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CANON 10 – A LAWYER OWES CANDOR, FAIRNESS AND GOOD

FAITH TO THE COURT.

He is an officer of the court exercising a privilege, which is indispensable in the


administration of justice.

If he were to act other than candidly, fairly, and truthfully, the administration of
justice will suffer as a result thereby.

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.

He swore, upon his admission to the practice, that will do no falsehood


and conduct himself according to the best of his knowledge and discretion
with all good fidelity to the court and to his client; never to seek to
mislead the courts by an artifice or false statement of fact or law.

The oat embodies the fundamental duties of a lawyer, which he must


honor as there would be a great detriment to, if not a failure of, the
administration of justice if courts could not rely on the representations of
the lawyers in the handling of their cases.

Cases of falsehood:
 stating in the Deed of Sale that property is free from all liens and encumbrances
when not so
 encashing check payable to a deceased cousin by signing the latter’s name on the
check
 falsifying a power of attorney and using it in collecting the money due to the
principal
 alleging in one pleading that the clients were mere lessees and in another pleading
that the same clients were owners
 presenting falsified documents in court which he knows to be false
 filing false charges on groundless suits
 using in pleadings the IBP number of another lawyer
 unsolicited appearances
 use of fictitious residence certificate
 misquotation/misrepresentation
 citing a repealed or amended provision
 asserting a fact not proved
 verbatim reproductions down to the last word and punctuation mark
 slight typo mistake: not sufficient to place him in contempt
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.

A lawyer who deliberately made it appear that the quotations in his motion for
reconsideration were findings of the Supreme Court, when they were just part of
the memorandum of the Court Administrator, and who misspelled the name of the
complainant and made the wrong citation of authority.

New Civil Code, Article 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the Philippines.

Thus, ever present is the danger that if not faithfully and exactly quoted, the
decisions and rulings of the Supreme Court may lose their proper and correct
meaning, to the detriment of other courts, lawyers, 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.

Rules of procedure offer innumerable opportunities and means for delay and to
defeat the ends of justice.

Procedural rules are instruments in the speedy and efficient administration of


justice. They should be used to achieve such end and not to derail it.

While a lawyer owes fidelity to the cause of his client, it should not be at the
expense of truth and administration of justice

A judicious study of the facts and the law should advise him when a case should
not be filed, as it would only clutter the dockets.