Documentos de Académico
Documentos de Profesional
Documentos de Cultura
communications in pleadings
and judicial proceedings
Problem Areas in Legal Ethics
Arellano University School of Law Arellano Law Foundation
2015-2016
July 3, 2007
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Defensor-Santiago case
Senator Miriam Defensor-Santiagos speech delivered on the
Senate floor:
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CPR
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive
or menacing language or behavior before the Courts.
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Cuenco v. Cuenco, et. al., G.R. No. L-29560 March 31, 1976
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GMA Network, Inc. v. Bustos, et. al., G.R. No. 146848 October
17, 2006
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No. 146848
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16, 1997
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1982
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Admonition to lawyers
While indeed lawyers should be allowed some latitude of
remark or comment in the furtherance of the causes they
uphold such remarks or comments should not trench beyond
the bounds of relevancy and propriety. Besides, the language
vehicle does not run short of expressions which are emphatic
but respectful, convincing but not derogatory, illuminating but
not offensive. Gutierrez v. Abila, et. al., G.R. No. L-59161
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Libelous remarks?
Against said order, Atty. Sesbreno filed a motion seeking
reconsideration with a counter-motion for contempt against the
appellant for reneging on his commitment to reimburse
appellee's clients and for resorting to dilatory tactics. To that,
Atty. Ceniza, filed his "Opposition to Motion for Reconsideration,
Etc." charging Sesbreno with misrepresentation, prevarication,
and "telling a barefaced and documented lie." Replying to
these remarks, Sesbreno then filed his "REPLY" Atty. Ramon B.
Ceniza is an irresponsible person, cannot be trusted, like
Judas, a liar and irresponsible childish prankster.- subject
matter of Ceniza's libel suit.
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Balancing act
While the doctrine is liable to be abuse and its abuse may lead
to great hardships, yet to give legal action to such libel suits
would give rise to greater hardships.
Lawyers, most especially, should be allowed a great latitude of
pertinent comment in the furtherance of the causes they
uphold, and for the felicity of their clients, they may be
pardoned some infelicities of language. - PP v. Atty. Sesbreno,
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Test to be applied
A pleading must meet the test of relevancy to avoid being
considered libelous. - PP v. Atty. Sesbreno, G.R. No. L-62449 July
16, 1984
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1984
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Unprofessional conduct
Mutual bickering and recriminations between brother attorneys
detract from the dignity of the legal profession and will not
receive any sympathy from this Court. - PP v. Atty. Sesbreno,
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31, 1976
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US jurisprudence
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593 (2003)
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