Research on Lawyer's Stands on Cases Involving Immorality

8/17/2019 Research on Lawyer's Stands on Cases Involving Immorality

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Republic of the Philippines Tarlac State University

College of Law

Legal Stands of a COUNSEL inDefending a CLIENT Accused of IMMORALITY CASE

A research paper on the 3rd topic issued, Stands and Lived

!periences of Lawyers on "##orality cases in the Philippines atthe current ti#es$

Prepared by%

Jeerson ! Dungca

Legal Counseling Class under

Att"! Adenn L! Sigua

Professor & "nstructor

'st Se#ester, ()'*+()'


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-Can a man scoop fre into his lap without his

clothes being burned? Can a man walk on hot coals

without his eet being scorched.

So goes an early ad#onition against i##orality

fro# the /oly 0oo1 that is as valuable today as it

was thousands of years ago$ "n the 2udiciary, -#oralintegrity is #ore than a virtue it is a necessity4$

A govern#ent &court e#ployee who has fallen

short of the e!acting standards of #orality and

decency has to face the conse5uences, even after

the e#bers have died and the scars have faded$4

- Justice #ERLAS$ERNAE%ANAA& versus

ES#ELETA%A!M! No! #$''$

()''6ece#ber '7, ()''


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CONTENTS

" "ntroduction

"" An 8verview on The Concept of "##orality cases in the

Philippines

A Research of "##orality & "ndecency cases in the

Philippines

"##orality as de9ned by the Supre#e Court

The Lawyer:s e!pected Position

""" "##orality and "ndecency% The Current ;urisprudences

Sensational Cases

"< =indings & Analysis and "nterpretation

The Perception of the >eneral Public on "ssues involving

"##orality

Prologue

The Lawyer:s Stand

< Researcher:s Reco##endation


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.or/ and cri*inal -enalties while so#e are of the opinion that there

should be a #ore thorough re,ie. of e0isting la.s and statutes$

As a student of law and hopefully future #e#ber of the legal

profession, the researcher have co#e to a collective conclusion ?which he

intend to reveal at the end of this paper that, as good as he 1now, is also

reEective of the opinion of the average ;uan dela CruF in these #odern

ti#es$

This legal counseling research&study underwent the process of 9nding

legal stands and e!periences fro# Lawyers who had encountered the sa#e$

Bho battle for the right laws, rules and regulations that govern the conduct

of such$ "t involves locating both laws and rules which are enforced by the

State and the co##entaries which e!plain or analyFe these rules$

As any legal research&study for that #atter, this paper would also be

an investigative tool for infor#ation necessary to support legal decision

#a1ing in the light of the rise of "##orality, >rave isconduct and

"ndecency Cases$


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"ts ?the paper:s pri#ary point is to answer the 5uestions%

1o. s+ould a La."er Stand or React on a Client .+o is accused.it+ I**oralit" Case2

Are t+e" to 3e considered Ad,ocates of I**oral Conduct24 or a

#rotector of E5ual #rotection guaranteed for all2

II!An O,er,ie. on T+e Conce-t of I**oralit" cases in t+e #+ili--ines

A Researc+ on I**oralit" 6 Indecenc" cases in the

Philippines

A study #ade in ()'( by a group of researchers fro# Ateneo de

anila University, on "##orality Cases in the Philippines esti#ates

that there are at least ight ?G convicted cases for every Twelve ?'(

co#plaints being tried annually by the Supre#e Court$ Si!ty percent


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?7)H of such ca#e fro# the ;udiciary Syste# and the re#aining fro#

