PREAMBLE

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PREAMBLE

Ethics is the experiential manifestation of moral standards. The observance of


these standards of conduct is both a function of personal choice and formal
compulsion. A lawyer is ideally ethical by personal choice. A code of ethics
expressly adopted represents society’s consensus and dictate to conform to a chosen
norm of behavior that sustains the community’s survival and growth.

The Code of Professional Responsibility and Accountability, as an institutional


imperative, is meant to foster an environment where ethical conduct performs a
dedicated role in the administration of justice. In particular, the standards embodied in
the Code of Professional Responsibility and Accountability uniquely address the
characteristics of the Filipino lawyer as an amalgamation of influences and moorings,
i.e., familial, cultural, religious, academic, political, and philosophical. Inherently a
social being, the Filipino lawyer inevitably develops and cultivates relations,
preferences and biases. The conscious adoption of ethical standards that accounts for
such relationships and personal choices balanced against the demands of right and
justice is envisioned to govern and regulate these personal choices and make them
consistent with the institutional objectives.

The existence of a free and an independent society depends upon the recognition of
the concept that justice is based on the rule of law.

As a guardian of the rule of law, every lawyer, as a citizen, owes allegiance to the
Constitution and the laws of the land; as a member of the legal profession, is bound
by its ethical standards in both private and professional matters; as an officer of the
court, assists in the administration of justice; and as a client’s representative, acts
responsibly upon a fiduciary trust.

An ethical lawyer is a lawyer possessed of integrity. Integrity is the sum total of all
the ethical values that every lawyer must embody and exhibit. A lawyer with
integrity, therefore, acts with independence, propriety, fidelity, competence and
diligence, equality and accountability.

Failure to abide by the Code results in sanctions. (n)


CANON I

INDEPENDENCE

The independence of a lawyer in the discharge of professional duties without any


improper influence, restriction, pressure, or interference, direct or indirect, ensures
effective legal representation and is ultimately imperative for the rule of law. (n)

SECTION 1. Independent, accessible, efficient and effective legal service. — A


lawyer shall make legal services accessible in an efficient and effective manner. In
performing this duty, a lawyer shall maintain independence, act with integrity, and at
all times ensure the efficient and effective delivery of justice. (2a)

SECTION 2. Merit-based practice. — A lawyer shall rely solely on the merits of a


cause and not exert, or give the appearance of, any influence on, nor undermine the
authority of, the court, tribunal or other government agency, or its proceedings. (13a)

SECTION 3. Freedom from improper considerations and external influences. — A


lawyer shall not, in advocating a client’s cause, be influenced by dishonest or
immoral considerations, external influences, or pressure. (n)

SECTION 4. Non-interference by a lawyer. — Unless authorized by law or a court,


a lawyer shall not assist or cause a branch, agency, office or officer of the
government to interfere in any matter before any court, tribunal, or other
government agency. (13.03a)

SECTION 5. Lawyer’s duty and discretion in procedure and strategy. — A


lawyer shall not allow the client to dictate or determine the procedure in handling the
case. (19.03a)

Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the
case after explaining its consequences to the client. (n)

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