PRESENTATION NOTES ON CHAPTER 3: THE LAWYER AND THE COURTS

TITLE PAGE: The Lawyer’s Oath: I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any court (Canon 10); I will not wittingly nor willingly promote or sue any groundless, false or unlawful suit (Canon 12), or give aid nor consent to the same; I will delay no man for money or malice (Canon 12), and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.

CHAPTER III. THE LAWYER AND THE COURTS CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. 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 any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of 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. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. Rule 11.01 - A lawyer shall appear in court properly attired. Rule 11.02 - A lawyer shall punctually appear at court hearings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. 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 preferences. He should also be ready with the original documents for comparison with the copies. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.

Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like, or b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. 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 Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. 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.

RECAP PAGE: Chapter 1 talks about the Lawyer and his behavioral and professional conduct in relation to the Society. [CLICK] We have discussed that: 1) a lawyer must continue to possess a good moral character as a qualification not just in the application in the admission to the bar but also a continuing qualification required of every member of the bar. Good moral character is what a person really is (as distinguished to good reputation which is an opinion in which the lawyer is held by the public). It is the absence of acts involving moral turpitude or gross immorality. Gross immorality is understood in the case of Advincula vs. Macabata as inconsistent with rectitude, indicative of corruption and a shameless conduct. [CLICK] 2) A lawyer is also prohibited from advertising his talents (except for those which are expressly allowed e.g. publication in reputable law list, simple business cards etc) and soliciting cases. This is to avoid commercialization of an honorable profession, lessening its ability to render efficiently that high character of service to which every member of the bar is called. (What is the best advertisement? Well-merited reputation and good/efficient service to clients). [CLICK] 3) We have also discussed that the death of a lawyer does not extinguish the CLIENT-LAWYER RELATIONSHIP with the firm (This is premised on the idea that the client employed the services of the firm). 4) We have learned also that a lawyer should not refuse his services (as legal counsel, counsel de oficio or as amicus curae) except in serious, sufficient and valid grounds like:

a) he is not in the position to carry out the work effectively and competently because of age, sickness, etc.; or b) there is a conflict of interest. [CLICK] Chapter 2 talks about the Lawyer and his behavioral and professional conduct in relation to the Legal Profession. [CLICK] We have discussed:

1) About the concepts of ADVERSE-INTEREST CONFLICTS and the CONGRUENT-INTEREST CONFLICTS.

"Adverse-interest conflicts" exist where the matter in which the former government lawyer represents a client in private practice is substantially related to a matter that the lawyer dealt with while employed by the government and the interests of the current and former are adverse. On the other hand, "congruent-interest representation conflicts" are unique to government lawyers and apply primarily to former government lawyers. Rule 6.03 – A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. It is properly applicable to both "adverse-interest conflicts" and "congruent-interest conflicts."

The key to unlock Rule 6.03 lies in comprehending first, the meaning of "matter" referred to in the rule and, second, the metes and bounds of the "intervention" made by the former government lawyer on the "matter." The American Bar Association in its Formal Opinion 342, defined "matter" as any discrete, isolatable act as well as identifiable transaction or conduct involving a particular situation and specific party, and not merely an act of drafting, enforcing or interpreting government or agency procedures, regulations or laws, or briefing abstract principles of law. "Intervene" means, viz.: 1: to enter or appear as an irrelevant or extraneous feature or circumstance . . . 2: to occur, fall, or come in between points of time or events . . . 3: to come in or between by way of hindrance or modification: INTERPOSE . . . 4: to occur or lie between two things (Paris, where the same city lay on both sides of an intervening river . . .) On the other hand, "intervention" is defined as: 1: the act or fact of intervening: INTERPOSITION; 2: interference that may affect the interests of others. There are, therefore, two possible interpretations of the word "intervene." Under the first interpretation, "intervene" includes participation in a proceeding even if the intervention is irrelevant or has no effect or little influence. Under the second interpretation, "intervene" only includes an act of a person who has the power to influence the subject proceedings. We hold that this second meaning is more appropriate to give to the word "intervention" under Rule 6.03 of the Code of Professional Responsibility in light of its history. In fine, the intervention cannot be insubstantial and insignificant. (PCGG vs. SB [Fifth Div], Lucio Tan et al.) [CLICK]

2) Suppression or making False Statement in the Application for Admission is a ground for disqualification. [CLICK] 3) Strong language can be acceptable (Fernandez vs. Hon Bello) if it does not spill over the walls of decency and propriety. More of this in Canon 11 later on. 4) Delegation of Legal Work to an Unqualified person (US. vs Ney and Bosque). Bosque was not allowed to practice law in the Philippines by CJ Arellano (In Re: Bosque) yet he continued to practice law with Ney in the Philippines. [CLICK-Next slide: CONCEPTUAL FRAMEWORK].