the @ational >overn#ent$

This is a staggering 9gure because not only does this #ean that

"##oral Conduct is a popular relationship done by #ostly Public

Servants but #ore i#portantly, it creates the i#pression that the

society in general is being passive or la! in the widespread of such

issue$

"##orality as de9ned by the Su-re*e Court

I**oralit" has been de9ned to include not only se!ual #atters

but also Iconduct inconsistent with rectitude, or indicative of

corruption, indecency, depravity, and dissoluteness4 or -is willful,

Eagrant or sha#eless conduct showing #oral indiDerence to opinions

of respectable #e#bers of the co##unity, and an inconsiderate

attitude toward good order and public welfare$4

There is no doubt that engaging in se!ual relations with a

#arried individual is not only a violation of the #oral standards

e!pected of e#ployees of the govern#ent, but is also a desecration of

the sanctity of the institution of #arriage which the Courts abhors and

is, thus, punishable$ Under the Revised Unifor# Rules on

Ad#inistrative Cases in the Civil Service, disgraceful and i##oral

conduct is punishable by suspension of si! #onths and one day to one

year for the 9rst oDense$ Bith a stern .arning that a repetition of the

sa#e or si#ilar oDense will warrant the i#position of a #ore severe

penalty$ (Jallorina vs. Taneo-Regner .!. "o. #-$$-%&')


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The Lawyer:s e!pected #osition

6uty to be perfor#ed within the law J ?Ta1en fro# Rule

'$)( and '$)3 of the CPR, "n the 2udicial foru#, the client is

entitled to the bene9t of any and every re#edy and defense that

is authoriFed by the law of the land, and he #ay e!pect hisLawyer to assert every such re#edy or defense$

"t is unprofessional for a Lawyer to volunteer advice to

bring a lawsuit, e!cept in rare cases where ties of blood,

relationship or trust #a1e it his duty to do so$ "f he 9nds his

client:s cause is defenseless, then it is his bounded duty to

advise the latter to ac5uiesce and sub#it, rather than traverse

the incontrovertible$

ost of all, a Lawyer should not be an "nstigator of

Controversy but a ediator for Concord and Conciliator for

co#pro#ise$ "t is the duty of a lawyer in his e!alted position as

an oKcer of the court not to be an "nstigator of any controversy$

III! I**oralit" and Indecenc" 7T+e Current Juris-rudences!


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Sensational Cases

A$ This is an ad#inistrative co#plaint for i##orality 9led againstrespondent >ibas and respondent Lintao who were accused of having an illicit

relationship$ Court e#ployees should #aintain #oral righteousness and

uprightness in their professional and private conduct to preserve the integrity

and dignity of the courts of 2ustice$ Court personnel should avoid any act of

i#propriety which tarnishes the honor and dignity of the ;udiciary, thus%

very e#ployee of the 2udiciary should be an e!a#ple of integrity,

uprightness and honesty$ Li1e any public servant, he #ust e!hibit the highest

sense of honesty and integrity not only in the perfor#ance of his oKcial

duties but in his personal and private dealings with other people, to preserve

the court:s good na#e and standing$ "t cannot be overstressed that the

i#age of a court of 2ustice is #irrored in the conduct, oKcial and otherwise,

of the personnel who wor1 thereat, fro# the 2udge to the lowest of its

personnel$ Court e#ployees have been en2oined to adhere to the e!acting

standards of #orality and decency in their professional and private conduct

in order to preserve the good na#e and integrity of courts of 2ustice$

?*mmanuel !. +ibas, Jr. v. !a. Jesusa *. +ibas, Court tenographer ,

!unicipal Trial Court, +uiguinto, /ulacan, and 0ranconello . 1intao, heri2 3,Regional Trial Court, /ranch 4, !alolos Cit5, /ulacan, .!. "o. #-6&-%78$,

!arch %4, %6$$.

