The Two Corners of The Courtroom

Law 326 - Legal Counseling
THE TWO CORNERS OF THE COURTROOM
A Term Paper
on the two major aspects of lawyering
i.e. Lawyer-Prosecutor
and Lawyer-Defender
Submitted by:
GARRY NEE G TUNGALA
JD-3A
Submitted to:
ATTY. MARK V LOZANO
Professor
October 29, 2019
___________oOo___________
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I. Introduction
Becoming a lawyer is not an easy task. You have to spend years in
law school, read towering law books, digest myriad of cases and survive the
most grueling night of recitations. Notwithstanding, passing the bar
examination is the most coveted victory that grants title into the legal
profession. Becoming a lawyer is one thing and lawyering is another. Same
with other professions, in lawyering you have to select on what kind of legal
practice you would prefer.
Inside the courtroom, there are two main players that performs major
role during court litigations especially in criminal cases. Basically, on the
right corner is a lawyer who is responsible in prosecuting a person charged
with a crime and viewing to prove his guilt beyond reasonable doubt - The
Prosecutor, while on the left corner is a lawyer who defends such person and
undertakes to prove his innocence – The Defense-Lawyer. In the exercise of
legal profession, one has to select on which corner of the courtroom he
would like to seat.
Lawyering is a complex yet fulfilling job. Lawyers are guided by the
Code of Professional Responsibility (CPR). Under its canons, lawyers are
bounded to uphold the moral sanctity of legal profession against material
temptations for the reason that this occupation is more of a profession rather
than a business. Nevertheless, whichever corner in the courtroom a lawyer
may opt to choose, it doesn’t matter so long as the interest of justice is his
primordial concern.
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II. The Prosecutor
A prosecutor is the one who is actively involved in the investigation of
crimes and commences an action upon receiving a complaint from a law-
enforcement agency or a private party. He is responsible for gathering
evidence about the crime, deciding whether there is enough evidence to
prove the case, then persuading the court that the defendant is guilty on the
basis of that evidence. Being the stalwart of the second pillar of the Criminal
Justice System, his primary duty is to ensure that the rule of law is being
followed and the violators thereof should face its legal consequence.
Usually, the job of a prosecutor is concomitant with the filing of criminal
cases. Seldom has it existed in civil cases except in an instance, among
others, wherein the interest of the State is at stake, like in the nullification of
void or voidable marriages. The prosecutor in the latter case is mandated by
law, as a condition sine qua non, to determine if there is collusion between
the parties to ensure that no fabrication or suppression of evidence would
take place. This is rooted in the fact that both our Constitution and our laws
cherish the validity of marriage and unity of the family.
Despite the complexity of the Prosecutor’s duty, the same could be
boiled down into one definite objective that is to protect and uphold the
interest of the State whatever it takes. However, it must be noted that under
Rule 6.01 of the CPR - 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
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innocence of the accused is highly reprehensible and is cause for
disciplinary action.
III. The Defense – Lawyer
A defense lawyer, on the other hand, does the exact opposite. He
investigates the case on behalf of the defendant, advises the latter on how to
plead and, if necessary, represents him at the trial with a view of proving his
innocence and getting him acquitted from the crime charged. A defense
lawyer may be a private lawyer or a public lawyer like those who are in
Public Attorneys Office.
Generally, the court will appoint a public defender if the accused
cannot afford to pay the fees for a private attorney. Unlike the prosecutors
and public defenders whose salaries are fixed by law for being public
employees, a private lawyer invariably earns a higher pay depending on their
lawyering skills, the length of their lawyering experience and sometimes on
the caliber of the law firms from which they are attached. However, a
defense lawyer must abide with Rule 14.04 of CPR which states that, a
lawyer who accepts the cause of a person unable to pay his professional fees
shall observe the same standard of conduct governing his relations with
paying clients. Verily, a defense-lawyer, regardless of the amount of
remuneration, is bounded to protect the rights of the defendant and ensure
that due process of law is being upheld in his cause.
IV. Conclusion
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While it is true that earning a living is essential for us to live the life
that we have dreamed of, we must also bear in mind that, on one hand, as
Filipino citizen we have a moral duty to preserve the sovereignty of our
State by upholding the law of its land and, on the other hand, to protect the
rights of our fellow inhabitants against oppression. A defense-lawyer is
bounded to ensure that the constitutional right of his client to due process is
properly observed before a verdict in favor or against the latter should be
rendered. Relatedly, a prosecutor is mandated to guaranty that the State must
be given a chance to prove its case.
As previously stated, lawyers are bounded to uphold the moral
sanctity of legal profession against material temptations for the reason that
this occupation is more of a profession rather than a business. Having a
choice on how and where to practice law is a matter of right of every lawyer.
Nonetheless, whichever corner of the courtroom the latter may opt to
choose, it doesn’t matter so long as the interest of justice is his primordial
concern.
V. References:
a. Code of Professional Responsibility