CONCEPTUAL FRAMEWORK PAGE: This framework will be the backbone of our presentation on the concepts by knowing [CLICK]: What it is. [CLICK] What it is NOT [CLICK] Specific Behavioral aspects expressly provided in Code of Professional Responsibility and to illustrate some rules by way of [CLICK] Cases. [CLICK] Quid est veritas? Pontius Pilate asked to Jesus during latter’s trial. [CLICK] What is falsity? [CLICK] Then the specific items under Canon 10 but focusing only on MAKING QUOTATIONS which will be illustrated in the case [CLICK] of The Insular Life Assurance Co. Employees association vs. Insular Life Assurance Co. [CLICK] What is respect and [CLICK] disrespect [CLICK] where do we display our respect or disrespect? It is through our ATTIRE, PUNCTUALITY, LANGUAGE, ATTRIBUTING TO JUDGES and THE WAY LAWYERS DIRECT THEIR COURSE AS REGARDS THEIR GRIEVANCE. Due to a limited time we will focus our discussion on language either written or spoken. This will be illustrated in [CLICK] three cases: Zaldival vs. Gonzales; Montecillo vs. Gica; and In Re: Almacen. [CLICK] What is propriety? And what is impropriety? To what extent is Attention, Hospitality, Familiarity regarded as within the bounds of propriety? Can the lawyer make use of the Government Agencies to interfere the administration of justice? What is Justice in contrast to [CLICK] INJUSTICE in relation to the concepts [CLICK] of Preparation, Multiple Actions, Extensions, Delay, Talking/Abusing the witness and the lawyer testifying in Courts? The case of Casals vs. Cui [CLICK] will illustrate the concept regarding extensions. Given all these concepts, why does a lawyer have to be truthful, respectful and observe propriety? This is for the reason (proximate end) [CLICK] of attaining a speedy and efficient administration of JUSTICE and ultimately at arriving at the [CLICK] TRUTH. [CLICK – next SLIDE: VIDEO]

VIDEO CLIP ON TRUTH (After the short clip) (Engage the class, by asking the title of the movie where the clip was taken, the persons and the resolution of the story.) (Connect with the next concept about TRUTH) [CLICK]

ON TRUTH AND QUOTATION [CLICK] [CLICK] Quid est veritas? What is truth? This is the question that Pontius Pilate asked in the trial of Jesus. Let me ask the same question to the class. Quid est veritas? What is truth? (ask for volunteers. Engage the class. If you search the Lawphil.net it will give you about 30,700 results in 0.30 seconds). Given that description of Mr./Ms________, What is a true friend? Who is a true friend? Can you describe your true friend? (Ask one member of group 2). Quid est veritas? Truth (veritas) is conformity, proportionality or commensurability of the mind (idea, logical) to the objective reality (external world e.g. facts, evidence, codes, beliefs, constitution, norms, practice, etc.) This is the Correspondence theory under Neo-Classical theories on Truth as influenced by Plato, Aristotle and Thomas Aquinas. This definition, although popular, has many issues. The statement that “there is a Legal Ethics Book by Pineda on the Table” is true if and only if (Tarki’s Semantic Theory on Truth) there is indeed a book (Legal Ethics) by Pineda on the Table. But can it also be true if we say “There is NO violet dinosaur (Barney ) on the Table”? The central use of TRUTH occurs when we say, ITS TRUE THAT SERENO IS THE CHIEF JUSTICE OF THE SUPREME COURT OF THE PHILIPPINES. Here, true is contrasted with [CLICK] false (falsity is inequality of the mind with the objective reality), not with fake or insincere. People need the truth about the world in order to thrive. Truth is important. Believing what is not true is apt to spoil a person’s plans and may even cost him his life (also NOT believing what is true like the law of gravity can also be fatal). Telling what is not true may result in legal and social penalties. Truth is the end of every rational and scientific inquiry. All legal procedures (civil or criminal) are scientific and have truth as their end as well. Why do we go to court? To arrive at certain truth. (But what constitutes Truth?) Truth is so vast and broad concept, CPR focuses on some particular aspects [CLICK] like MISLEADING, MISQUOTING and MISUSING RULES OF PROCEDURE. Quotation is a manner of repeating or copying out (a group of words from a text or speech), typically with an indication that one is not the original author or speaker. Deliberate misquotation, deliberate citation of an inoperative provision as law and assertion of something as a fact which has not been proved are all PROHIBITED. This is based on Canon 22 of the Canons of Professional Ethics: 1. Knowingly misquoting or misrepresenting a. contents of a paper, b. language or argument of opposing counsel c. text of a decision or authority 2. Knowingly citing as law, a provision already rendered inoperative by repeal or amendment. 3. Asserting as a fact that which has not been proved.