0$ This is an ad#inistrative co#plaint for isconduct against

respondent Aro#in whereas, she actually interfered with the e!ecution of a

valid certi9cate of sheriD:s sale in behalf of her friend without regard to the

i#propriety of her acts considering that she is a court e#ployee$ As a public

servant, she should have 1nown that she is en2oined to uphold public interest

over and above personal interest at all ti#es$ #ployees of the 2udiciary

should be living e!a#ples of uprightness not only in the perfor#ance of

oKcial duties but also in their personal and private dealings with other people

so as to preserve at all ti#es the good na#e and standing of the courts in the

co##unity$ The i#age of the court, as being a true te#ple of 2ustice, is aptly

http://sc.judiciary.gov.ph/jurisprudence/2011/march2011/P-09-2651.htmlhttp://sc.judiciary.gov.ph/jurisprudence/2011/march2011/P-09-2651.htmlhttp://sc.judiciary.gov.ph/jurisprudence/2011/march2011/P-09-2651.htmlhttp://sc.judiciary.gov.ph/jurisprudence/2011/march2011/P-09-2651.html


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e!pectation is enforced, a#ong others, by Section (, Canon " of the Code of

Conduct for Court Personnel which #andates that -cMourt personnel shall not

solicit or accept any gift, favor or bene9t based on any or e!plicit

understanding that such gift, favor or bene9t shall inEuence their oKcial

actions$4 Section (?e, Canon """, on the other hand, #andates that -cMourt

personnel shall not ! ! ! sMolicit or accept any gift, loan, gratuity, discount,

favor, hospitality or service under circu#stances fro# which it could

reasonably be inferred that a #a2or purpose of the donor is to inEuence the

court personnel in perfor#ing oKcial duties$4 The acts addressed are strictly

prohibited to avoid the perception that court personnel can be inEuenced to

act for or against a party or person in e!change for favors$ !ilagros

3illaceran and 9mar T. !iranda v. Judge !a


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School Teachers$ Since the charge was for violation of the Code of

Conduct and thical Standards for Public 8Kcials and #ployees, the

co#plaint should have been brought before the CSC$

8n '7 =ebruary ()), the 0oard of Professional Teachers ?0oard, PRC,

anila, found Rene ad#inistratively liable of the charges and revo1ed

his license as a Professional Teacher$ Rene #oved for reconsideration

of #otion but was denied by the 0oard$ /e then 9led a petition for

review before the CA$ CA denied the ReneOs appeal$ CA held that the

applicable law was Rep$ Act @o$ *7) or the agna Carta for Public

School Teachers because he is a Teacher "$ Under Rep$ Act @o$ *7),

the one ?' tas1ed to investigate the co#plaint was the 0oard of

Professional Teachers$ "t was the 0oard of Professional Teachers thathad 2urisdiction over the ad#inistrative case and not the Civil Service

Co##ission ?CSC or the 6epart#ent of ducation ?6epd as

contended by Rene$

Bhether or not the 0oard of Professional Teachers have

2urisdiction to hear and decide the co#plaint 9led by respondent

against petitioner$

/eld% An ad#inistrative case against a public school teacher #ay

be 9led before the 0oard of Professional Teachers+PRC, the 6epd or

the CSC, which have concurrent 2urisdiction over ad#inistrative casessuch as for i##oral, unprofessional or dishonorable

conduct$ Concurrent 2urisdiction is that which is possessed over the

sa#e parties or sub2ect #atter at the sa#e ti#e by two or #ore

separate tribunals$ Bhen the law bestows upon a govern#ent body the

2urisdiction to hear and decide cases involving speci9c #atters, it is to

be presu#ed that such 2urisdiction is e!clusive unless it be proved that


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another body is li1ewise vested with the sa#e 2urisdiction, in which

case, both bodies have concurrent 2urisdiction over the #atter$ The

authority to hear and decide ad#inistrative cases by the 0oard of

Professional Teachers+PRC, 6epd and the CSC co#es fro# Rep$ Act

@o$ G37, Rep$ Act @o$ *7) and Presidential 6ecree ?P$6$ @o$

G),respectively$

Under Section (3 of Rep$ Act @o$ G37, the 0oard is given the

power, after due notice and hearing, to suspend or revo1e the

certi9cate of registration of a professional teacher for causes

enu#erated therein$ A#ong the causes is i##oral, unprofessional or

dishonorable conduct$ Thus, if a co#plaint is 9led under Rep$ Act @o$G37, the 2urisdiction to hear the sa#e falls with the 0oard of

