PROBLEM AREAS IN LEGAL ETHICS

CPRA

CANON V E Q U A L I T Y

P R E S E N T E D B Y : P S Y C H E S H Y N E O S T I Q U E
PROBLEM AREAS IN LEGAL ETHICS

CANON V-EQUALITY

Every lawyer shall adhere to the principle of equality and hold firmly the belief that every
person, regardless of nationality or ethnicity, color, sexual orientation or gender identity,
religion, disability, age, marital status, social or economic status, and other like circumstances,
has the fundamental right to equal treatment and representation.
As such, the lawyer shall accord equal respect, attention, dedication and zeal in advancing the
client’s cause, regardless of personal opinion, religious or political beliefs pertaining on the
personal circumstances of the client, except for justifiable reasons.
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CANON V-EQUALITY

Access to justice of vulnerable and indigent people"Accessibility to justice is a fundamental

pillar for any democracy. Justice must
treat all of us as equal. In the old CPR, accessibility to justice is embodied
in Canon 2, Rule 2.01 which provides that, the lawyer shall not reject, except
for valid reasons, the cause of the defenseless or the oppressed. In the CPRA,
the topic on accessibility to justice is contained in one separate canon: Canon
V on Equality. This shows that in our jurisdiction, we put so much value in
the equal access to justice especially of the vulnerable and indigent persons."
PROBLEM AREAS IN LEGAL ETHICS

CANON V-EQUALITY

The 1987 Philippine Constitution guarantees that the poor should have free access to the courts
and quasi-judicial bodies and adequate legal assistance. The Constitution has also given the
Supreme Court the power to promulgate rules in providing legal assistance to the
underprivileged.
PROBLEM AREAS IN LEGAL ETHICS

CANON V-EQUALITY

The Code mandates every lawyer to adhere to the principle of equality. A

lawyer must accord equal respect, attention and dedication in handling the
case of a client regardless of the latter's personal opinion, religious and
political beliefs.
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CANON V-EQUALITY

The Code also provides for a higher standard of representation and service given to vulnerable
persons. Vulnerable persons, as defined by the Code, are persons who are at a higher risk of
harm than others, and shall include children, the elderly, the homeless, persons with disability,
persons deprived of liberty, human rights victims, victims of domestic violence, victims of
armed conflict, those who are socio-economically disadvantaged, those who belong to racial or
ethnic minorities, or those with debilitating physical or mental conditions.
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CPR CPRA
Section 1
Canon 2 Rule 2.01
Section 1. Non-discrimination. — A lawyer shall not
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES
2.01 AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER 01 decline to represent a person solely on account of the
latter’s nationality or ethnicity, sexual orientation or
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND gender identity, religion, disability, age, marital status,
EFFECTIVENESS OF THE PROFESSION.Rule 2.01 - A lawyer shall social or economic status, political beliefs, or such
not reject, except for valid reasons, the cause of the defenseless or the lawyer’s or the public’s opinion regarding the guilt of
oppressed. said person, except for justifiable reasons.
Section 2
Canon 2 Rule 2.02
Section 2. Treatment of vulnerable persons. — In dealing with a client
2.02 Rule 2.02 - In such cases, even if the 02 who belongs to a vulnerable sector, a lawyer shall be mindful and
lawyer does not accept a case, he shall sensitive of, and consider the client’s special circumstances, as well as
the applicable laws and rules.
not refuse to render legal advice to
the person concerned if only to the The lawyer shall observe a higher standard of service suited to the
extent necessary to safeguard the particular needs of the vulnerable person and shall assert such person’s
latter's rights. right to meaningful access to justice.

A vulnerable person is a person who is at a higher risk of harm than

others, and shall include children, the elderly, the homeless, persons
with disability, persons deprived of liberty, human rights victims, victims
of domestic violence, victims of armed conflict, those who are socio-
economically disadvantaged, those who belong to racial or ethnic
minorities, or those with debilitating physical or mental conditions.
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CPR
Canon 14
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY.Rule 14.01 - A lawyer shall not decline to represent a
person solely on account of the latter's race, sex. creed or status
of life, or because of his own opinion regarding the guilt of said
person.
Rule 14.02 - A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio or as
amicus curiae, or a request from the Integrated Bar of the
Philippines or any of its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept representation of
an indigent client unless:
(a) he is not in a position to carry out the work effectively or
competently;
(b) he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client.
Rule 14.04 - 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.
CPRA
Section 3
Section 3. Indigent person. — A lawyer shall not
refuse the representation of an indigent person,
except if:
(a) the lawyer is not in a position to carry out the
work effectively or competently due to a
justifiable cause;
(b) the lawyer will be placed in a conflict-of-
interest situation; or
(c) the lawyer is related to the potential adverse
party, within the sixth degree of consanguinity or
affinity, or to the adverse counsel, within the
fourth degree.
An indigent is any person who has no money or
property sufficient for food, shelter and other
basic necessities for oneself and one’s family.
 PROBLEM AREAS IN LEGAL ETHICS
CPR
Canon 2 Rule 2.04 and Canon 14 Rule 14.04
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed
unless the circumstances so warrant.
Canon14 Rule 14.04 - 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..
CPRA
Section 4
Section 4. Standard of service. — A
lawyer shall observe the same standard
of service for all clients, regardless of
remuneration, except for the higher
standard required for representation of
vulnerable persons.
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Related Jurisprudence