TAKE NOTE: When a lawyer makes a quotation of a decision in his pleadings, he should quote the same verbatim to avoid misleading the court. To give us an illustration of this concept of QUOTING, I will give you ______________ who will TELL A STORY (not read ) about the case of The Insular Life Assurance Co. Employees Association vs. Insular Life Assurance Co. [CLICK]

CASE: The Insular Life Assurance Co. Employees Association vs. Insular Life Assurance Co [CLICK] (Tells the facts of the story) (Tells the Court’s decision about the case) Before we proceed to the next concept about respect, let us show you a movie clip about RESPECT. [CLICK]

VIDEO CLIP ON RESPECT (After the short clip) (Engage the class, by asking the title of the movie where the clip was taken, the persons and the resolution of the story.) (Connect with the next concept about RESPECT IN COURT) [CLICK]

ON RESPECT What is Respect? Etymologically, respect comes from two latin terms (re= back; spectare=to look at). It means rendering of civility and courtesy due to others especially those in authority (office). It involves looking at the other with civility and courtesy. Not just the sense of sight, it includes actually all the senses (external: sight, smell, touch, hear, taste) (internal senses: common sense, imagination, estimation, memory). Look at the other with respect. Touch the other with respect. Hear the other with respect. Smell the other with respect. Taste the other with respect. Understand the other with respect. To give us an illustration of this concept of RESPECT, I will give you ______________ who will TELL A STORY (not read ) about the case of Zaldivar vs. Gonzales [CLICK]

CASE: Zaldivar vs. Gonzales

[CLICK] (Tells the facts of the story) (Tells the Court’s decision about the case) Before we proceed to the next concept about respect, let us show you a movie clip about the NEXT CONCEPT: LANGUAGE. [CLICK]

VIDEO CLIP ON RESPECT: LANGUAGE (After the short clip) (Engage the class, by asking the title of the movie where the clip was taken, the persons and the resolution of the story.) (Connect with the next concept about LANGUAGE IN COURT) [CLICK]

ON RESPECT [CLICK] [CLICK] [CLICK] As we have pointed out, the concept of respect or disrespect encompasses quite a broad concept that is why CPR provides for some specific items such as but not limited to [CLICK] ATTIRE PUNCTUALITY LANGUAGE ATTRIBUTION TO JUDGES COURSE OF GRIEVANCE Let us focus on LANGUAGE: Language is symbolic. There are two classifications of language: 1. written – symbols placed on a surface using an instrument (also, patches of light on a computer or screen) e.g. of Writing Systems: Logographic (Chin.) Logophonetic (eg. Egy.) Syllabic (Tag.) Consonantal (Hbw.) Segmental Alphabet (Ltn, Grk.) 2. Spoken – strings of symbolic sounds Facts: 7,000 estimated languages in the world 2,200 found in Asia 2400 endangered language 2454 the bible is available in different language (Pinnochio is next as the most translated book) 0 Official language of US 11 Official Language in South Africa Polyglot is one who can write and speak several languages.

