You are on page 1of 5

Chapter V: Lawyer’s Duties to Courts  It is unprofessional to deal other than candidly B.

Observing and Maintaining Respect Due the

with the facts in taking statements of witness, in Courts and Judicial Officers
A. Lawyer Owes Candor and Fairness to the Courts drawing affidavits and other documents and in
the presentation of causes. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
5.1. Lawyer’s duties to the court, generally  A lawyer is not under the obligation to suggest THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
arguments against his position. His personal OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
 A lawyer’s duties to the court are more belief in the soundness of his cause or of the OTHERS.
significant than those which he owes to his client authorities supporting it is irrelevant.
that is the administration of justice. Rule 11.01 - A lawyer shall appear in court properly attired.
 Accordingly, should there be a conflict between 5.3. A lawyer shall do no falsehood
his duty to his client and that to the court, he Rule 11.02 - A lawyer shall punctually appear at court
should resolve the conflict against the former  Rule 10.01 hearings.
and in favor of the latter.  He violates Rule 10.01 when he alleged in his
 A lawyer owes the court the duty to: complaint that his clients were lessees of a Rule 11.03 - A lawyer shall abstain from scandalous,
parcel of land and thereafter alleged, in an offensive or menacing language or behavior before the
1. Render no service or to do no act which involves application for registration of such land, that his Courts.
disrespect to the judicial office clients were owners thereof, for one such
2. Adoption of legal proposition which is not pleading is false. Rule 11.04 - A lawyer shall not attribute to a Judge motives
honestly debatable not supported by the record or have no materiality to the
3. Artifice or false statement of fact of law to 5.4. A lawyer should not misquote nor misrepresent case.
mislead the court
4. Unlawful conspiracy with his client, a third  Rule 10.02 Rule 11.05 - A lawyer shall submit grievances against a
person or judge tending to frustrate or delay the  A lawyer who deliberately made it appear that Judge to the proper authorities only.
administration of justice. the quotations in his motion for reconsideration
5. Secure for his client what is not legally due to were findings of the SC, when they are just part 5.6. Respect due to the courts
him. of the memorandum of the Court Administrator,
and who misspelled the name of the complaint  Canon 11
5.2. A lawyer should be candid and truthful to court and made the wrong citation of authority is  A lawyer violates Canon 11 when he threatens
guilty of Rule 10.02 the judge with the filing of an administrative
 Art. 8. Judicial decisions applying or interpreting charge if his motion is not granted.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND the laws or the Constitution forms part of the  The berating of the court researcher in his
GOOD FAITH TO THE COURT. legal system of the Philippines. pleading is disrespectful to the court itself
 A lawyer should not assert as meritorious his  One who openly defied the TRO issued by the CA
Rule 10.01 - A lawyer shall not do any falsehood, nor client’s case when he has in his possession is guilty of disrespect to the court
consent to the doing of any in Court; nor shall he mislead, adverse information or knowledge in regard
or allow the Court to be misled by any artifice. thereto 5.7. Obeying Court Orders

