The Lawyer and the Courts

Chapter III
Chapter III
Canon 10- Lawyer Owes Candor and Fairness
to the Courts.

Canon 11- Observing and Maintaining Respect
Due the Courts and Judicial Officers.

Canon 12- Assisting the Court in Speedy and
Efficient Administration of Justice.
Canon 10
A Lawyer Owes Candor, Fairness and
Good Faith to the Court

Reason: (T)he burden cast on the judiciary
would be intolerable if it could not take at face
value what is asserted by the counsel (Munoz v.
People, 53 SCRA 190).
Canon 10: Rationale

1. It is time-consuming for the court to verify all
the allegations that every lawyer submit (id).

2. In defending the cause of their client, every
lawyer should not do such at the expense of
deviation from the truth (id).
Lawyer is an Officer of the Court- He is like
the Court itself.

As an officer of the Court, it is his sworn and
moral duty to help build and not destroy
unnecessarily that high esteem and regard
towards the courts so essential to the proper
administration of justice (Lacson Jr. v. CA).
As an officer of the Court, a lawyer must act with
candor, fairness and good faith.

Example of Lawyers Display of Candor:
Case: Director of Lands v. Adorable, 77 Phil. 488

Example of Lawyers Dishonesty towards the
court:
Case: Carlet v. CA, 275 SCRA 110
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.

Under the Lawyers Oath, a lawyer shall:
Do no falsehood
Not consent to the doing of any in court
Conduct himself as a lawyer to the best of his
knowledge and discretion with all good fidelity to
the court.
Not to misled a judge



Cases of Falsehoods Which Merited
Discipline:
Lawyer concealing the fact that he was charged
with or convicted of a crime, in an information
sheet required by law in connection with its
employment (Calo v. Degamo, 20 SCRA 447).
Use of fictitious residence certificate by a notary
public (Roces v. Aportadera, AC No. 2936, March
31, 1995).
Lawyer uttering falsehood in a Motion to Dismiss
(Martin v. Moreno, 129 SCRA 315).


Rule 10.02
A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, or the
language or argument of the opposing counsel
or the text of a decision or authority or shall cite
as a law a provision which has been rendered
inoperative by repeal or amendment or assert as
a fact that which has not been proved.
1. Knowingly misquoting or misrepresenting
a. Contents of a paper
b. Language or argument of opposing counsel
c. Text of a decision or authority

Rules in Quotation of a Decision
1. The quotation shall be made verbatim to
avoid misleading the court.

Case: The Insular Assurance Co. Employees v.
Insular Life Assurance Co., 37 SCRA 244
Rules in Quotation of a Decision
2. Syllabus of a case shall not be cited in place
of the text in the decision.
Case: Allied Bank Corp. v. CA, 416 SCRA 65


3. Typographical error in citation of an authority
is not contemptuous.
Case: Del Rosario v. Chingcuangco, 18 SCRA 1156
2. Knowingly citing as law, a provision already
rendered inoperative by repeal or
amendment.
Lawyers must not intentionally read or interpret
the law to the point of distortion in cunning effort
to achieve their purpose (Banogon v. Cerna).



3. Asserting as a fact that which has not been
proved.

Case:
Adez Realty, Inc. v. CA, G.R. No. 100643

Rule 10.03
A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of
justice.

Reason: Procedures are instruments in the
speedy and efficient administration of justice.
They should be used to achieve such end and
not to derail it (Agpalo, Legal Ethics).


Rule 10.04
A lawyer shall, when filing a pleading, furnish
the opposing party a copy thereof together with
all the documents annexed thereto. Except
when the motion is ex parte, he should set it for
hearing with sufficient notice to the other
party.
Reason: This is to promote fair play between
parties and to avoid unfairness, surprises and
backstabbing.

Exception to the Rule:
Those made in the open Court or in the course of
hearing (Section 2, Rule 15, RRC).
Motions which do not prejudice the rights of the
adverse party may be heard and considered ex
parte.