Professional Teachers+PRC$

"f the co#plaint against a public school teacher is 9led with the

6epd, then under Section N of Rep$ Act @o$ *7) or the agna Carta

for Public School Teachers, the 2urisdiction over ad#inistrative cases of

public school teachers is lodged with the investigating co##ittee

created pursuant to said section, now being i#ple#ented by Section (,

Chapter


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The issue ta1es us to a #ost diKcult area of law where #an stands

accountable to an authority higher than the state$ To chose its driven

purpose$ To be held on balance are his interest and his e!pected freedo#$ "n

this highly sensitive area of law, the tas1 of balancing between authority and

liberty is #ost delicate, because the person invo1ing freedo# has the

conse5uences of facing the penalties, or being not te#poral$

The tas1 is not #ade easier by the Social origin of our orality clauses

and the wealth of intensely controverted area of interpretation than the

"##oral clauses$ As stated by a professor of law, - it is now notorious that

legal doctrines and 2udicial decisions in the area of oral freedo# are in

serious disarray$ Perhaps no other areas of law have confusion and

inconsistency achieved by such when the undisputed sovereignty is

5uestioned$4

0oth the penetrating and panora#ic view of this issue would provide

suKcient course of #orality and freedo# in Philippine 2urisdiction$ Bhen the

-free see1ers4 had a 5uestion to raise in an ad#inistrative case involving

only one person will not alter the para#ount i#portance of the 5uestion for

the positive protection by govern#ent of guaranteed freedo# +not only for

the #inority or #a2ority but perhaps for each of us$4

"f #orality is the answer to the 5uestion Ohow we ought to liveO in the

individual level, politics can be seen as addressing the sa#e 5uestion at the

social level though the political sphere raises additional proble#s and

challenges$ "t is therefore unsurprising that evidence has been found of a

relationship between attitudes in #orality and politics$


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@owhere to be found in @u#bers, >roup of Surveyors, Statistics or

Learned individuals on the previous years and the current ti#es, for it is a

Personal Choice, uni5uely for everyone$

Prologue%

=or the enlighten#ent of its evaluator and readers, this study has used

the -Pheno#enological4 type of data gathering and presentation$ "t #eans

that we can encounter their responses fro# the one+on+one direct interview

underta1en$

There are =ive ? Practicing and Active Lawyers, who are also

e#bers of the "ntegrated 0ar of the Philippines fro# the diDerent Provincial

Chapter of the Region """ J Central LuFon area$

Bhile answering the se5uences as1ed, the researcher ?with the

approval of his "nstructor had decided to conceal the Lawyers true identity

for their co#fort and satisfaction$ A careful #aintenance of Con9dentiality

was utiliFe for their well+being since the type of 5uestioning is based fro#

their e!periences encountered and wise discretionary ability$


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So#e of the Sub2ects have answered in their @ative Language to

precisely stress out their point$ Therefore, we #ay e!pect encountering so#e

Tagalog answers fro# the#$ Bith such, your deep consideration is highly

appreciated by the researcher$

The Lawyer:s Stand

A! :or Att"! ;Tuscan"<

-Qes, #y stand will be on the aKr#ative$ ven accused, have the

right to be heard$ @ow, whether or not they will present such lies and

#islead the court fro# the 5uestions of facts, it will be their

conse5uences if ever the decision won:t favor us$4


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-" will do well in the practice #y profession on their side, #ore so