b. Thompson (2018)- Comparison of a Defense Lawyer & a Prosecutor
c. Article 2 (2008)- Prosecution in the Philippines
d. Rumbaua vs Rumbaua-G.R. No. 166738, August 14, 2009
______END______
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Law 326 - Legal Counseling

THE TWO CORNERS OF THE COURTROOM

on the two major aspects of lawyering

October 29, 2019

Becoming a lawyer is not an easy task. You have to spend years in

most grueling night of recitations. Notwithstanding, passing the bar

profession. Becoming a lawyer is one thing and lawyering is another. Same

practice you would prefer.

role during court litigations especially in criminal cases. Basically, on the

right corner is a lawyer who is responsible in prosecuting a person charged

undertakes to prove his innocence – The Defense-Lawyer. In the exercise of

legal profession, one has to select on which corner of the courtroom he

would like to seat.

Lawyering is a complex yet fulfilling job. Lawyers are guided by the

Code of Professional Responsibility (CPR). Under its canons, lawyers are

bounded to uphold the moral sanctity of legal profession against material

than a business. Nevertheless, whichever corner in the courtroom a lawyer

II. The Prosecutor

A prosecutor is the one who is actively involved in the investigation of

crimes and commences an action upon receiving a complaint from a law-

enforcement agency or a private party. He is responsible for gathering

evidence about the crime, deciding whether there is enough evidence to

Usually, the job of a prosecutor is concomitant with the filing of criminal

cases. Seldom has it existed in civil cases except in an instance, among

void or voidable marriages. The prosecutor in the latter case is mandated by

law, as a condition sine qua non, to determine if there is collusion between

the parties to ensure that no fabrication or suppression of evidence would

cherish the validity of marriage and unity of the family.

Despite the complexity of the Prosecutor’s duty, the same could be

of facts or the concealment of witnesses capable of establishing the

innocence of the accused is highly reprehensible and is cause for

III. The Defense – Lawyer

A defense lawyer, on the other hand, does the exact opposite. He

Public Attorneys Office.

Generally, the court will appoint a public defender if the accused

employees, a private lawyer invariably earns a higher pay depending on their

lawyering skills, the length of their lawyering experience and sometimes on

paying clients. Verily, a defense-lawyer, regardless of the amount of

remuneration, is bounded to protect the rights of the defendant and ensure

that due process of law is being upheld in his cause.

Filipino citizen we have a moral duty to preserve the sovereignty of our

rights of our fellow inhabitants against oppression. A defense-lawyer is

properly observed before a verdict in favor or against the latter should be

rendered. Relatedly, a prosecutor is mandated to guaranty that the State must

be given a chance to prove its case.

As previously stated, lawyers are bounded to uphold the moral

this occupation is more of a profession rather than a business. Having a

Nonetheless, whichever corner of the courtroom the latter may opt to

choose, it doesn’t matter so long as the interest of justice is his primordial

a. Code of Professional Responsibility

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