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
Reason: Disrespect towards the court would
necessarily undermine the confidence of the
people in the honesty and integrity of the
members of the court, and consequently to
lower or degrade the administration of justice
by the court.
Rule 138, Section 20, RRC


Lawyers are officers of the Court and his
duty to the courts is above than his duty to his
client.

Respect due to the Courts and Judicial Officers
must be maintained.
Case: In re: Almacen, 31 SCRA 581


What is the highest sign of respect to the
Courts?
Obedience to Court Orders and Processes

What constitutes contempt, as violation of
this canon?
Those pleadings which contains derogatory,
offensive or malicious statements
Case: Wicker v. Arcangel 252 SCRA 445




Should the lawyer then abstain from criticizing
the Court?
No. Provided:
1. Criticism must not spill over the walls of decency
Case: Zaldivar v. Gonzalez, 166 SCRA 316
2. Made within the metes and bounds of laws.
3. Made in good faith.
Case: Francisco Jr. v. UEM-MARA Phils Corp.,
536 SCRA 520
Rule 11.01
A lawyer shall appear in Court properly
attired.

Reason: to maintain dignity and respectability
of the legal profession.

Court can hold a person in contempt of court if he
or she appears not in proper attire.


Rule 11.02
A lawyer shall punctually appear at court
hearings.

Reason: Lack of punctuality interferes in the
speedy administration of justice (Canon 7,
CPE)

Effects if a lawyer is not punctual:
Failure to appear in time in a pre-trial conference
may result in the non-suit or the dismissal of the
complaint for failure to prosecute or in the
declaration of the defendant as in default (Rule
20, Section 1, RRC).
Counsel may be held in contempt of Court (Rule
71, Section 3, RRC).


Rule 11.03
A lawyer shall abstain from scandalous,
offensive or menacing language or behavior
before the courts.

Reason: A lawyer owes to the court the duty to
observe and maintain a respectful attitude for
the maintenance of its supreme importance.
(Canon 1, CPE)

Lawyers Language should be dignified
Canon 8.01 vs. Rule 11.03, Canon 11

Contemptuous act of a lawyer as violation of
this rule:
Case: Montecillo v. Gica, 60 SCRA 235
Rule 11.04
A lawyer shall not attribute to a judge motive
not supported by the record or have no
materiality to the case.

Reason: Lawyer has the right, as an officer of
the Court to expose arbitrariness and injustices
of Courts and Judges, in order to administer
justice effectively (Agpalo, Legal Ethics)
Lawyer must not attribute to a judge motives nit
supported by the record or which are immaterial
to the case.
Case: People v. Carillo, 77 Phil. 572
Judge Cervantes v. Atty Sabio, A.C. No. 7828

Lawyer can demand that the misbehavior of a
Judge be placed on record
Case: In re: Aguas 1 Phil. 1


Rule 11.05
A lawyer shall not criticize the personal or
official conduct of a judge in an insulting and
intemperate language.

Reason: A lawyer, in making his criticism to the
Courts or Judges must uphold the dignity and
respect for the Court (Agpalo, Legal Ethics).

Constructive vs. Destructive Criticism.

In making a criticism, constitutional freedom
of free speech cannot shield an erring lawyer.
Case: In re: Abistado 57 Phil 674
Rule 11.06
A lawyer shall submit his grievances against the
judge to proper authorities only.

Reason: The Supreme Court shall have
administrative supervision over all courts and
personnel thereof (Section 5(5), Article VIII,
Constitution).
Limitations for Submitting Grievances:
Made to proper authorities only (Rule 11.06)
Made within the metes and bounds of laws.
Must be bona fide and does not spill over the
walls of decency and propriety (Zaldivar v.
Gonzalez).

Nature Judges Justices
Administrative Supreme Court Supreme Court
Purely Criminal
and not purely
Administrative
Ombudsman Ombudsman
Impeachable N.A. Congress
However, if the Criminal complaint against
Judges in connection with their duties as
much must be filed with the Supreme Court
and not with the Ombudsman.