for their right to be heard and be tried e5ually, to be treated "nnocent

until proven otherwise that, " can assure4

-0ut if they wanted to inEuence #e or on #y #anner of

establishing the procedure, " will personally tell the# " #ight beco#e

dysfunctional and unco#fortable$ ":ll advocate the# that we #ust

follow the law and not our alibis4$

! :or Att"! ;Ma3alacat<

-After ":ve heard the established facts and if it their point is

worthy to be 9ghting in the court, Bhy @ot$. ":ll accept to represent

hi#$ " #yself is also a >overn#ent #ployee, if those things happened

to #e " #ight do the sa#e$ =or all " 1now, " earned the trust and

con9dence of those oKcials who put #e here, therefore " cannot let

anyone easily co#plaint #e based fro# #ere hearsays and suspicions

of =a#ilial and Peer uarrel$4


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D! :or Att"! ;Conce-cion<

-" don:t have any dissenting opinion or contradicting reactions

regarding this @urse ;ef$ All has e5ual chance in getting the

interpretation of Law$ =or accused, as #uch as we 1now, wanted not to

be on trial, " #ean, who a#ong us here wanted to be scrutiniFed and

e!erted #uch of our ti#e, #oney, and eDort right. 0ut the way " see

things their dignity and well being is the redee#ing reward$

@o #atter how grave or guilty the wrong acts they allegedly

have co##itted, they are still acco#panied by the protection of the

law$ 6ealing personal revenge on the co#plainant here is his

pre#editated goal$ 8nce he or she beyond reasonable doubt has

proved that the accused are guilty, her 2ustice and reward was served

at the sa#e ti#e$ The Lawyer:s stand here is by and by foreseen$ The

Lawyer has nothing personal or special for both parties on that #atter,

he 2ust perfor#s his right to practice his profession and wor1, for that is

what the society really e!pects fro# hi#$4


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E! :or Att"! ;San :ernando<

-" #ay not be the one of the #ost inEuential Lawyer who can

answer this 5uestions ;ef , but #y stand here is still to defend$ "f, as a

Lawyer, you decline to the calling of your co+#e#ber of the society

#ore so a colleague in the Public service then your principle in

interpreting ethical issues is bit strict and stereo+typical$ Qou are not a

free+thin1er or a reality acceptor as #y opinion$ Another truth is that

even so#e of our co+#e#bers in the "0P were found guilty on

"##orality issues right. So how good are we to construe cleanliness

resides on us strictly$

" cannot decide for the other lawyers here in the co##ission ;ef,

but for #e trying to defend an accused i##oral e#ployee will test #y

patience and understanding$ Convicted or ac5uitted, the intention of

the court that prevailed, feeds us enough 1nowledge and learning$

"nstantly, we #ay further learn that these acts are evidently seen

i##oral and unethical, and #ore over, #ay serve as a -wa1e+up call4

and that they #ust be avoided or opted not to be i#itated again$

@ever be afraid to try and e!ert chances, for they are the living lessons

we #ay re#e#ber$


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9! RESEARC1ER=SRECOMMENDATION

The researcher puts forward the stand t+at La."ers 6

Me*3ers of t+e Integrated ar of t+e #+ili--ines in aid of its

ser,ices for a client accused in I**oralit" 6 Indecenc" Cases

are -rotectors of t+e E5ual #rotection of La.s guaranteed for

all $


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As earlier stated, the Lawyer has the duty to protect its clients

with ut#ost diligence and professionalis#$ "t does not needs any

separate section particularly or speci9cally stating /e should be

5ualifying or selective in these cases since this is the #ain cause of

nu#erous #isunderstanding on accused clients$ =eeling of

abandon#ent and pre+2udged can aDect their #entality of not

ac5uiring their services any#ore, thus being disenfranchised$ This

could be included in a future a#end#ent to the law governing

6isciplinary easures on Public servants$

The Civil Service Co##ission:s policy on i#posing penalty for

those who will co##it such case shall religiously disse#inate the

clause of legal accountability upon violations of such law$ "nstead, upon

a#end#ent of the law by Congress, an "#ple#enting Rules and

Regulation regarding the strict i#ple#entation of its provisions should

include the 6epd, C/6, 6"L>, P@P, Chief of StaDs and every L>U

e#ployee ?as the #ost co##on -front+liners4 of >ovt Service as part

of the i#ple#enters$

There is no #ore need for Congress to revisit Civil Service Laws &

e#orandu# + Circulars, and other related laws that address issues

that have #ade its full i#ple#entation diKcult$ Since the penalties

and conviction rate is fast and nu#erous$ >iving us the i#pression that

decision rendering is highly achievable


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To #onitor the proper i#ple#entation of the "##orality clause in

