Words by Louise Alexandra Dia and Milliene Ianah R. Rocas
The San Beda University-College of Law (SBU-COL) held the 2nd Law Colloquium: The Dean Emeritus Virgilio B. Jara Lecture Series last April 29, at the Jonathan Sy Auditorium, New Building to discuss the new Code of Professional Responsibility and Accountability (CPRA) for Filipino lawyers.
Dean Marciano “Rocky” Delson kickstarted the event and introduced the two speakers instrumental to the crafting of the CPRA, Supreme Court Associate Justice Samuel Gaerlan and Atty. Antonio Ceasar Manila. “A colloquium is an academic conference in which we encourage discussion among speakers and visitors on matters of common interest… We only teach our students what the law is, the beauty of the law. We do not teach our students how to go around the law,” Dean Delson remarked.
Justice Gaerlan spearheaded the talk. He raised the fact that after 34 years of existence of the old Code of Professional Responsibility (CPR), rapid technological advancements have rendered it archaic. “The Supreme Court saw it fit to revise the old code by virtue of the Memorandum Order No. 111-2021 dated November 22, 2021.” he said.
Justice Gaerlan also emphasized the role of ethics in the lives of lawyers. “Ethics is an essential ingredient to gain the key component that leads to our perfection. In fact, as humans, the most important and fulfilling challenge is to strive to live moral and ethical lives.”
Furthermore, the CPRA has included rules on social media in upholding the dignity of the legal profession online and proliferation of fake news. “The CPRA reminds lawyers to always uphold the dignity of the legal profession in all their social media interactions, promote responsible use, and preserve the sanctity of all privileged communications in their online posts.” Justice Gaerlan stressed.
Meanwhile, Atty. Manila, a Bedan alumnus and currently the Judicial Staff Head in the Supreme Court, is also among the brains behind the CPRA. He discussed the salient features of CPRA.
These provisions include emphasis on merit-based practice of lawyers; responsible use of social media; duty to report to appropriate authorities suspicious and covered transactions; prohibition of sexual, dating, and romantic relationship with a client; limitation of conflict of interest to Public Attorney’s Office (PAO) lawyers handling the case and those in direct supervision thereof; sub judice rule; prohibition on lending money to client; penalties for violation; among others.
According to Atty. Manila, CPRA has integrated pertinent provisions from various laws such as Republic Act (R.A) No. 11313 (Safe Spaces Act) and R.A. 9262 (Violence against Women and Children), which are evident in Canon 2, Section 3 that prohibits lawyers from engaging in all forms of abuse or harassment.
Atty. Manila also presented a “unique” provision in CPRA that is first in the world. It redefines formal decorum and appearance in court consistent with the dignity of the court and with due respect to the sexual orientation and gender identity/expression of the lawyer. “Traditionally, we accept female lawyers going to the courts wearing slacks, barongs, and even suits. But why is it when male lawyers go to the court wearing dress, that is looked down upon? Why is there a disparity? Gender identity/expression and Filipino culture has been greatly taken into consideration by the Court in crafting this specific provision,” he noted.
The Supreme Court has recognized the growing complexity and changing standards of the modern world. The CPRA is part of the Court’s plan to craft a modern, relevant, and more responsive guide for lawyer’s conduct.
THE BARRISTER 