Abogado v. DENR, G.R. No. 246209, September 3, 2019.In the case of Abogado v. DENR,
Facts:
• Petitioners, members of the Kalayaan Palawan Farmers and Fisherfolk Association, filed a Petition seeking writs of kalikasan and continuing
mandamus.
• They alleged that their constitutional right to a balanced and healthful ecology was being threatened and violated.
• The respondents include the Department of Environment and Natural Resources, Department of Agriculture, and Bureau of Fisheries and Aquatic
Resources.
• The petitioners relied on the findings of the Permanent Court of Arbitration's Arbitral Award, which stated that Chinese fisherfolk and China's
construction of artificial lands have caused severe environmental damage to Panatag Shoal, Ayungin Shoal, and Panganiban Reef.

Issue:
• Whether the petitioners complied with procedural requirements and established a cause of action.
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Related Jurisprudence
Ruling:
• The Supreme Court dismissed the petition.
• The Court emphasized that the petitioners failed to comply with procedural requirements and establish a cause of action.
Ratio:
• A writ of kalikasan is an extraordinary remedy that covers environmental damages of such magnitude that transcend political and territorial boundaries.
• The allegations in a petition for a writ of kalikasan must be substantiated with necessary evidence.
• A writ of kalikasan should not substitute other available remedies and should not be used to supplant executive or legislative privileges.
• A writ of continuing mandamus is a special civil action that may be availed of to compel the performance of an act specifically enjoined by law.
• The writ of continuing mandamus does not give the court supervisory powers over administrative agencies and should not be used where the remedies required are clearly political or
administrative in nature.
Additional Ruling on Motion for Withdrawal as Counsels:
• The Court granted the Motion for Withdrawal as Counsels for 20 of the fisherfolk-petitioners.
• 13 of the 37 fishers from Palawan did not verify the Petition, and 19 of the 40 fisherfolk-petitioners submitted affidavits disowning the Petition.
• The Court dismissed the Petition without passing upon any of the substantive issues raised.
Additional Ratio:
• Before proceeding with a case, private parties or public interest groups must be ready with the necessary evidence to substantiate their claims.
• Environmental advocacy requires professionalism, responsibility, an understanding of science, and adherence to the proper legal process.
• A writ of kalikasan should not be used as a substitute for other available remedies.
• Clear allegations and judicial affidavits are necessary to support a petition for a writ of continuing mandamus.
• Counsels must be mindful of their duties and obligations under the rules of court, particularly in relation to withdrawal as counsels.
• Written consent of the client or a good cause for withdrawal is required for attorney withdrawal.
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Related Jurisprudence

"Abogado v. DENR, G.R. No. 246209, September 3, 2019.In the case of Abogado v. DENR,
the Court declared that cases involving
the public interest which seeks to protect the marginalized and oppressed deserve more attention from their lawyers as compared with any other case.
Those who have the least deserve to have more in law.
"

Members of a farmers and fisherfolk association file a petition seeking writs of kalikasan and continuing mandamus, alleging environmental damage caused by
Chinese fisherfolk and construction of artificial lands, but the Supreme Court dismisses the petition for failure to comply with procedural requirements and
establish a cause of action.

Rationale:
Counsels must be mindful of their duties and obligations under the rules of court, particularly in relation to withdrawal as counsels.
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Related Jurisprudence:Sec 1 and Sec 2 of CPRA

Espejon vs. Lorredo A.M. No. MTJ-22-007 Mar 9, 2022 "A judge is found guilty of bias and
misconduct for making prejudiced remarks against complainants' sexual orientation during a
preliminary conference, resulting in a fine, suspension, and a warning to uphold the dignity and
impartiality of the judiciary."
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2002 BAR EXAM QUESTION

2002 BAR EXAM QUESTIONS-LEGAL ETHICS QUESTION NO.7

A.) MAY A LAWYER DECLINE A REQUEST OF A FREE LEGAL AID OF AN INDIGENT ACCUSED MADE BY A
CHAPTER OF INTEGRATED BAR OF THE PHILIPPINES?
B.)WILL YOUR ANSWER BE DIFFERENT IF THE LEGAL AID IS REQUESTED IN A CIVIL CASE?
THANK YOU