coordination with the e!ecutive depart#ents, a provision for t+e

creation of a E0ecuti,e 6 Su-erior O,ersig+t Co**ittee should

also be included$

=or Law#a1ers, the researcher adopts the relative stand of

Senator ;uan Ponce+nrile$ /e re+iterated that, -Be will loo1 into the

revision of this law$ Be will i#pose stricter adherence to certain steps

to be ta1en before any relative increasing incidence will rise,4 he said$

nrile, a for#er president of the Philippine Constitution

Association ?Philconsa, said he is not against the "ncidental

representation of a Counsel in a "##orality Case$ /e further said that it

is a constitutional right but there is a li#it to these things$ The rights of

others in the case of Sese and 6e guF#an are neglected due to trial on

publicity, he added$

-There #ust nothing personal or too #uch inti#idation, for a

counsel when standing with an accused i##oral e#ployee$ There

#ust be a drive of sy#pathy or a valid reason for a lawyer to ta1e a

stand that is to defend or not if he chooses not, then a professional

ground should be established to prevent any negative assu#ptions to

the parties concerned,4 he added$


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9I! CONCLUSION

0ased on all the foregoing, the researcher concludes that t+etest of co*-eting t+oug+ts on t+is issue is a salutar"

endea,or% t+at is .ort+ -ursuing ; A La."er Cannot 3e forced

or coerced .+at +e or s+e *ust do! Li/e an"one else% +e +as a

guiding conscience4, not only for the interest of the constitutionally

#andated right to be heard and to have a due process of law, but also

in our ardent and continuing defense of the right to life$ "t consists of

being aware to the responsibilities of your acts, while perfor#ing your

2ourney in life$ The young people through our precedent acts will

reEect these things as correct and 2ust for the#$ Be are their living

e!a#ple, what they see in us, will do to us$

oreover, eac+ and e,er" one of us *ust also not forgetand should re#ain steadfast no #atter what #ay be the tides of ti#e,

to -ursue >ustice for those whose rights were neglected if they were

already been convicted, dis#issed fro# service or warned, let our

guiding hand lead the# to reEection that there is still suKcient ti#e to

correct their #ista1es$ Avoidance, Control and an in depth review to

the conse5uences they #ight face when they pursue such si#ilar acts

again$ @ow is the ti#e and everyone #ay restart$ @o 5uali9cations and

selections, purely deter#ination$


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9II! RE:ERENCES

#u3lis+ed Researc+es7

A6U ;ournal J Research on "##orlity Cases a tac1led

review ?()'(

#u3lis+ed Te0t3oo/

;i#eneF, Legal Counseling , ())*

Luis 0$ Reyes, RPC 0oo1 ', 'th edition, ())G

@olledo, Ad#inistrative Law 'Gth edition, ()''

#u3lis+ed ne.-a-er articles

Aning, ;$ ?()'( Philippine 6aily "n5uirer

http%&&ph$news$yahoo$co#&search+recognition$ht#l

http%&&www$es1welahan$net&news&

;ournal 8n+line, ;une (', ()'(

anila 0ulletin August ', ()'(

CSC Me*orandu* Circular on Cases In,ol,ing I**oralit"

:ull te0t

http%&&www$lawphil$net

Sourced fro* t+e Internet

http%&&www$fa#guardian$org&Sub2ects&LawAnd>ovt&Articles&P

urpose8fLaw$ht#

http%&&opinion$in5uirer$net

http%&&o2+lopeF$blogspot$co#&()'()3)'archive$ht#l


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http%&&en$wi1ipilipinas$org&inde!$php

Documents

Research on Lawyer's Stands on Cases Involving Immorality