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POSITION PAPER 13
16
JULY 8
FACTS:
It has been revealed by Christine Helm that she willfully and
and has fabricated letters between her and a certain Max, who is
controvert the testimony earlier provided upon which the case of the
Position:
It must be given stress that the revelation done was after the trial and
counsel for the defense is to maintain its fortitude and loyalty to his
client. The defense should set aside its pride on being had upon by the
man could afford to be lied to and lied upon, then he deals not in lies.
would shift as a counsel for the defense. The proper act to be done is
that a lawyer is also an officer of the court and as such he has the duty
committed the crime of Murder and that the witness perjured herself in
order to deceive the court for the acquittal of Leonard Vole then as a
that a lawyer owes good faith to the court. As such, if the defense
then the defense does not deserve to be part of this noble profession.
Perjury has been committed and therefore, it deviates from the moral
made, the counsel is then obligated by his duty to his client to keep a
1 Code of Professional Responsibility
16 III. POSITION PAPER
CANON 21 - 2 A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED. (Code of Professional
Responsibility)
upon such notion and as such, the counsel is to keep the confidence.
be ethical. However, as counsel for the defense, I may not disclose any
4
Art. 209. Betrayal of Trust by an Attorney or Solicitor.
Revelation of secrets. In addition to the proper administrative
action, the penalty of prision correccional in its minimum period,
or a fine ranging from P200 to P1000, or both, shall be imposed
upon any attorney at law or solicitor who, by any malicious
break of professional duty as inexcusable negligence or
ignorance, shall prejudice his client, or reveal any of the secrets
of the latter learned by him in his professional capacity.
5
General Rule: Obligation to keep secrets covers only lawful
purposes
Exceptions:
1. Announcements of intention of a client to commit a crime
2. Client jumped bail and lawyer knows his whereabouts; or
client is living somewhere under an assumed name
3. Communication involves the commission of future fraud
or crime but crimes/frauds “already committed”
2 Code of Professional Responsibility
3 http://www.lawphil.net/judjuris/juri2005/may2005/ac_5108_2005.html
4 Revised Penal Code
5 https://lawphilreviewer.wordpress.com/tag/legal-ethics-chapter-iv-the-lawyer-
and-the-client/
III. POSITION PAPER 17
falls within the privilege. (Emphasis supplied) (Art.
209 RPC)
As seen from the foregoing, the act of disclosing the secrets of the
client is not only unethical in the purview of the law but is also
Professional Responsibility