PHILIPPINES Trends and Developments Contributed by: Rowena L Garcia-Flores, Patricia Kay L. Tysmans-Clemente, Joseph Anthony I. Malaya and Roslyn Bianca R. Mangaser, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
Promulgation of the Code of Professional Responsibility and Accountability
A violation of the CPRA may warrant the imposition of disciplinary sanctions, such as: • reprimand; • censure; • suspension from the practice of law; • revocation of notarial commission; • disqualification as a notary public; and • the imposition of a fine, or even disbarment, depending on the gravity and circumstances of the offence committed. The rules likewise allow the consideration of both miti- gating and aggravating circumstances in the deter- mination of the appropriate sanction, ensuring that disciplinary measures are proportionate and just. This principle was illustrated in a case wherein a lawyer publicly posted on his Facebook account the statement: “The Supreme Court’s threat to cite in con- tempt the PAO Chief for defending the PAO cannot be called any… name other than judicial tyranny.” The lawyer was found to have violated the provisions of the CPRA, demonstrating the judiciary’s consistent enforcement of ethical standards governing the legal profession, even in the realm of social media expres- sion. (See Re: Post of Atty Erwin Erfe on Social Media Accusing the Court of Judicial Tyranny , AM No 23-07- 26-SC, 27 February 2024.) Digitalisation of Court Processes During the COVID-19 pandemic, the Supreme Court of the Philippines revised the Rules of Practice and Procedure before courts to speed up the resolution of cases and de-clog court dockets. The new rules have been drafted primarily to make court processes more efficient and less costly for litigants, and to reduce the use of paper in pleadings, submissions and orders. They were also intended to help the court system adapt to the global trend of cyber development and digitalisation. In November 2024, the Supreme Court drafted an AI Governance Framework for the Judiciary in recogni- tion of the growing significance of AI in judicial pro- cesses. This framework comprises guidelines for the
With the rising use of technology in the dissemination of information, certain adjustments have to be made regarding how lawyers behave both in the real and the virtual world. With the public’s access to information, and considering that the proliferation of fake news threatens to erode public confidence in the adminis- tration of justice (see ABS CBN Corporation v Ampat- uan Jr , GR No 227004, 25 April 2023) the Supreme Court now regulates lawyers’ use of social media, stating that “there is a timely and bona fide need to revise the Code of Professional Responsibility to take into account recent developments and technological trends which impact the experience and behaviour of members of the Philippine Bar mostly through social media and the internet”. Thus, one of the key developments in the Code of Pro- fessional Responsibility and Accountability (CPRA), which was promulgated in 2023, can be found in Can- on II, Sections 36 to 44, wherein the duties of lawyers now include upholding “the dignity of the legal profes- sion in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promotes its responsible use”. In this context, the term “social media” is defined by Philippine jurisprudence as “web-based platforms that enable online interaction and facilitate users to generate and share content” (see Belo-Henares v Guevarra , AC No 11394, 1 December 2016). Thus, it includes the likes of Facebook, Instagram, TikTok, LinkedIn and Strava. The CPRA recognises that using social media has eth- ical implications regardless of the privacy setting. As explained in the 2023 case of ABS CBN Corporation v Ampatuan Jr , lawyers have the duty to safeguard their client’s secrets and confidences. In their online pres- ence, lawyers are thus prohibited from disseminating disinformation, using fraudulent accounts, disclosing privileged information and influencing government agencies in the performance of their duties, among others. The CPRA advises and reminds lawyers to exercise prudence in their interactions and when giv- ing legal information and advice on online platforms.
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