Ethics is defined as a general study of the moral life,
i.e. the nature and morality of human acts. Necessarily, we have to back to …
MORALITY -- the quality of human acts – as
to whether they are good or evil
➢ Ethics is the ordering of human acts as to
whether they are good or evil.
➢ It involves the making of value judgments
Ethics necessarily concerns the Human Person as an Actor
Also essentially NORMATIVE – telling the what
the human person what he ought to do to be able to perfect himself, to do good in order to reach the Ultimate Good. We have then to understand the nature of man …
✓ Spiritual - Intellect + Will
✓ Corporeal – through which one deals with the world Through the INTELLECT ☞ man knows and reasons. It is directed towards the truth. Through the Will …
the human person chooses.
the will is necessarily directed
toward the Good. Important to know – The 5 Basic Inclinations of Man (Cf. Rice C. and Davitt, T., S.J.) (E. H. Villareal)
● Seek the Good,
including the highest good, which is eternal union with his Creator ● Preserve himself in existence (Primacy of Life) ● Preserve the species (Promotion and Preservation of Life) ● Live in community with others (“Man is essentially a Social Being”) ● Use his intellect and will – know the truth and make decisions. Added Dimension: Being Public Officers ▪ Public office is a public trust. Public officers and employees must at all times be accountable to the people , serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. (§1, Art. XI, 1987 Phil. Constitution)
▪ Standards of Conduct (RA 6713)
▪ Commitment to Public Interest ▪ Professionalism ▪ Political Neutrality ▪ Responsiveness to Public Standards of Conduct (RA 6713) ➢ Nationalism and Patriotism ➢ Commitment to Democracy ➢ Simple Living
Duty to “Promptly” Act, Reply and Serve
Human Acts acts done knowingly freely and voluntarily - versus - Acts of Man acts done without deliberation or volition Elements of a Human Act
Object -- answers the question “What am I doing?”
Intention – motive/s of the agent
Circumstances – important and relevant
modifications of the human act Elements of a Human Act
▪ Object - the will chooses a course of action
- a moral object (“moral” referring to the quality of human acts if they are good or evil) ▪ “end of the action” – finis operis ▪ It may be good (praying), bad (lying), or indifferent (taking a walk). (cf. FSU 2, Belmonte, ed.) Elements of a Human Act ▪ Intention of the Agent (finis operantis)
▪ means toward an immediate end
▪ although objects may be indifferent as mentioned, all human actions, in this context, are either good or evil Morality of the Action ▪ The morality of the object and the morality of the end (or intention) may not be the same. ▪ Thus, A can cheat a client (bad object) in order to pay his employees’ salaries fully on time (good intention), or send a gift (good object) in order to ask an official for an undue benefit (bad intention). Morality of the Action ▪ When the object is seemingly indifferent, a good or bad intention makes the action good or bad respectively. For the individual actor then, there are really no indifferent actions. ▪ A good intention makes a good object better. If the object is bad, the action becomes less bad, but never completely good. Morality of the Action ▪ It is thus not licit to do something bad for a good end. THE END DOES NOT JUSTIFY THE MEANS. ▪ A grievously evil intention makes a good object result in a bad action. A bad action action becomes a worse action. (FSU2; Belmonte, ed.) Multiple Effect Actions A single action may produce several proximate effects – some good, some bad. To illustrate: one action but with two effects – one good and one bad – the classic case of DOUBLE EFFECT. To make the action good – ➢ The object of the action considered in itself (finis operis) must be morally good or indifferent. Multiple Effect Actions - The object is good if the good effect is what follows