ISSUES IN PHILIPPINE JUDICIAL PROFESSION AND COURT OBSERVATION

FREEZA JEE M. FABRIGAS

Bachelor of Law 1-A
University of San Agustin
College of Law
Iloilo City

Third Deliverable for Basic Legal Ethics Presented to

ATTY. ELIJO SHARON HERRERA-BELLONES

University of San Agustin
College of Law
Iloilo City

In Partial Fulfilment
of the Requirements for the Subject
BASIC LEGAL ETHICS

April 07, 2018

Court Observation and the Code of Professional Conduct

Indeed, nothing ever becomes real until it is experienced. Provisions,

cases and lectures we learned inside the four corners of our classroom will
remain theories and stories until we experience it.

That is why, when we were tasked by Atty. Elijo to have our court
observation, I can’t help but to feel excited and giddy.

Last April 4, 2018, I got a chance to have my court observation. When

I stepped inside the Hall of Justice, I got nervous and suddenly, sense of
pride comes rushing inside my system. I started to imagine myself as a
lawyer coming in and out of the Hall handling and litigating cases. I can’t
help but smile fueled with motivation.

Through the help of my classmate who is a staff in the Hall of Justice,

I was able to observe three cases in Branch 26 presided by Judge Danilo P.
Galvez. One of which is the promulgation of decision in a criminal case and
the other two were civil cases.

I was informed that the hearing is scheduled to start at 8:30 am. I

arrived at the Hall of Justice exactly 9:00 am scared that I won’t be able to
observe the promulgation of decisions. But when I entered the court, I was
told that Judge Galvez has not yet arrived. During the waiting time, my
classmate introduced me to some of her co-staff including the Clerk of
Court of the said branch. She told them that I came to observe. I find the
staff so accommodating and courteous. They would talk to me and ask me
questions,

I started to see persons wearing formal attires whom I recognized to

be lawyers. Thus reminds me of a lawyer’s duty to the court that a lawyer
shall maintain and observe respect due to the courts by appearing
properly attired. They seem to greet and talk to each other courteously
even if they are opposing counsels. That’s when I thought about one of the
four fold duties of a lawyer towards his legal profession, that a lawyer shall

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conduct himself with courtesy, fairness and candor towards his professional
colleague.

When Judge Galvez arrived, the interpreter called everyone for a

prayer which I could utter since Atty. Pueblo required us to memorize such
lawyer’s prayer during our Local Government days. After which, when the
judge call everything in order and everyone pays respect to the former, the
interpreter starts to call the cases.

People vs. Christiene Gaticales, the very first promulgation of decision

in a criminal case I have witnessed. It is a case involving Estafa. After
entering the respective appearances of the prosecutor and the counsel of
the accused, the judge called the accused together with her counsel to
go in the center front of the courtroom for the promulgation of the decision.
While the Interpreter reads the decision in English, I got thrilled and excited
wondering what lies ahead of the accused after such. When the Interpreter
reads that the accused is guilty beyond reasonable doubt for four counts
of estafa and be imprisoned for number of years, my heart suddenly ached,
feeling sorry and responsible for the accused. There I realized that “oh my
gosh, the profession I’m aspiring for is not a joke, the liberty and life of a
person is made to depend on me, that they are looking and counting on
me” and that’s when I conclude that lawyers are extraordinary.

Next is the presentation of evidence by the defendant in a civil case

involving Declaration of Nullity of Katibayan ng Orihinal na Titulo and
Damages. The defendant being represented by Atty. Antiquera and the
accused represented by Atty. Diamante. It has come to my attention that
Atty. Domingo Diamante was a former judge. Though not looking too old, I
was inspired seeing him litigating, still pursuing his passion after his career in
judiciary. Truly, once a lawyer, will always be a lawyer. On the other hand,
Atty. Antiquera, is lady lawyer defending the complainant. They were
arguing for the petition to inhibit Judge Galvez in which such was already
denied by the latter. Atty Antiquera contended that she haven’t received
such decision. However, Judge Galvez argues that the issue to be heard is
the presentation of evidence and not the issue of inhibition which was

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already resolved, thus moot and academic. I have observed that opposing
counsels let each other finished their respective arguments first before
objecting or rebutting. By just looking at them, especially in defending their
causes and answering questions thrown to them by the judge, I started to
imagine myself and reflects if in my own time as a lawyer, would I be a good
litigator as them? Or If I can answer the questions asked of me by the
judge? I started to get nervous but at the same time inspired.

In this case, Atty. Antiquera asked for the resettling of the

presentation of evidence which through the discretion of the judge,
granted the same. What I also observed was the big calendars posted in
the walls of the courtroom, which I thought is really helpful. Through my
observation also that I learned that Judge Galvez will be retiring as Judge
this April.

The third and last case that I have attended that day with the same
branch was F. Gurrea Construction, Inc. vs. Mandarin Resort Development
Corp. involving a civil case for a collection of sum of money and damages.
To my surprise, after the end of the second case, all the people in the
courtroom went out leaving Atty. Daquillanea alone before the Judge. He
represents for the plaintiff which I noticed not with him. Unfortunately, the
defendant and his counsel were not also present. After Atty. Daquillanea
entered his appearance, he immediately ask for the hearing to be
rescheduled on the ground of the absence of his opponent. Through the
discretion of the court, Judge Galvez granted such petition.

