“Dutiesand

Responsibilities of
lawyer to the
courts”
CANON 10 - A lawyer owes candor,
fairness and good faith to the court.
Principles:
 Candor and fairness are demanded of every
lawyer. The burden cast on the judiciary
would be intolerable if it could not take at
face value what is asserted by counsel.
 A lawyer's language should be forceful but
dignified, emphatic but respectful as befitting
an advocate and in keeping with the dignity
of the legal profession. The lawyer's arguments
whether written or oral should be gracious to
both court and opposing counsel and should
be of such words as may be properly
addressed by one gentlemen to another
RULE 10.01, CANON 10 A
lawyer shall not do any
falsehood, nor consent to the
doing of any in court; nor shall
he mislead, or allow the court
to be misled by any artifice.
A lawyer must be a disciple of truth. He
should bear in mind that as an officer of
the court his high vocation is to correctly
inform the court upon the law and the
facts of the case and to aid it in doing
justice and arriving at a correct conclusion.
The courts on the other hand are entitled
to expect only complete honesty from
lawyers appearing and pleading before
them. While a CANON lawyer has the
solemn duty to defend his client’s cause,
his conduct must never be at the expense
of the TRUTH.
 NOTE: A lawyer owes fidelity to the
cause of his client but not at the
expense of truth and the
administration of justice (Garcia v.
Francisco, Adm. Case no. 3923, March
30, 1993). Presenting false evidence is
not justifiable. It is a clear violation of
Canon 10 and Rule 10.01 of the CPR.
 Examples of falsehood;

 1.Lawyers falsely stating in a deed of

sale that property is free from all liens
and encumbrances when it is not so
(Sevilla v. Zoleta, A.C. No. 31, March
28, 1955);
2. Lawyers making it appear that a person, long
dead, executed a deed of sale in his favor
(Monterey v. Arayata, Per. Rec. Nos 3527, 3408,
August 23, 1935);
3. Lawyer encashing a check payable to a
deceased cousin by signing the latter’s name
on the check (In re: Samaniego, A.C. No. 74,
November 20, 1959);

4. Lawyer falsified a power of attorney and used

it in collecting the money due to the principal
and appropriated the money for his own
benefit (In re: Rusina, A.C. No. 270, May 29,
1959);
5. Lawyer alleging in one pleading that his clients
were merely lessees of the property involved, and
alleged in a later pleading that the same clients
were the owners of the same property where
there are false allegations in the pleadings
(Chavez v. Viola, G.R. No. 2152, April 19, 1991);
6. Lawyer uttering falsehood in a Motion to
Dismiss. (Martin v. Moreno, A.C. No. 1432, May 21,
1984);
7. Lawyer denying having received the notice to
file brief which is belied by the return card
(Ragasajo v. IAC, G.R. No. L-69129, August 31,
1987);
8. Lawyer presenting falsified
documents in court which he knows
to be false (Berenguer v. Carranza,
A.C. No. 716, January 30, 1969);
9. Lawyer filing false charges or
groundless suits (Retuya v. Gorduiz,
A.C. No. 1388, March 28, 1980); and
10. Making untruthful and false
statements before the court (Molina
v. Magat, A.C. No. 1900, June 13,
2012).
 RULE 10.02, CANON 10 A lawyer shall not
knowingly misquote or misrepresent the
contents of the paper, the language or the
argument of opposing counsel, or the text
of a decision or authority, or knowingly cite
as law a provision already rendered
inoperative by repeal or amendment, or
assert as a fact that which has not been
proved. If not faithfully and exactly quoted,
the decisions and rulings of the court may
lose their proper and correct meaning, to
the detriment of other courts, lawyers and
the public who may thereby be misled.
 RULE 10.03, CANON 10 A lawyer shall observe
the rules of procedure and shall not misuse
them to defeat the ends of justice. Filing
multiple actions constitutes an abuse of the
Court’s processes. Those who filed multiple or
repetitive actions subject themselves to
disciplinary action for incompetence or willful
violation of their duties as attorneys to act with
all good fidelity to the courts, and to maintain
only such actions that appear to be just and
consistent with truth and honor (Pablo R.
Olivares etc. v. Atty. Arsenio Villalon Jr., A.C.
No.
Instances when lawyers can be
disciplined based on the pleadings
they filed When a counsel deliberately:
1. Files an unsigned pleading in
violation of the rules;
2. Alleges scandalous matters therein;
or
3. Fails to promptly report to the court a
change of his address (Sec. 3, Rule 7,
RRC).
 NOTE: A lawyer should not abuse his right
of recourse to the courts for the purpose
of arguing a cause that had been
repeatedly rebuffed. Neither should he
use his knowledge of law as an instrument
to harass a party nor to misuse judicial
processes, as the same constitutes serious
transgression of the Code of Professional
Responsibility. For while he owes fidelity to
the cause of his client, it should not be at
the expense of truth and the
administration of justice (Garcia v.
Francisco, A.C. No. 3923, March 30, 1993).
---
RULE 10.04, CANON 10 A lawyer
shall, when filing a pleading,
furnish the opposing party with a
copy thereof, together with all
the documents annexed
thereto. Unless a motion is ex
parte, he should set it for
hearing, with sufficient notice to
the other party.
Facts:
Hueysuwan Florido v. Atty. Florido,
A.C. No. 5624, January 20, 2004
Atty. Florido demanded from his wife that the
custody of their children be surrendered to him. He
showed her a photocopy of an alleged Resolution
issued by the CA supposedly granting his motion
for temporary child custody. His wife refused. Atty.
Florido filed a verified petition for the issuance of a
writ of habeas corpus asserting his right to custody
of the children on the basis of the alleged CA
Resolution. His wife, however, obtained a
certification from the CA stating that no such
resolution had been issued.
ISSUE:

Whether of not Atty. Florido be held

administratively liable for his reliance on
and attempt to enforce a spurious
Resolution of the CA?
Ruling:

Atty. Florido’s actions erode the

public perception of the legal
profession. Candor and fairness
are demanded of every lawyer.
The burden cast on the judiciary
would be intolerable if it could
not take at face value what is
asserted by counsel.
The time that will have to be devoted just to
task to the verification of allegations
submitted could easily be imagined.
Hence, respondent violated Canon 10.