necessarily and by itself from the action. The bad effect should only follow accidentally (per accidens). ➢ The end (or intention) of the agent must also be good. THE AGENT MUST EXCLUSIVELY SEEK THE GOOD EFFECT. Multiple Effect Actions ➢ There must be a proportionately serious cause for doing the action and allowing the bad effect to happen. ➢ The seriousness of the cause is measured in relation to the importance of the good effect. The cause is all the more serious according to the following indications: - the more serious the indirectly caused evil - the closer the influence of the action in the bad effect - the more probable the bad effect - the greater the obligation due to one’s office to prevent the evil effect. (cf. STA; FSU2 – Belmonte, ed.) The consideration of “OIC” can be a useful tool in analyzing, evaluating, and even deciding bar discipline cases. We need to develop GOOD HABITS to be “ethical.” (Educator James Stenson)
➢ Sound Judgment & Conscience (Prudence) – right reasoning about
people (clients, judges, govt. functionaries, fellow workers, etc.), ability to make distinctions: good vs. evil, truth from falsehood, the beautiful and noble vs. squalid ➢ Responsibility (Justice) - recognizing and respecting the rights of others (which is the source of our obligations), sense of duty for the welfare and happiness of others, accepting consequences for our decisions – cf. duty to society, duty to the legal profession, duty to the courts, and duty to clients (Code of Professional Responsibility) ➢ Courageous Perseverance (Fortitude) – the will and ability to overcome or endure difficulties, not to seek escape; the power to withstand hardship (even physical pain or humiliation), ability to rebound from disappointments (☺ There is no such thing as failure; in case of any disappointment, we gain experience.) ➢ Self-Mastery (Temperance) – the ability to say “no” to one’s self, to defer or to do without gratification, the power to overcome passions and appetites, and the habit of enjoying the good things in life in moderation. Revisit the Lawyer’s Oath
I, __________, having been permitted to continue in the practice of
law in the Philippines, do solemnly swear that I recognize the supreme authority of the Republic of the Philippines; I will support its Constitution and obey the 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 in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of may knowledge and discretion with all good fidelity as well as to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God. A Matter of Virtue ▪ We should not lose sight that the practice of law is oriented towards the Good, inasmuch as the same way that our being persons is oriented towards the Good. ▪ We have to develop good habits, and avoid bad ones (i.e. vices). ▪ Basic in us is the living out of the 4 BASIC HUMAN Virtues. But to live them, we may want to consider one more “good habit” … Audacity (Daring!) ▪ Setting out and completing courses of action which may “seem imprudent” ▪ This involves … ▪ Calm and careful assessment of facts and other information, sensitivities, where people are coming from ▪ Taking account of possible risks ☞ All to achieve a GENUINE GOOD. Needed : control over one’s body/passions Combat vs. • Rashness • Cowardice • Despair (Absence of Hope) ☞ Mandatory: Fighting and Sporting Spirit ☞ Required: Nobility of Purpose (High Moral Character) ▪ In other words,
we have to be HEROIC! Free and Prior Informed Consent (FPIC) meets Legal Ethics
Prof. Eugenio H. Villareal
Ateneo de Manila Law School October 2016 Legal Ethics Legal ethics therefore is the study of the nature and quality of human acts particular to the legal profession. It studies the lawyer as the agent of human acts, one who acts in the world using his intellect and will and through his body, in full freedom and responsibility. The textbook definitions of legal ethics are consistent with this understanding.