Rule 10.02 - A lawyer shall not knowingly misquote or 5.5. A lawyer shall not misuse rules of procedure  Court orders, however erroneous they may be,
misrepresent the contents of paper, the language or the must be respected especially by lawyers who are
argument of opposing counsel, or the text of a decision or  Rule 10.03 themselves officers of the court.
authority, or knowingly cite as law a provision already  Procedural rules are instruments in the speedy  A willful disregard thereof may subject the
rendered inoperative by repeal or amendment, or assert as and efficient administration of justice lawyer not only to punishment for contempt but
a fact that which has not been proved.  Macias v. Uy Kim. The filing by a lawyer of to disciplinary sanction as an officer of the court
multiple petitions regarding the same subject as well.
Reason: For the expeditious administration of justice matter constitutes abuse of the court’s processes
and improper conduct that tends to obstruct and 5.8. Defending judges from unjust criticism
Candor – the quality of being honest and open in degrade the administration of justice.
expression; frankness
 It is the duty of the lawyer to defend a judge administration of justice and prevents anybody Rule 12.05 - A lawyer shall refrain from talking to his
from unfounded criticism or groundless personal from harboring and encouraging discontent witness during a break or recess in the trial, while the
attack witness is still under examination.
 In special civil actions or proceedings, a judge 5.14. A lawyer shall not attribute to a judge improper
whose decision or order is under attack in a motives Rule 12.06 - A lawyer shall not knowingly assist a witness
higher court is merely a nominal party to misrepresent himself or to impersonate another.
 Rule 11.04
5.9. A lawyer shall appear in proper attire  The rule does not preclude a lawyer from Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
criticizing judicial conduct witness nor needlessly inconvenience him.
 Rule 11.01
 Violation of Rule 11.01 is contempt of court 5.15. A lawyer shall submit grievances to proper Rule 12.08 - A lawyer shall avoid testifying in behalf of his
authorities client, except:
5.10. Lawyer shall be punctual
 A lawyer is not barred from filing administrative a. on formal matters, such as the mailing,
 Rule 11.02 complaints against erring judges or from acting authentication or custody of an instrument, and
 Inexcusable absence from, or repeated tardiness as counsel for clients who have legitimate the like, or
in, attending a pre-trial or hearing may not only grievances against them b. on substantial matters, in cases where his
subject the lawyer to a disciplinary action, but  Rule 11.05 provides that such complaints should testimony is essential to the ends of justice, in
may also prejudice his client who, as a be addressed to the SC which event he must, during his testimony,
consequence thereof, may be non-suited,  If the lawyer filed an administrative complaint, entrust the trial of the case to another counsel.
declared in default or adjudged liable ex parte, as without exhausting such judicial remedies or
the case may be. awaiting the result thereof, he may be 5.16. Duty to assist in the administration of justice,
administratively held to account thereof. generally
5.11. A lawyer shall abstain from offensive language
or behavior C. Assisting the Court in Speedy and Efficient  Canon 12
Administration of Justice  A lawyer may be able to help the court in the
 Rule 11.03 due and orderly administration of justice by
 A lawyer’s arguments, written or oral, should be CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND doing no act that obstructs, perverts or impedes
gracious to both the court and opposing counsel CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND the administration of justice and by faithfully
and be of such words as may be properly EFFICIENT ADMINISTRATION OF JUSTICE. complying with all his duties to the court and to
addressed by one gentleman to another. his client
 XPN: He may use strong language to drive home Rule 12.01 - A lawyer shall not appear for trial unless he
a point. has adequately prepared himself on the law and the facts 5.17. A lawyer should come to court adequately
 The mistake of the judge in some of his rulings of his case, the evidence he will adduce and the order of prepared
does not warrant the use of offensive language its preferences. He should also be ready with the original
documents for comparison with the copies.  Rule 12.01 should be read in relation to Rule
5.12. A judge be courteous to lawyer to merit respect 18.02:
Rule 12.02 - A lawyer shall not file multiple actions arising
 The judge must also be courteous to the lawyer, from the same cause. Rule 18.02 - A lawyer shall not handle any legal matter
it is not one-way without adequate preparation.
Rule 12.03 - A lawyer shall not, after obtaining extensions
5.13. Upholding court’s authority and dignity of time to file pleadings, memoranda or briefs, let the Purpose: Without adequate preparation, he may not be
period lapse without submitting the same or offering an able to assist in the speedy administration of justice
 A lawyer should uphold the dignity and authority explanation for his failure to do so.
of the court and not promote distrust in the 5.18. A lawyer shall not file multiple actions
administration of justice. Rule 12.04 - A lawyer shall not unduly delay a case, impede
 Reason: In upholding the court’s dignity and the execution of a judgement or misuse Court processes.  A lawyer should not file several actions or
authority he avoids mistrust in the petitions arising from the same cause or seeking
substantially identical reliefs as those that had  There is forum shopping whenever, as a result of XPN: Ortiz v. CA. Unless he has personal knowledge of the
already been finally disposed of an adverse opinion in one forum, a party seeks a facts therein stated and gives justifiable reason or
favorable opinion in another forum, other than explanation why the party himself cannot sign the same.
5.19. Lawyer shall not resort to forum shopping appeal or certiorari
 Conduct of litigation in courts while there is a  The lawyer authorized by the Board of Directors
 Rule 12.02 pending administrative proceeding. may sign the certification of non-forum
 He is prohibited from filing a petition with the CA  Under Circular No. 04-94, application for search shopping.
or the RTC where a similar petition has been filed warrant need not contain a non-forum
or pending with the SC, and vice versa certification 5.22. Test to Determine Forum Shopping
 Purpose: To avoid forum shopping
 Rule 7, Sec. 5. 5.20. Duty to Disclose pending case  Test: Whether the elements of litis pendentia are
present or whether a final judgment in one case
Sec. 5. Certification against forum shopping — The  This requires disclosure of any pending case at will amount to res judicata in the other.
plaintiff or principal party shall certify under oath in the the time the initiatory pleading is filed, even if he  Where different groups have different interests,
complaint or other initiatory pleading asserting a claim for has withdrawn the pending case because before then their filing different petitions in the same
relief, or in a sworn certification annexed thereto and its dismissal said case is still legally pending. court, where they seek relief, does not constitute
simultaneously filed therewith: (a) that he has not  The fact that the initiatory pleading is not based forum shopping.
theretofore commenced any action or filed any claim on the same cause of action as the pending case  Res judicata requires:
involving the same issues in any court, tribunal or quasi- is not a valid excuse for non-compliance with the o There be a decision based on the
judicial agency and, to the best of his knowledge, no such disclosure requirement merits
