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QUEN RIO B.

SULONG

POSITION PAPER IN PALE

A lawyer will delay no man for money or malice as enunciated


in the lawyers oath. As such, it is expected that a lawyer must not
decline or refuse to handle cases that he/she believe to be a conflict
or contradiction to his/her personal and religious belief.

Indeed, everyone is free to choose and practice his/her own


religion and beliefs and the constitution respect such right specially
here in our country, the constitution intends to respect every persons
choice of religion thats why we did not set a mandatory religion here
in the country instead we are known to have diverse religious culture.
However, this general rule may not be applicable for persons who are
practicing law because from the very beginning of there career they
have ought to carry on justice by making no delay for money and
malice among their clients.

Moreover, CANON 14 of the Code of Professional


Responsibility states that;

14.01- A Lawyer shall not decline to represent a person solely


on account of the latters race, sex, creed or status in life, or because
of his own opinion regarding the guilt of said person.

Therefore, it is clear that a lawyer is expected to set aside his


own personal/religious beliefs without any discrimination in accepting
a case as supported not only by the Lawyers oath but also by the
Lawyers code of Professional Responsibility.

On the other hand, a lawyer is not bound to accept every case


that is referred to him by a prospective client. Thus, if he is already
loaded with cases he should not accept any more cases which he
could no longer handle ( Legarda v. CA G.R. no. 94457). Also a
Lawyer must on his own responsibility and decide what he accepts
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(CANON 31, CPE; Enriquez v. Gimenez 101 Phil.932). However, it
must be taken into consideration that a lawyer can only be allowed to
refuse in handling cases only if the reason is base on having full or
loads of cases otherwise the refusal is not valid.

The reason for the restriction among lawyers to refuse or


decline cases by reason of his/her religious beliefs is primarily
because innocent persons who are victims only of circumstances
might be denied of proper defense. Lastly, Art. 3 Sec. 18; (1) of the
Constitution states that, No person shall be detained solely by reason
of his political/religious beliefs and aspiration which then gives us the
impression that such violation is still tenable under our constitution.

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9. What provision of the Code of Professional Responsibility does a
Lawyer violate if he/she refuses to accept the case of a client
because of his/her religious belief against separation of spouses?
Reconcile the obligation of a lawyer to his client or to the community
and his/her right to exercise his/her own belief?

CANON 14 of the Code of Professional Responsibility states that;

14.01- A Lawyer shall not decline to represent a person solely


on account of the latters race, sex, creed or status in life, or because
of his own opinion regarding the guilt of said person.

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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 IBP or any of its chapter for the rendition
of free legal aid.

A lawyer is not bound to accept every case that is referred to him by a


prospective client. Thus, if he is already loaded with cases he should
not accept any more cases which he could no longer handle (legarda
v. CA G.R. no. 94457)

He must on his own responsibility and decide what he accept


(CANON 31, CPE; Enriquez v. Gimenez 101 Phil.932)

RESTRICTION: CANON 14 because innocent persons who are


victims only of circumstances might be denied of proper defense

Consti art. 3 sec 18; (1) No person shall be detained solely by reason
of his political beliefs and aspiration.