Case: Maceda v. Vasquez and Atty. Abierra
Canon 12

A lawyer shall exert every effort and
consider it his duty to assist in the
speedy and efficient administration of
Justice
Reason: All persons shall have the right to a
speedy disposition of their cases before all
judicial, quasi-judicial or administrative bodies
( Article III, Sec. 16 Constitution).
Acts which obstruct the administration of
justice are condemned.
Case: People v. Jardin
Rule 12.01
A lawyer shall not appear for trial unless he has
adequately prepared himself with 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 document for
comparison with the copies.

Reason: Inadequate preparation obstructs the
administration of justice (Martins Legal Ethics)
Lawyer should be:
Ready with admissible evidence (Rule 130, Section
3, RRC)
Abreast of the law and legal development (Fajardo
v. Dela Torre)

Rule 12.01 vs. Rule 18.02

Rule 12.02
A lawyer shall not file multiple actions arising
from the same cause.

Reason: Filing multiple actions arising from the
same cause is trifling to the courts of justice
consuming its time and resources (Pineda, Legal
Ethics).

Forum-Shopping: The institution of two or
more actions grounded on the same cause on
the gamble that on or the other court would
make a favorable disposition (Chemphil Export
and Import Corp. v. CA, 260 SCRA 247).
Essential Element: two or more cases are
pending involving the same parties, causes of
action and reliefs prayed for (Carlet v. CA)
Prevention of Forum-Shopping:

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;

b)if there is such other pending action or claim, a
complete statement of the present status thereof;
and

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. (Section 5, Rule 7,
RRC)

Penalties for Forum Shopping:
The punishment is the dismissal of all actions
pending in the different courts without prejudice
to the taking of appropriate actions against the
counsel or party concerned.

Forum shopping is not applicable to
disbarment proceedings (Gonzalez v. Alcaraz).

General Rule:
A certification against forum shopping must be
signed by the client and not by the counsel.
Otherwise, it is equivalent to non-compliance with
the Rules of Court and is defective (Far Eastern
Shipping co. v. CA)



Exception:
When the counsel attests in the certification that he
has personal knowledge of the facts stated and gives
justifiable reasons why the party himself cannot sign
the same (Ortiz v. CA)

A lawyer must not abuse his right of recourse
to the Courts

Case: Garcia v. Francisco, AC No. 3923
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.


A lawyer who asked for extension of time
must act in good faith.
Case: Achacoso v. Court of Appeals, 51 SCRA 424

Lawyers should file their pleadings on time or
they suffer the consequences.
Case: De Roy v. CA
Rule 12.04
A lawyer shall not unduly delay a case, impede
the execution of a judgment or misuse Court
processes.

Reason: It is the duty of the lawyer to assist in
the realization of speedy and efficient
administration of justice (Pineda, Legal Ethics).

Execution of final decision should not be
unduly thwarted.
Case: Uypuanco v. Equitable Banking Corp.
27 SCRA 1272

Lawyers should not misuse the rules of
procedure.
Case: Gomez v. Presiding Judge, RTC Br. 15, Ozamis
City, 249 SCRA 432
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.

Reason: to avoid any suspicion that he is
coaching the witness of what to say during the
resumption of the examination (Agpalo, Legal
Ethics).
Rule 12.06
A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate
another.

Reason: A lawyer has solemnly sworn before the
Supreme Court that he will do no falsehood nor
consent to the doing of any in Court (Pineda,
Legal Ethics).
Rule 12.07
A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.

Reason: 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 (Rule 138, Section 20, RRC).

Rights of the Witness:
(1) To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
(2) Not to be detained longer than the interests of
justice require;
(3) Not to be examined except only as to matters
pertinent to the issue;
(4) Not to give an answer which will tend to subject him
to a penalty for an offense unless otherwise provided
by law; or
(5) Not to give an answer which will tend to degrade his
reputation, unless it to be the very fact at issue or to a
fact from which the fact in issue would be presumed.
But a witness must answer to the fact of his previous
final conviction for an offense. (3a, 19a)


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.

Reason: There are differences in the function of
a lawyer and a witness. And due to that
difference, the lawyer will find it hard to
disassociate his relation to his client as an
attorney and his relation to the party as a
witness.

Case: Santiago v. Rafanan, 440 SCRA 91
Thank You!