erring judges.
o Rule 11.05. A lawyer shall submit grievances against a Judge to the proper
authorities only.
o That they be filed with the Supreme Court which has administrative
supervision over all courts and the power to discipline judges of lower courts.
o Constitution Article VIII Section 6.
The Supreme Court shall have administrative supervision over all
courts and the personnel thereof.
o A lawyer may prefer charges against a judge only after proper circumspection
and without the use of disrespectful language or offensive personalities.
o A lawyer may not file administrative complaints against judges until he has
exhausted judicial remedies which result in a finding that the judge has
gravely erred.
Canon 12: Duty to assist in the speedy and efficient administration of justice
- As such, a lawyer shall:
o Be always prepared for trial;
o Not engage in forum shopping;
o File pleadings on time;
o Not engage in dilatory tactics or misuse court processes;
o Not coach his witness under examination;
o Not present false witness;
o Respect and not harass witness; and
o Not be a witness and counsel at the same time.
- Rule 12.01. A lawyer shall not appear for trial unless he has adequately prepared
himself on the law and the facts of his case, the evidence he will adduce and the
order of its preference. He should also be ready with the original documents for
comparison with the copies.
- Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
- Canon 18 - A lawyer shall serve his client with competence and diligence.
- Without adequate preparation, the lawyer may not be able to effectively assist the
court in the efficient administration of justice. Non-observance of this rule might
result in:
o The postponement of the pre-trial or hearing, which would thus entail
delay in the early disposition of the case,
o The judge may consider the client non-suited or in default or
o The judge may consider the case deemed submitted for decision without
client’s evidence, to his prejudice.
o Rule 12.02. A lawyer shall not file multiple actions arising from the same
cause.
o He is prohibited from filing a petition with the Court of Appeals or the
Regional Trial Court where a similar petition has been filed or pending with
the Supreme Court, and vice versa.
o Section 5, Rule 7 of the Rules of Court:
The plaintiff or principal party shall certify under oath in the complaining or
other initiatory pleading asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith:
a) that he has not theretofore commenced any action or filed any claim
involving the same issues in any court, tribunal or quasi-judicial agency and,
to the best of his knowledge, no such other action or claim is pending therein;
c) if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within 5 days therefrom to
the court wherein his aforesaid complaint or initiatory pleading has been
filed.
o Forum shopping is the improper practice of going from one court to another
in the hope of securing a favorable relief in one court which another court has
denied or the filing of repetitious suits or proceedings in different courts
concerning substantially the same subject matter.
- Every party filing an initiatory pleading is required to swear under oath that he
has not and will not commit forum shopping.
- This requires disclosure of any pending case at the time the initiatory pleading is
filed.
- The fact that the initiatory pleading is not based on the same cause of action as
the pending case is not a valid excuse for non-compliance with the disclosure
requirement.
- The certification against forum shopping must be signed by the party himself as
he has personal knowledge of the facts therein stated. It should not be executed
by his counsel.
- Exceptions:
o Where there are two or more parties, all of them must sign the verification
and non-forum certification, unless the one who signs, has been
authorized to execute the same on behalf of the petitioner.
o Where the joint parties are husband and wife involving their property,
only the husband may sign the verification.
o If the party is a juridical person (corporation, partnership), the
certification must be executed by a corporate officer or agent duly
authorized by its board of directors.
o A non-forum certification executed by counsel of the party is fatally
defective, unless the counsel certifies in the certification that he has
personal knowledge of the facts therein stated and gives justifiable reason
why the party himself cannot sign.
- The reason is that only the party himself has actual knowledge of whether or not
he has initiated similar actions in different courts or agencies.
o There is forum shopping where there are identity of parties or interest, rights
asserted, and reliefs sought in different tribunals.
o EXCEPTION:
The filing of a civil case in court does not preclude the filing of a
criminal action arising from the same set of facts on which the civil
action is based, as the law allows it. There is no forum-shopping in
such instances.
- Failure to file the certification against forum shopping is fatal to the complaint or
petition.
- Subsequent filing of the certification does not cure the fatal defect.
- Rules of Court, Rule 7, Section 5, paragraph 2: Failure to comply with the
foregoing requirement shall not be curable by mere amendment of the complaint
or other initiatory pleading, but shall be cause for the dismissal of the case
without prejudice, unless otherwise provided, upon motion and after hearing.
The submission of a false certification or non-compliance with any of the
undertakings therein shall constitute indirect contempt of court, without
prejudice to the corresponding administrative and criminal actions. If the acts of
the party or his counsel clearly constitute willful and deliberate forum shopping,
the same shall be ground for dismissal with prejudice and shall constitute direct
contempt, as well as cause for administrative sanctions.
- It is the duty of the lawyer to resist the whims and caprices of his client and to
temper the client’s inclination to litigate.
- Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel
constitutes a certificate by him that he has read the pleading; that to the best of
his knowledge, information, and belief, there is good ground to support it; and
that it is not interposed for delay.
- This rule imposes upon a lawyer the affirmative duty to check useless litigations,
willful violation of which may subject him to disciplinary action, or render him
liable for costs of litigation.