Legal Ethics – “the embodiment of all principles of
morality and refinement that should govern the conduct of every member of the bar.” (Justice M. Moran’s Foreword to Malcolm’s Legal & Judicial Ethics, 1949) “It is that branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession, and to the public.” (Malcolm, ibid.) The Practice of Law: A Calling and Profession; A Matter of Duty The “practice of law” means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience. To practice law is to give notice or render any kind of service, which service requires the use in any degree of legal knowledge. The work done involves the determination by the trained legal mind of the legal effect of facts and conditions. (Cayetano v. Monsod, 201 SCRA 210) It is a profession and not a business. It is not primarily meant to be a money-making venture. The gaining of a livelihood is a secondary consideration. Duty to public service and to the administration of justice should be the primary consideration. The practice of law is a noble calling. (A.C. No. 5713, Burde v. Atty. Alberto Mangueta, 10 June 2003) “The advocate has more than a private fiduciary relationship with a client; he also has a public trust. x x x In his counseling and planning functions, the attorney not only expedites his client’s wishes and lightens the work load of the courts; he enforces the law as well.” (Judge Simon Rifkind) REVISIT the Lawyer’s Oath
– “I will maintain allegiance to the
Republic; x x x support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities.” – “I will do no falsehood, nor consent to the doing of any in court.” – “I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same.” “I will delay no man for money or malice.” “(I) will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well as to the courts as to my clients.” In fulfilling all the above, the lawyer implores the aid of God. ☺ This only means that our laws on the legal profession acknowledge an Ultimate Good as to which all the actions and omissions of its members must tend and be accordingly measured. Not only therefore must the lawyer observe positive law, but also Natural Law – the “manufacturer’s manual” placed in man’s heart by his Creator. Hence, “the nature of the office of a lawyer requires that he shall be of good moral character. This qualification is not only a condition precedent to admission … but its continued possession is essential to maintain one’s good standing in the profession.” (Dayan, etc. v. Atty. N. Espiritu, AC No. 5542, 20 July 2006.” “(H)e should make himself more an exemplar for others to emulate. He should not therefore engage in any unlawful, dishonest, immoral or deceitful conduct. He makes himself unfit to remain in the profession who commits any such unbecoming act or conduct.” (Ting-Dumali v. Torres, AC No. 5161, 427 SCRA108) “From a lawyer, to paraphrase Justice Felix Frankfurter, are expected those qualities of truth …., a high sense of honor, full of candor, intellectual honesty, and the strictest sense of fiduciary responsibility – all of which, throughout the centuries, have been compendiously described as moral character.” (Albano, et al., 2004, citing CJ Fred Ruiz Castro, “Apostacy in the Legal Profession,” 64 SCRA 784, 789-790) “The law profession is a noble calling and the privilege to practice it is bestowed only upon individuals who are competent and FIT to exercise it” (Sanchez v. Somoso, AC No. 6061, 412 SCRA 569) Some Canons from the CPR C1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.
C2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE PROFESSION. C4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. Some Canons from the CPR C6 -THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.
▪ R6.02 - A lawyer in the government service shall not use
his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. ▪ R6.03 - 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. Some Canons from the CPR C7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION … R7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. CA8 - LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. R8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Some Canons from the CPR
C14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO
THE NEEDY. C15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
▪ R15.06 - A lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative body. ▪ R15.07 - A lawyer shall impress upon his client compliance with the laws and principles of fairness. Some Canons from the CPR CA17 - LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
C18 - A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
C19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH
ZEAL WITHIN THE BOUNDS OF THE LAW.