other action or claim is pending therein; (b) if there is such o The court has competent jurisdiction
other pending action or claim, a complete statement of the 5.21. Verification must be signed by party, not his o The decision is final
present status thereof; and (c) if he should thereafter learn counsel; exception. o The two actions involve identical
that the same or similar action or claim has been filed or is parties , subject matter and causes of
pending, he shall report that fact within five (5) days  Forum shopping certification must be signed by action.
therefrom to the court wherein his aforesaid complaint or party because he has personal knowledge of the  PRC v. CA. The mere fact that an appeal by
initiatory pleading has been filed. facts petitioner is pending before the CA based on the
same transactions, essential facts and
Failure to comply with the foregoing requirements shall GR: Where there are two or more plaintiffs, they must circumstances and subject matter does not
not be curable by mere amendment of the complaint or both sign suffice to conclude that there was forum
other initiatory pleading but shall be cause for the shopping, absent any showing of identical issues
dismissal of the case without prejudice, unless otherwise XPN: Loquias v. Office of the Ombudsman. Unless the one raised.
provided, upon motion and after hearing. The submission who signs the verification and certification has been  It does not apply to compulsory counterclaims.
of a false certification or non-compliance with any of the authorized to execute the same by, and on behalf of, the  The filing of successive suits as part of an appeal
undertakings therein shall constitute indirect contempt of co-plaintiff or a special civil action does not constitute forum
court, without prejudice to the corresponding shopping because such remedy is a recognized
administrative and criminal actions. If the acts of the party Dar v. Alonzo-Legasto. If the joint parties are husband and and authorized remedy under the ROC an
or his counsel clearly constitute willful and deliberate wife involving their property, in which case only the exception to the rule against forum shopping
forum shopping, the same shall be ground for summary husband may file the verification.
dismissal with prejudice and shall constitute direct 5.23. Sanctions for violations
contempt, as well as a cause for administrative sanctions. If juridical person, it must be executed by a corporate
officer or agent duly authorized by its board of directors.  Subsequent filing of the certification does not
Forum shopping is the improper practice of going from cure the defect
one court to another in the hope of securing a favorable GR: The counsel may not sign the forum shopping  It shall be a ground for the dismissal of the
relief in one court which another court has denied or the certification complaint.
filing of repetitious suits or proceedings in different courts  Submission of a false certification shall constitute
concerning substantially the same subject matter. indirect contempt of court, without prejudice to
the disciplinary proceedings against the counsel
and the filing of a criminal action against the  It is improper for a lawyer to accept employment
guilty party  It is the duty of the lawyer to inform the client in a case where it would be his duty to attack the
that the appeal could be futile and will result to essential testimony to be given by his partner on
5.24. A lawyer shall file his pleadings within the the same outcome. behalf of the opposite side.
period  The failure of counsel to appeal an adverse
decision may subject him to disciplinary action D. Avoiding Impropriety that Tends to Influence
 Rule 12.03 for negligence in the performance of his duties the Court
 Where a lawyer’s motion for extension of time to to his client
file a pleading, memorandum or brief has  In the absence of advise from client, he must still CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
remained unacted by the court, the least that is perfect the appeal. If he believes that the client HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
expected of him is to file it within the period will not win over appeal, his liability will only be WHICH TENDS TO INFLUENCE, OR GIVES THE
 If he failed to file within the extension, he should
file a motion for leave of court to admit the 5.28. A lawyer shall not talk to a witness during Rule 13.01 - A lawyer shall not extend extraordinary
same, explaining therein the reason for delay recess attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
5.25. Duty to inform client’s death and change of  Rule 12.05
counsel’s address  Purpose: To avoid any suspicion that he is Rule 13.02 - A lawyer shall not make public statements in
coaching the witness what to say during the the media regarding a pending case tending to arouse
 It is the duty of the lawyer to inform the court, resumption of the examination. public opinion for or against a party.
within 30 days, of the death of his client in a
pending case and if the claim is not extinguished 5.29. A lawyer shall not assist a witness to Rule 13.03 - A lawyer shall not brook or invite interference
by such death, of the name of the deceased’s misrepresent by another branch or agency of the government in the
representatives, so that substitution of parties normal course of judicial proceedings.
can be effected.  Rule 12.08
 If no such notice is made, the court will proceed  The lawyer should avoid any such action as may 5.32. Lawyer should rely on merits of his case
to conclusion of the case as if the party is alive be misinterpreted as an attempt to influence the
and its decision thereon is binding upon the heirs witness what to say in court.  Canon 13
of the deceased.  Disciplinary action for violation of Rule 12.08  Reason: It lessen the confidence of the public in
 It is the duty of the counsel to inform the court the impartial administration of justice, and
about his change of address. Reason: because it 5.30. Lawyer shall not harass a witness should be avoided.
will unduly delay the disposition of the case.
 Breach of this rule entails disciplinary action  Rule 12.07 5.33. A lawyer shall not extend hospitality to a judge
against him.  A lawyer has the duty to always treat adverse
witnesses and suitors with fairness and  Rule 13.01
5.26. A lawyer shall not delay nor impede execution consideration.
of judgment  Improper speech is not excusable on the ground GR: The lawyer should not see the judge in chamber and
that it is what the client would say if speaking in talk to him about a case pending in his court
 Rule 12.04 his own behalf.
 Signature in a pleading constitutes a “certificate XPN: Where the lawyers of both parties are present or
by him that he has read the pleading; that to the 5.31. A lawyer shall avoid testifying for a client upon request of the judge for both lawyers to see him in
best of his knowledge, information, and belief chamber.
there is a good ground to support it; and that it is  Rule 12.08
not interposed for delay  Robinson v. US. It is improper for a lawyer to GR: It is not incumbent on a lawyer to refuse professional
 Violation of Rule 12.04 may be a ground for accept employment in a case in which he knows employment in a case because it may be heard by a judge
administrative liability and cost of suit. he or his partner will be a material witness for who is his relative, compadre or former colleague. The
the party seeking to employ him. responsibility not to sit is in the judge
5.27. Lawyer to discourage appellate review
XPN: Unless he is both free from bias and from the  As a citizen and officer of the court, a lawyer is
appearance thereof. expected not only to exercise the right but also
to consider it his duty to expose the
5.34. A lawyer shall not publicly discuss pending shortcomings and indiscretions of courts and
cases judges.

