January 2011 Philippine Supreme Court Decisions on Legal and Judicial Ethics

Here are selected January 2011 rulings of the Supreme Court of the Philippines on legal and judicial ethics:

Attorney; dishonesty. Respondent was accused of filing  various pleadings on behalf of parties who were already deceased. To all attorneys, truthfulness and honesty have the highest value, for, as the Court has said in Young v. Batuegas: “A lawyer must be a disciple of truth. He swore upon his admission to the Bar that he will ‘do no falsehood nor consent to the doing of any in court’ and he shall ‘conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients.’ He should bear in mind that as an officer of the court his high vocation is to correctly inform the court upon the law and the facts of the case and to aid it in doing justice and arriving at correct conclusion. The courts, on the other hand, are entitled to expect only complete honesty from lawyers appearing and pleading before them. While a lawyer has the solemn duty to defend his client’s rights and is expected to display the utmost zeal in defense of his client’s cause, his conduct must never be at the expense of truth.”  Respondent lawyer was found not liable as he had disclosed in a pleading the death of the deceased parties and the fact that he was representing the successors in interest of the deceased parties.  Jessie R. De Leon vs. Atty. Eduardo G. Castelo, A.C. No. 8620, January 12, 2011.

Court personnel; conduct prejudicial to service. The respondents were accused of failing to serve a court order and delaying the issuance and implementation of the writ of execution. Due to this negligence, the writ’s implementation was delayed for almost two years, thereby gave the defendants sufficient time to conceal and/or dissipate their assets to thwart plaintiffs’ efforts to recover in full the judgment awarded to them. Court employees bear the burden of observing exacting standards of ethics and morality. This is the price one pays for the honor of working in the judiciary.  Those who are part of the machinery dispensing justice, from the presiding judge to the lowliest clerk, must conduct themselves with utmost decorum and propriety to maintain the public’s faith and respect for the judiciary. Respondents were held guilty of conduct prejudicial to the interest of the service. Judge Philbert I. Iturralde, et al. vs. OIC Branch Clerk of Court Babe SJ. Ramirez, et al., A.M. No. P-03-1730, January 18, 2011.

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