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PAO chief to explain tirades vs new lawyers' code of conduct
By J.Lo
PAO Chief Percida Acosta
"Over 2,000 legal practitioners nationwide took part in Ethics Caravan held from September 2022 to January 2023," Supreme Court Public Information Office said consultations, led by Sub-Committee for Revision of Code of Professional Responsibility, were held in person and remotely.
SC has dismissed request of Public Attorney's Office chief Persida Acosta to delete part of Code of Professional Responsibility and Accountability that limits her office from invoking conflict of interest.
High court has also noted Acosta's "unabated public tirades against Canon III, Section 22 through social and mainstream media, branding adoption of CPRA as unconstitutional, and an undue interference and intrusion by SC into PAO's operations."
SC Public Information Office said in statement, justices, sitting as full court, dismissed Acosta's request to delete Section 22, Canon III of CPRA, which replaced 34-year-old guide for lawyer's conduct in the country.
Provision reads:
SECTION 22. Public Attorney's Office; conflict of interest. Public Attorney's is primary legal aid service office of government. In pursuit of its mandate under its charter, Public Attorney's Office shall ensure ready access to its services by marginalized sectors of society in manner that takes into consideration avoidance of potential conflict of interest situations which will leave these marginalized parties unassisted by counsel.
Conflict of interest of any of lawyers of Public Attorney's Office incident to services rendered for Office shall be imputed only to said lawyer and lawyer's direct supervisor. Such conflict of interest shall not disqualify rest of lawyers from Public Attorney's Office from representing affected client, upon full disclosure to the latter and written informed consent.
SC then ordered Acosta to explain why she should not be cited in indirect contempt for "her social media posts and newspaper publications which tended, directly or indirectly, to impede, obstruct, or degrade administration of justice."
Acosta had earlier written to Chief Justice Alexander Gesmundo requesting deletion of provision that PAO head said allows two lawyers from their office to represent opposing parties in court trial.
This, Acosta said, "creates impression justice system in the Philippines is sham." She stressed: "It is detrimental to public service because crucial to keeping people's trust in our justice system is prevention not only of actual commission but any appearance of impropriety."
But SC stressed PAO's primordial mandate is to "extend free legal assistance to indigent persons in criminal, civil, labor, administrative and other quasi-judicial services."
To turn away indigent litigants and bar them from availing of their services contravenes their office's principal duty, SC PIO said.
High court also pointed outt contrary to Acosta's claims, SC promulgated CPRA following their rule-making power.
Meanwhile, SC PIO said tribunal characterized Acosta's "resort to social and print media to air her unfounded grievances against Court as threat to independence of judiciary," prompting them to order PAO chief to show cause why she should not be disciplined as Member of Bar.
According to Rules of Court, punishment for indirect contempt is fine not exceeding P30,000 or imprisonment not exceeding six months, or both. Supreme Court has approved Code of Professional Responsibility and Accountability, "modern, relevant and responsive guide for lawyer's conduct."
In statement SC Public Information Office said high court unanimously approved CPRA in its en banc session in Baguio. This is part of SC's efforts to update 34-year-old Code of Professional Responsibility.
CPRA is set to be launched on April 13.
Launch is culmination of Ethics Caravan, series of consultative discussions in cities of Cebu, Davao, Naga, Baguio and Manila.
In an earlier statement, SC PIO said CPRA "follows values-based framework, divided into canons on independence, propriety, fidelity, competence, diligence, equality and accountability, similar to New Code of Judicial Conduct."
CPRA shall also include new provisions promoting responsible use of social media. This shall include "prohibition on posting, sharing, uploading, or otherwise disseminating false or unverified statements and claims, or any other act of disinformation; prohibition on maintaining or operating social media accounts for purpose of obscuring lawyer's identity to circumvent law; and expansion of scope of impermissible advertisement to include social media."
Revised Lawyer's Oath shall also be part of CPRA.
For launch, over 250 members of Bench and Bar, prosecutors and other members of legal profession and the academe.
SC PIO said Gesmundo will deliver keynote speech while Senior Associate Justice Marvic Leonen will deliver inspirational message during launch.
Associate Justices Amy Lazaro-Javier, Samuel Gaerlan and Maria Filomena Singh, who are all part of Sub-Committee who led consultations, will also deliver remarks.
Messages of support will also be delivered from esteemed guests from European Union, Australian Embassy, Asia Foundation and United Nations Office on Drugs and Crime.
"There will also be signing of Manifesto of Commitment to Ethical Responsibility", SC PIO also said.
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