- A litigant may seek his legal assistance for reasons other than to vindicate a legal
wrong or other than to prosecute a valid cause.
- The purpose may either be:
o To harass a party or injure the opposite party or work oppression or
wrong.
o To pre-empt the initiative of an honest claimant by filing the suit to delay
the payment of a just claim.
o To drain the resources of the poorer party by way of compelling him to
submit out of sheer exhaustion.
- While a client may withhold facts from his counsel or give him false information
to attain unlawful ends, a lawyer can easily see through the client's action. When
that purpose becomes evident, the lawyer should not allow himself to be a party
to its realization or even withdraw from the case.
- Rule 12.03. A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without submitting to the
same or offering an explanation for his failure to do so.
- Pressure of work or the need for more time to finish the job often constrains a
lawyer to ask the court for an extension of time to file a pleading, memorandum,
or brief. The lawyer's failure to make an explanation constitutes discourtesy to
the court.
- Where a lawyer's motion for extension of time to file a pleading, memorandum or
brief has remained unacted by the court, the least that is expected of him is to file
it within the period asked for.
- Rules of Court, Rule 3, Section 16: Death of party; duty of counsel: Whenever a
party to a pending action dies, and the claim is not thereby distinguished, it shall
be the duty of his counsel to inform the court within thirty (30) days after such
death of the fact thereof, and to give the name and address of his legal
representative or representatives. Failure of counsel to comply with this duty
shall be a ground for disciplinary action.
- If no such notice is made, the court will proceed to conclusion as if the party is
alive and its decision is binding upon the heirs of the deceased client.
- Similarly, it is his duty to inform the court of any change of his address. Although
his failure to do so will not prevent any notice sent to his address of record to be
effective, his conduct may delay the disposition of the case and prejudice the
interest of his client.
o Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a
judgment or misuse court processes.
o The law makes it the lawyer's duty to delay no man for money or malice.
o Rules of Court, Rule 7, Section 3, paragraph 2: The signature of counsel
constitutes a certificate by him that he has read the pleading; that to the best
of his knowledge, information, and belief, there is good ground to support it;
and that it is not interposed for delay.
o For where a lawyer insisted on the client's patently unmeritorious case or
interposed an appeal merely to delay litigation or thwart the prompt
satisfaction of the prevailing party's just and valid claim, the court may
adjudge the lawyer liable to pay treble costs.
o Procedural rules are precisely designed to accomplish the purpose of
rendering justice to the parties to a lawsuits free from the “law's delays.”
o A lawyer should use those rules for the purpose and not for its frustration.
o Litigation is not a game of technicalities in which one, more deeply schooled
and skilled in the subtle art of movement and position, entraps and destroys
the other. It is rather a contest in which each contending party fully and fairly
lays before the court the facts in issue and then asks that justice be done upon
the merits.
o A lawyer should not hide behind a maze of technicalities to delay if not defect
the recovery of what is justly due and demandable.
- Rule 12.05 A lawyer shall refrain from talking to his witness during the break or
recess in the trial, while the witness is still under examination.
- The purpose of the rule is to avoid any suspicion that he is coaching the witness
of what to say during the resumption of the examination.
- Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
- Duty to always treat adverse witnesses with fairness and due consideration.
- Rules of Court, Rule 138, Section 20:
o (f) To abstain from all offensive personality and to advance no fact
prejudicial to the honor or reputation of a party or witness, unless required
by the justice of the cause with which he is charged;
Canon 13: Duty not to influence, or give the appearance that he can influence the court
- As such, a lawyer shall:
o Not influence, fraternize or be familiar with members of the judiciary
o Not resort to media to arouse public opinion during the pendency of a
case; and
o Respect judicial independence
- 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.
- Improper acts lessen the confidence of the public in the impartial administration
of justice and should be avoided.
- Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to,
nor seek opportunity for cultivating familiarity with Judges.
- The unusual attention may subject both the judge and the lawyer to suspicion.
o The common practice of some lawyers making judges and prosecutors
godfathers of their children to enhance their influence and their law
practice should be avoided by judges and lawyers alike.
o A lawyer should not see a judge in chamber and talk to him about a case he
is handling and pending in the judge’s court.
o A lawyer should not communicate to the judge the merits of a pending
case.
- The rule is not, however, intended to prevent criticism of the judicial acts. For the
guarantees of free speech and free press include the right to criticize the judicial
conduct.
- Whether the law was wisely or badly enforced is a fit subject for proper comment.
- If the people cannot criticize a judge the same as any other public official, public
opinion will be effectively muzzled
- A lawyer is expected to consider it his duty to expose the shortcomings and
indiscretions of courts and judges.
- In the prosecution of appeals, for example, he points out the errors of lower
courts.
- In articles written for law journals, he dissects with detachment the doctrinal
pronouncement of courts and fearlessly lays bare for all to see the flaws and
inconsistencies of the doctrines.
- Rule 13.03 - A lawyer shall not brook or invite interference by another branch
or agency of the government in the normal course of judicial proceedings.
- It endangers the independence of the judiciary.