The three cases that I have attended in my first ever court

observation made my day. I have come to realize that the Rules of Court
which particularly involves procedures and conducts of lawyers which we
read from books and taught to us are way more stringent compared to the
actual happenings in the courtrooms. Some are really subject to the
discretion and consideration of the judges. What really marks to me are the
values of respect and courtesy of lawyers to the Court and to their
professional colleagues.

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 To conclude, this first-hand information which I learned from having
a chance to observe court hearings greatly fueled my desire to become a
lawyer. What we learned from school finally come alive. Seeing what really
happens in a litigation and looking to lawyers interactively arguing and
competently defending their clients gives a feeling of pride. It made me
realize that every hardship in law school is worth it. It inspires, motivates and
gives me the thought that someday, in God’s will, I will also see myself
standing in front of the judge together with my clients entering my
appearance.

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Four Fold Duties and Dilemmas

Lawyers as guardians of law plays a vital roles in the maintenance

and development of order in the society. Imbued with public interest,
lawyers are required to observe and maintain the highest standards of
ethical conduct. Thus, according to the Codes of Professional
Responsibility, the conducts of lawyers should be guided by their four-fold
duties- to the society, to the legal profession, to the court and to their
clients.
Today, some lawyers seem to fail to observe such duties and as well
as their lawyer’s oath. In the case of Abay vs Montesino, the court held that
verily, lawyers are expected to maintain at all times a high standard of legal
proficiency and of morality – which includes honesty, integrity and fair
dealing. They must perform their four-fold duty to society, the legal
profession, the courts and their clients in accordance with the values and
norms of the legal profession, as embodied in the Code of Professional
Responsibility. Any conduct found wanting in these considerations, whether
in their professional or private capacity, shall subject them to disciplinary
action.

Lawyer and Society

The first seven canons in the Code of Professional Responsibility

discusses about the duty of the lawyer toward the society. One of the
current issues regarding legal profession that caught my attention is
wanton to observe Canon one (1) which oblige lawyers to uphold the
Constitution, obey the law of the land and promote respect for law of and
legal processes. In the present context, through the increasing number of
extrajudicial killings in our country, President Rodrigo Duterte himself, a
lawyer is the perfect example who violates the supreme law of the land.
“President Duterte’s Government, like any other Philippine Government, has a legal
obligation to protect human rights and human rights defenders. His discourse that
literally encourages violence against defenders - the very people who stand up for
human rights, social justice, and an inclusive society - must stop”, said OMCT
Secretary General Gerald Staberock.

As president, and more importantly as lawyer, President Duterte should be

the one upholding and repecting the law of the land as well as the
Constitution but in contrast, promotes such defiance thereof.

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There are also some other instances where President Duterte violates the Constitution. To name
one, Senior Associate Justice Antonio Carpio declared that President Rodrigo Duterte violated the
Constitution when he proclaimed martial law in Mindanao when the actual rebellion was confined
inside the boundaries of Marawi City. By his actions, Carpio said Duterte has “unlawfully reinstated”
imminent danger as a basis for martial law. Carpio said that framers of the 1987 Constitution had
removed imminent danger as a ground because presidents could abuse it to invoke martial law.

An expert on maritime law believes President Rodrigo Duterte may have violated the
Constitution when he permitted China to conduct surveys in Benham Rise. A senator also
asked for a probe into the President's actions, saying it is an impeachable offense.

Lawyer and the Court

Lawyers are considered to be officers of the court, thus, their obligation to

the court are fundamental and pervade every aspect of practice as a
lawyer. Canon 10 of the Code of Professional Responsiblity state that a
lawyer owes candor, fairness and goodfaith to the court.

Rule 10.03 A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice. Thus, due process is required.
However, going back to the same issue with the Presiden Duterte, he then
again fails to observe this ethical requiremenent imposed to him as a
lawyer.

He should be an instrument to encourage to rules and procedure to

protect victims from injustice for this is impose upon him as a lawyer.
However, he uses his position to influence people to promote shortcuts
such as extrajudicial killings. Such violation involves the right not to be
deprived of life, liberty and due process of the law, the presumption of
innocence – the accused is presumed innocent until proven guilty, the
accused as a right to know the charges filed against him and to face his
accusers the right to a fair trial which includes the right to defend himself.
This includes having access to counsel. The right to remain silent as a
protection against self-incrimination. Not to be searched or arrested
without arrest. Such cases indeed a disappointment especially to us

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aspiring lawyers. This got us wondering that how can a lawyer like President
Duterte be a good example and model to us if he, himself cannot even
respect and abide ethical rules he is required to possess.

Lawyer to his Client and to the Legal Profession

A lawyer's conduct should conform to the requirements of the law, both in

professional service to clients and in the lawyer's business and personal
affairs. Canons 7 to 9 of the Code of Professional Conduct discusses about
a lawyer's obligation towards the Legal Profession while Canons 17 to 22
discusses about their obligation their clients.

In observance and compliance with a lawyer's obligation towards his client,

the role of the legal practitioner when representing a defendant is to look
after his or her interests by assisting them to understand the case against
them, their legal rights and obligations, and the consequences of the
decisions they may make in relation to the conduct of their matter.

Towards his obliagtion to the legal profession, a lawyer must not engage in
conduct which is dishonest or disreputable or which would demonstrate
that a practitioner is a fit and proper person to practise law, would diminish
the public confidence in the administration of justice or bring the profession
into disreoute. He must also avoid any compromise of their integrity and
professional independence.

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