Legal Profession JD1c

1. Q. In a prosecution for murder against a ranking army officer,

the latter engaged the services of Atty. Carlos Malilin, to whom the
officer in one of their conferences disclosed a plan to ‘eliminate’ or
‘salvage’ –i.e. kill or otherwise cause to disappear –the only witness,
a fellow military officer, through a contrived traffic or highway
accident.
a. What are the legal and moral obligatios of Atty. Carlos Malilin to
his client and to the authorities, under the given circumstances?
b. Should the planned ‘accident’ take place and the only witnessfor
the prosecution be killed as a result, is Atty. Malilin under any
obligation to disclose to the authorities the plan that his client had
mentioned? (1987,1988 Bar)

A:

a. Atty. Malilin has the moral and legal obligation to advise the army officer
not to execute his plan. If the accused army does not abide by his advise,
Atty. Malilin should withdraw from the case.

b. Atty. Malilin has the obligation to testify in said case if he is called upon
by the Court to do so. The obligation of the lawyer to keep the secrets of his
client obtained in the course of his employment covers only lawful purposes.

2. Q. “Sheriff Andres is a member of Sheriffs Confederation of the

Philippines, Inc. (SCOPHIL). He is presently assigned to Branch 16 of
the Regional Trial Court in Davao City.”

“Mayor Duterte, on the other hand, is no ordinary Mayor. As the

public well knows, she is a lawyer and an eminent member of the
bar. She is, therefore, an officer of the court.”

In case of conflict between duty to the court and duty to the society
and his client, who must be the priority?

A:
CANON 11. A Lawyer shall observe and maintain the respect due to
the courts and to judicial officers and should insist on similar
conduct to others.

In case of conflict between duty to the court and duty to the society and his
client, the other must yield since it is his duty to the court that should take
precedence. 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.
Sometimes circumstances prevail where acting in the client’s best interests
conflicts with a lawyer’s duties to the Court or the administration of justice.
In such cases, the law specifically provides that lawyers give credence to
their duties to the Court/administration of justice.