 Rule 13.02 5.38. A lawyer shall not invite judicial interference

 Reason: It may interfere with a fair trial in court
and otherwise prejudice the impartial  Rule 13.03
administration of justice.  Reason: A lawyer who brooks or invites
 The restriction does not prohibit issuance of interference by another branch or agency of
statements by public officials charged with the government in the normal course of judicial
duty of prosecuting or defending actions in court proceedings endangers the independence of the
 The statement should avoid any statement of judiciary.
fact likely to create an adverse attitude in the
public mind respecting the alleged action of the
defendants to the pending proceedings.
 Nestle v. Sanchez. Picketing while a labor case is
pending is an attempt to influence the court

5.35. Criticism of pending and concluded litigation

 The court must insist on being permitted to

dispose of its business in an orderly manner, free
from outside interference obstructive of its
function and tending to embarrass the
administration of justice while the case is
 Criticism can be valid after the rendering of the
final judgment.
 It has been held that a newspaper publication
tending to impede, construct, or embarrass or
influence the courts in administering justice in a
pending case constitutes criminal contempt, but
the rule is otherwise after the litigation is ended.

5.36. Limitations on right to criticize

 Where by law or resolution of the SC

proceedings, such as disciplinary actions against
judges and lawyers, must be conducted in secret
or considered confidential for the proper
administration of justice until their final
adjudication, they should not be given publicity
by the press.

5.37. Right and duty of lawyer to criticize courts