SC launches new lawyers’ code on responsibility, accountability


The Supreme Court (SC) on Thursday, April 13, launched the Code of Professional Responsibility and Accountability (CPRA) which will serve as “bible” for all lawyers and “compass” that would direct them “towards moral and just conduct.”

The CPRA, which was launched officially at the Manila Hotel, revised the 34-year-old Code of Professional Responsibility (CPR) of lawyers.

“CPRA is no mere revision; it is an overhaul -- an overhaul on the approach and attitude by lawyers of their ethical responsibility in the new era of law practice -- an era of more attuned, more responsible, and more accountable legal practice,” Chief Justice Alexander G. Gesmundo said in his speech during the launching.

Some sectors said that “very noticeable” in the new code is the emphasis on the duty of every lawyer to assist poor litigants in their legal needs.

Also, the CPRA prohibits lawyers from having “dating, romantic or sexual relations with a client. “A lawyer shall not have dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced,” the code states.

At the same time, the code states that “during the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances” and that a lawyer “shall not borrow money from a client during the existence of the lawyer-client relationship, unless the client’s interests are fully protected by the nature of the case, or by independent advice.”

Chief Justice Gesmundo said: “In a world where the rule of law is the cornerstone of justice, it is our duty, as members of the legal profession, to adhere to the highest standards of ethical conduct and professional responsibility.”

“In our pursuit of truth and justice, we must be mindful of fostering an environment of respect for law and of our fellow men and women. It is only by this manner that we can preserve the moral standard of society, promote the administration of justice, and contribute in building a more just and peaceful society for all,” he stressed.

The CPRA was approved unanimously last April 11 by the 15-justice SC after conducting Ethics Caravan -- a series of consultative discussions -- in the cities of Cebu, Davao, Naga, Baguio, and Manila.

During the Cebu City leg of the caravan, Gesmundo emphasized the addition of “accountability” in the tile of the code “as a significant change reinforcing ethical commitment among lawyers.”

“It is time to change not just the Code itself, but the people’s attitude towards it. We must convince everyone that ethics is a way of life,” he said.

During the Davao City caravan, Gesmundo rallied the members of the legal community “to give dignity and nobility to the profession so as to regain the trust of the people in lawyers and in the entire justice system.”

“In the final product of our consultations with various stakeholders around the country, we have attained the reform and transformation of the mindset and culture of legal practice in the country,” Gesmundo said in his Manila Hotel speech.

“True enough, far from delineating our responsibilities to society, the legal profession, the courts, and our clients, as embodied in the old CPR, CPRA distilled the core values underpinning the practice of our profession,” he said.

He pointed out that independence “is a vital principle in the legal profession as it ensures that lawyers carry out their duties and obligations effectively, to clients and society, and in the administration of justice.”

But he stressed that independence “is not a call for unbridled discretion; rather, it implies the delicate balancing between rendering accessible, efficient, and effective legal service, and maintaining integrity despite external pressures.”

He said that “propriety in CPRA calls for honesty, courtesy, civility, and fairness in all facets of life” as he pointed out that “this approach extends to the very words we choose, urging us to employ dignified, gender-fair, child-and culturally-sensitive language to promote equity and inclusion.”

Citing advancements in technology, Gesmundo reminded lawyers: “As we navigate the complex world of social media, we must ensure that our online presence upholds the dignity of our profession. This means refraining from posting false or unverified information, revealing confidential matters, or using social media to unduly influence official duties.”

He said that in legal practice, “fidelity encompasses our fiduciary duty to our client, and our loyalty to our laws and the administration of justice.”

However, he said: “Fidelity does not entail blind loyalty. It means protecting our clients’ best interests while maintaining the sanctity of our laws.”

On legal services to the poor and vulnerable sectors of society, Gesmundo said:

“As lawyers, we are called upon to provide exceptional service to all, with heightened vigilance when serving the vulnerable.

“The role of lawyers in serving the public interest extends to ensuring access to justice by all, regardless of socio-economic status. This necessitates providing pro bono legal services when necessary, volunteering time and expertise to those in need, and advocating policies that address systemic barriers to legal representation.

“By working to ensure that everyone has a fair opportunity to seek justice, we contribute to a more just and equitable society.”

On the accountability of lawyers, he said: “Accountability safeguards the integrity of the profession. In this regard, CPRA outlines a framework for disciplinary proceedings to ensure that those who fail to adhere to our ethical standards face the consequences of their actions. It is our collective duty to uphold the integrity of our profession and protect the trust of the people we serve.”

“Indeed, CPRA captures the ideal characteristics that all in the legal profession must live up to, and tackles the use of social media, formation and definition of the lawyer-client relationship, conduct of non-legal staff, among other intricacies experienced by practitioners today. It also consolidates separate regulations pertaining to the discipline of lawyers, abbreviates administrative proceedings, and addresses the punitive aspect of unethical legal practice,” he said.

CPRA, he also said, “is part of our bigger campaign for ethical responsibility under our desired outcome of efficiency, as embodied in our Strategic Plan for Judicial Innovations 2022-2027 or SPJI.”

“Ethics, the guiding principle that shapes our actions, lies at the heart of our legal practice,” he added.

Executive Secretary and former Chief Justice Lucas P. Bersamin, Justice Secretary Jesus Crispin C. Remulla, Solicitor General Menardo I. Guevarra,Senior Justice Marvic MVF Leonen, and Justices Amy C. Lazaro-Javier, Samuel H. Gaerlan, Ramon Paul L. Hernando, Henri Jean Paul B. Inting, Rodil V. Zalameda, Mario V. Lopez, Jhosep Y. Lopez, Jose Midas P. Marquez, Maria Filomena D. Singh attended the launch.

Chief Justice Gesmundo made special mention of Justices Javier and Gaerlan who are the chairperson and vice chairperson of the sub-committee on the revised of the CPR.

Also present were Court of Appeals Presiding Justice Remedios A. Salazar-Fernando, Sandiganbayan justices led by Presiding Justice  Amparo M. Cabotaje-Tang, Court of Tax Appeals Associate Justices Erlinda Pinera Uy and Belen Ringpis Liban, judges of the trial courts, Court Administrator Raul B. Villanueva, and deputy and assistant court administrators, Judicial Integrity Board (JIB) officials, Philippine Judicial Academy (PhilJA) officials, among others.

Officers of the Integrated Bar of the Philippines, Philippine Bar Association and Philippine Association of Law Schools, and deans of various law schools in the country were also in attendance.

The officials of the SC’s development partners -- Australian Aid, The Asia Foundation, Governance in Justice Program (GOJUST), and United Nations Office on Drugs and Crime (UNODC) – also attended the Manila Hotel event.