Report Outline

Saturday, 30 November 2019 9:34 PM

Video clips of lawyers doing unethical practices

• Saul goodman advertisement
• Saul goodman bribing the lady for an earlier appointment
• Johnny Cochran redecorating OJ Simpson home
• Unethical obtaining of evidence how to get away with murder
• How to get away with murder divulging the facts of an ongoing case
• Fake lawyer in suits

How about lawyers who work in the government?

What rules/codes govern them?

1. RA 6713 (Code of Conduct for Public Officials and Employees)
2. Lawyers oath
3. Code of Professional Resonsibility
a. Canon 6
4. EO 292 (Administrative Code of 1987)
5. Rules of Court

Can you practice law while working in the government?

Generally, no
x- if allowed by law
Sec 7, (b and c), RA 6713 [Code of Conduct for Public Officials and Employees]

Even if they aren't working as lawyers?

"Public office is a public trust"

Discuss Pimentel Jr. v. Llorente

Election cheating case

Types of lawyers who work in the govt:

Public Prosecutor
• Definition:

The public prosecutor in the Philippines is actively involved in the investigation of crimes and can
commence an investigation upon receiving a report from a law- enforcement agency or a private party.

From <http://alrc.asia/article2/2008/03/prosecution-in-the-philippines/>

Basic Rules for public prosecutor

(refer to lawyers oath, Canons of Professional Ethics, Canons of Judicial Ethics)
1. No corruption
2. No illegally seized/ acquired evidenced
3. Don’t suppress facts/ conceal witnesses
4. Do not cause undue delay
5. See if person is not deprived of statutory or legal rights
6. Do not assert personal knowledge

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 6. Do not assert personal knowledge
a. X- if acting as a witness
7. Not assist in the escape of a prisoner
8. Not nstitute criminal action to force settlement
9. Not agree to refrain from prosecuting for a reward
10. Get money for dismissing a client
11. Induce accused to plead guilty
12. Willfully fail to prosecute violations/lose records
13. Become a secret law partner

• Role of Public Prosecutor summarized in Dimatulac v. Villon

Solicitor-General
Definition:

What he does?
1. Represent "People" in criminal actions
Limited to those filed in the Court of Appeals or Supreme Court
X - cases elevated to sandiganbayan (RA 8249)
(replaced by special prosecutor of the office of the Ombudsman)
2. May abandon or discontinue the prosecution at his sound discretion
3. Recommend the acquittal of the accused if there is insufficient evidence

People v. Mendoza
On procedural lapse

COMELEC v. CA (2004)
On dismissing a case

People v. Madera
"finest hour"

Private Prosecutor
Definition:
What he does?

Public prosecutor > private lawyer

Evidence presented in trial should be in the presence of a fiscal for it to be considered valid
x- municipal courts without own prosecutors
2002 amendment of Rule 110 of Revised Rule of Criminal Procedure
People v. Beriales

Rule 110 Revised Rule of Criminal Procedure

Section 5. Who must prosecute criminal action. - All criminal actions either
commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in writing by the
Chief of the Prosecution Office or the Regional State Prosecutor to
prosecute the case subject to the approval of the court. Once so authorized

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prosecute the case subject to the approval of the court. Once so authorized
to prosecute the criminal action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn. x x x .

Stand of offended must be the same as

• The public prosecutor
• Or Solicitor-General

Tan, Jr. v. Gallardo

Revival of case should not be by offended party

• Kasi nga the case was dismissed in favor of the accused
• No legal personality
• Can only testify

Plaintiff (People of the Philippines) represented by public prosecutor or his representative

When public prosecutor takes over

• Gratification of public malice
• Accomplishment of private gain

US v. Desbabiladoras

CODE OF PROFESSIONAL RESPONSIBILITY

RULE 6.01

Rule 6.01 — The primary duty of a lawyer engaged in public

prosecution is not to convict but to see that justice is done. The
suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible
and is cause for disciplinary action.

People v. Madera
"finest hour"

RULE 6.02

Rule 6.02 — 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.

Generally a lawyer may not practice law while in government service except when allowed by law

If the law allows a public official to practice

law concurrently, he must not use his public position to feather his
law practice.

Conflict between private practice and official duties

Public > private

code of conduct and ethical standards for public officials and employees,

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code of conduct and ethical standards for public officials and employees,
RA 6713, section 7

RULE 6.03

Rule 6.03 — 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.

Issues
1. Broad scope, undefined terms
2. Only enticing thing about working for government is the connections made
a. Less pay
b. More restrictions
3. This rule may be used as a litigation tactic
a. Delays
b. Change in attorney
4. Independence is essential to do the job well

PCGG v. Sandiganbayan & Mendoza

Resolutions and further explanation

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