Prayer in relation to the Lawyer and the Courts

In Benedictine spirituality, prayer is both individual and communal, and

includes prayerful reflection on scripture (Lectio Divina). In the Rule,
Benedict tells us, "Hold nothing dearer than Christ," and encourages us that
when it's time for prayer, we shoud drop everything and get on with it. Prayer
is the Opus Dei -- the "work of God." Benedict teaches that the ordinary
things of daily life, done carefully and lovingly, with attention and
reverence, can be a way of prayer, a way to God. Benedict advises,
"Prayer ought to be short and pure." (Rule, Ch. 20.)
For Benedict, prayer is inseparable from living and working; it's
integrated completely with life, in all its joys and sorrows. We can build all kinds
of cues into life to call us to prayer. Remember that Church bells used to be
rung to call people outside to lift up their hearts in prayer. Likewise, the
telephone ringing and the knock on the door can be calls to stop what we are
doing, recall the truth about what we are about to undertake and pray for grace
to serve Christ in it. Benedict went to great pains to develop a balanced system
of worship. His understanding was that common prayer, and private prayer and
recollection, were absolutely necessary for a healthy spiritual life. 1

Lawyers duty to the court:

1. Respect and loyalty
2. Fairness, truth and candor
3. No attempt to influence courts

CANON 10 A Lawyer owes candor, fairness and good faith to the court.
Rationale: The burden cast on the judiciary would be intolerable if it could not
take at face value what is asserted by counsel.

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
mislead by any artifice.
A lawyer must be a disciple of truth. His high vocation to the court as an
officer thereof is to correctly inform the court upon the law and the facts of the
1 Benedictine Spirituality for the Agora Michael Anne Haywood, 2003, which
can be found at http://home.earthlink.net/~haywoodm/BenedictineSp.html

case and to aid in doing justice and arriving at correct conclusion. The courts
are entitled to expect only complete honesty from lawyers appearing and
pleading before them. While a lawyer has the solemn duty to defend his clients
cause, his conduct must never be at the expense of the truth. (Young v.
Batuegas, A.C. 5379, May 2003)
The lawyer should not, in the defense of his client, distort the facts in
disregard of the truth and the law by putting a witness on the stand whom he
knows will give a false testimony. (People v. Manobo, 18 SCRA 30, 1996)

Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the

contents of the paper, the language or the argument of opposing counsel, or
the text of a decision of 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 approved.
Rationale: It would lead to the detriment of other courts, layers and the
public who may be misled.

Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.
The Rules on Procedure is intended to facilitate the delivery of justice to
those whom it is due without unnecessary expense and waste of time for truly
justice delayed is justice denied.

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.
Rationale: Disrespect toward 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.
All lawyers are expected to recognize the authority of the Supreme Court
and obey its lawful processes and orders. Despite errors which one may impute
on the orders of the Court, these must be respected, especially by the bar or
the lawyers who are themselves the officers of the court (Yap-Paras v. Atty.
Paras, A.C. 4947, June 7, 2007)

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.
Respectful subordination Even those gifted with superior intellect, are
enjoined to rein up their tempers (Zaldivar v. Gonzales, 166 SCRA 316, 1988)
Lawyers must be respectful not only in actions but also in the use of
language whether in oral arguments or in pleadings.

Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by
the record or having no materiality to the case.
Primary duty to assist the court in the administration of justice. The
relation between counsel and judge should be based on mutual respect and on
a deep appreciation by one of the duties to the other cordial relationship and
mutual cooperation for speedy and efficient justice (Cervantes v. Atty. Sabio,
A.C. No. 7882)

Rule 11.05 A lawyer shall submit grievances against a judge to the proper
authorities already.
A lawyer is an officer of the court. He occupies a quasi-judicial office with
a tripartite obligation to the courts, to the public and to his clients. The public
duties of the attorney take precedence over his private duties. His
first duty is to the courts. Where duties to the courts conflict with his duties
to his clients, the latter must yield to the former.
Criticisms of courts must not spill the walls of decency. There is a
wide difference between fair criticism and abuse and slander of courts
and judges. Intemperate and unfair criticism is a gross violation of the duty to
respect the courts. It amounts to misconduct which subjects the lawyer to
disciplinary action. A mere disclaimer of any intentional disrespect by appellant
is not a ground for exoneration. His intent must be determined by a fair
interpretation of the languages employed by him.
He cannot escape
responsibility by claiming that his words did not mean what any reader must
have understood them to mean.
A lawyer can demand that the misbehavior of a judge be put on record.
Lawyers must be courageous enough to expose arbitrariness and injustice of
courts and judges. A lawyer may submit grievances against judges in the

Supreme Court, Ombudsman, or Congress (for impeachment of SC judges

only).2

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 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 documents for comparison with the copies.

Rule 12.02 A lawyer shall not file multiple actions arising from the same
cause.
Forum shopping omission to disclose pendency of appeal or prior
dismissal of his case by a court of concurrent jurisdiction. Forum shopping
exists when as a result of an adverse opinion in one forum: a party seeks
favorable opinion (other than by appeal or certiorari) in another; or when he
institutes two or more actions or proceedings grounded on the same cause, on
the gamble that one or the other would make a favorable disposition (Benguet
Electric Corp. vs. Flores, 287 SCRA 449, March 12, 1998).
The most important factor in determining the existence of forumshopping is the VEXATION caused the courts and party-litigants by a party who
asks different courts to rule on the same related causes, asking the same relief.
Forum shopping constitutes DIRECT CONTEMPT of court and may subject the
offending lawyer to disciplinary action.

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.
2 Legal Ethics Chapter III The Lawyer and the Courts, which can be found at
http://lawphilreviewer.wordpress.com/tag/legal-ethics-chapter-iii-the-lawyerand-the-courts/

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.
Rights and obligations of a witness a witness must answer questions,
although his answer may tend to establish a claim against him. However, it is
the right of a 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 interest of justice requires;
3. not to be examined except only as to matters pertinent to the issue;
4. not to give any answer which will tend to subject him to a penalty for an
offense unless otherwise provided by law, or
5. not to give answer which will tend to degrade his reputation, unless it be
to 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. (Rule 132, Sec. 3, RRC)

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.
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.
The judge has the corresponding duty not to convey or permit others to
convey the impression that they are in a special position to influence the judge.
Discussing cases with the judge privately should be avoided.

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.
Test when public statement is contemptuous: the character of the act done
and its direct tendency to prevent and obstruct the discharge of
official duty. 3

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.
To warrant a finding of prejudicial publicity, there must be an allegation
and proof that the judges have been unduly influenced, not simply that they
might be, by the barrage of publicity. Lawyer is equally guilty as the client if
he induces the latter to cause the publicity.

3 Ibid.