C21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED Let it be clear that what the lawyer provides are legal services. Duty to Preserve Client’s Confidence This is a perpetual duty. It outlasts the professional employment, and continues even after the death of the client. This sacred duty finds its source in the inherent need for full disclosure of the facts by the client to his attorney so as to ensure adequate legal representation. Respect For The Courts!!! A lawyer was fined by the Supreme Court for uttering statements aimed at influencing the members of the High tribunal in deciding the constitutionality of the Plunder Law in the then pending Estrada v. Sandiganbayan. The lawyer said that his group was greatly disturbed by rumors that the Supreme Court was out to declare the said law as unconstitutional for vagueness, warning that the same will trigger mass actions more massive than People Power II. In answer to the lawyer’s defense of his utterances being protected by freedom of speech, the High Court said that while the same includes the right to know and discuss judicial proceedings, it does not cover statements aimed at undermining the Court’s integrity and authority, and interfering with the administration of justice. (A.M. No. 01-2-03-SC, Atty. Leonard de Vera, 29 July 2002). It is the bounden duty of counsel to check, review, and re-check the allegations in his pleadings, more particularly the quoted portions, and ensure that the statements therein are accurate and the reproductions faithful, down to the last word and punctuation mark. The distortion of facts, misquoting or intercalating phrases in the text of a court decision is a grave offense and a serious violation of the lawyer’s oath/CPR. (Adez Realty, Inc. v. CA, 212 SCRA 623) Counsel failed to appear for trial three (3) times. This resulted in the court ruling a waiver to present evidence. Counsel tried to explain that he was not negligent, but it was due to his burden of being the campaign manager of a political party. The Court found him negligent. Lawyers are reminded to handle only as many cases as they can efficiently handle. IT IS NOT ENOUGH THAT A LAWYER IS QUALIFIED TO HANDLE A LEGAL MATTER, HE IS ALSO REQUIRED TO PREPARE ADEQUATELY AND GIVE THE APPROPRIATE ATTENTION TO HIS LEGAL WORK. A lawyer owes entire devotion to the cause of his client, warmth and zeal in the defense and maintenance of his rights, and the exertion of his learning and utmost ability that nothing can be taken and withheld from his client except in accordance with law. (A.C. No. 5854, Miwa v. Atty. Rene Medina, 30 September 2003) IPRA 1997 (RA 8371) The challenge is to live out – Free and Prior Informed Consent (FPIC):
“the consensus of all members of the Indigenous Cultural
Communities/Indigenous Peoples (ICCs/Ips) to be determined in accordance with their respective customary laws and practices, free from any external manipulation, interference and coercion, and obtained after fully disclosing the intent and scope of the activity, in a language and process understandable to the community.” (§3[g]) IPRA 1997 (RA 8371) FPIC is based on the natural law and time-honored social philosophy principle called SUBSIDIARITY – all societies of a superior order must adopt attitudes of help (subsiduum) of support, promotion, and development with respect to lower order societies. The State must refrain from anything that would de facto restrict the existential space of smaller (but) ESSENTIAL cells of society – whose initiative, freedom, and responsibility must not be supplanted. (CSDC 186, cf. Quadregisimo Anno) IPRA 1997 (RA 8371) From subsidiarity necessarily follows PARTICIPATION – expressed in a series of activities by means of which the citizen, individually or in association with others, whether directly or through representation, contributes to the cultural, economic, political, and social life of the civil community where he or she belongs. It is a DUTY to be fulfilled consciously by all, with responsibility and with a view to the common good. (CSDC 403, cf. Octogesima Adveniens, Gaudium et Spes, CCC 1913-1917) Some Notable Areas of Concern in IPRA 1997 ➢ rights to ancestral domain (ownership, right to develop, right to stay, right to resolve conflict, etc.) ➢ rights to ancestral lands ➢ self-governance ➢ justice system, conflict resolution, peace-building process ➢ right to participate in decision-making Some Notable Areas of Concern in IPRA 1997 ➢ right to determine and decide developmental priorities ➢ full development/EMPOWERMENT of institutions and initiatives ➢ equal protection and non-discrimination ➢ rights during armed conflict ➢ equal opportunity and treatment ➢ employment ➢ basic services Some Notable Areas of Concern in IPRA 1997 ➢ women ➢ children and youth ➢ recognition of cultural diversity ➢ community intellectual rights ➢ rights to religious/cultural sites and ceremonies ➢ indigenous knowledge and practices/development of sciences and technologies Call to Action ➢ “Activate” the 4 Fundamental Good Habits (Fortitude, Prudence, Justice & Temperance) + Daring and Patience ➢ Know the Who, What, When, Where & How ➢ Know “Where People (all stakeholders) Are Coming From + Humility ➢ Dig-Deep Research/No Short Cuts Call to Action ➢ Know the information flow and have a system of validation ➢ Have a system of feedback and review ➢ Always have a communication/media plan and protocol ➢ Be conscious of “stereotyping” ➢ Be “Sensitive” and “Cheerfully & Optimistically” Creative ➢ ALWAYS SEE THINGS WITH THE EYES OF A CHILD. Thank you!