The lawyer (whether spoken or written) must abstain from all abusive, offensive or otherwise improper language in his professional dealings (Rule 8.01-General rule) and most especially before the Courts (Rule 11.03- Specific rule). His language must be dignified in keeping with the dignity of the legal profession. Lawyers must maintain the rule of law and not the rule of the jungle. A lawyer can demand that the misbehavior of a judge be placed on record. This act of the lawyer is not contemptuous. To give us an illustration of a misbehavior using contemptuous LANGUAGE, I will give you ______________ who will TELL A STORY (not read ) about the case of Montecillo vs. Gica [CLICK]

CASE: Montecillo vs. Gica

[CLICK] (Tells the facts of the story) [CLICK] (Tells the Court’s decision about the case) Before we proceed to the next concept about respect, let us show you a movie clip about the NEXT CONCEPT: LANGUAGE particularly in CRITICIZNG THE COURT. [CLICK]

VIDEO CLIP ON RESPECT: CRITICISM OF THE COURTS (After the short clip) (Engage the class, by asking the title of the movie where the clip was taken, the persons and the resolution of the story.) (Connect with the next concept about LANGUAGE: CONSTRUCTIVE AND DESCTRUCTIVE CRITICISMS) [CLICK]

ON CRITICISM OF COURTS As we have pointed out, CRITICISM is permissible as long as it does not spill over the walls of decency and propriety. [CLICK] We define CRITICISM as an adverse analysis of an order, judgment or judicial act of a magistrate with the aim of preventing or avoiding an incipient injustice which may arise from the pernicious effects of the mistake, error or irregularity committed. In short, you may criticize the judge’s act or decision (as long as criticism is proper and decent) to attain true justice. The CRITICISM is CONSTRUCTIVE [CLICK]: if the purpose is to timely correct [CLICK], [CLICK] to attain true justice [CLICK] which must always be done within the bounds of decency and propriety. The CRITICISM is DESTRUCTIVE [CLICK]: if it is [CLICK] arrogantly presented [CLICK] with the intent to mock, ridicule, demean and offend the sensibilities of the court or the sitting judge [CLICK] normally it is delivered in an abusive and offensive language. To give us an illustration where a lawyer CRITICIZES the COURT, I will give you ______________ who will TELL A STORY (not read ) about the case of In Re: Almacen. [CLICK]

CASE:In Re: Almacen [CLICK]

(Tells the facts of the story) [CLICK] (Tells the Court’s decision about the case) Before we proceed to the next concept about JUSTICE, let us show you a movie clip about the NEXT CONCEPT: EXTENSIONS under CONCEPT of JUSTICE. [CLICK]

VIDEO CLIP ON RESPECT: EXTENSIONS under CONCEPT of JUSTICE

(After the short clip) (Engage the class, by asking the title of the movie where the clip was taken, the persons and the resolution of the story.) (Connect with the next concept about JUSTICE: EXTENSIONS AND LETTING THE PERIOD LAPSE) [CLICK]

ON JUSTICE: EXTENSIONS AND DELAYS [CLICK] For us to understand the concepts under specific behavioral aspects in Cano 12 of CPR, it is best to understand the overarching CONCEPT OF JUSTICE. Justice is understood as the proper administration of law or the fair and equitable treatment of all individuals under the law. The 1987 Constitution (ART III, Sec 16: All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies) mandates a speedy and efficient administration of justice. This mandate is a joint responsibility of the judges and lawyers. That is why CPR directs the lawyer to EXERT EVERY EFFORT and consider it his DUTY to assist in the speedy and efficient administration of justice. There is therefore INJUSTICE [CLICK] when there is slow and inefficient administration of justice as captured in the adage, JUSTICE DELAYED IS JUSTICE DENIED. There is also injustice done by the lawyer if [CLICK]

1. He comes to court UNPREPARED. He must be ready when he goes to trial. Preparation is half the battle won. Or one who fails to prepare is preparing to fail.

2. He files multiple petitions or complaints for a cause that has been previously rejected. Forum shopping results when one seeks a favorable opinion (other than appeal/certiorari) in another forum or when he institutes two or more actions or proceedings grounded on the same cause, on the gamble that one or the other court would make a favorable disposition.

3. The lawyer, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.

A lawyer who Files a Motion for Extension of Time must act in good faith otherwise (bad faith) it is an obstruction of justice and the lawyer is subject to discipline. 4. Delay (See Canon 1, Rule 1.03: A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man’s cause.) To give us an illustration where a lawyer allowed his EXTENDED PERIOD TO LAPSE, I will give you ______________ who will TELL A STORY (not read ) about the case of Casals vs. Cusi. [CLICK]

Case: Casals vs. Cusi [CLICK] (Tells the facts of the story) [CLICK] (Tells the Court’s decision about the case) [CLICK: Next is SUMMARY and CONCLUSION OF THE REPORT]

SUMMARY and CONCLUSION OF THE REPORT