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
Promulgation of the Code of Professional Responsibility and Accountability With the rising use of technology in the dissemi- nation of information, certain adjustments must be made as to how lawyers behave both in the real and in 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 administration of justice (see ABS CBN Corporation v Ampatuan Jr, GR No 227004, 25 April 2023), the Supreme Court now regulates lawyers’ use of social media, stat- ing 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 experi- ence and behaviour of members of the Philip- pine Bar mostly through social media and the internet”. Thus, one of the key developments in the Code of Professional Responsibility and Accountability (CPRA), which was promulgated in 2023, can be found in Canon II, Sections 36 to 44 wherein the duties of lawyers now include upholding “the dignity of the legal profession in all social media interactions in a manner that enhances the peo- ple’s confidence in the legal system, as well as promote its responsible use”. In this context, the term “social media” is defined by Philippine jurisprudence as “web-based plat- forms 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 ethical implications, regardless of the pri- vacy setting. As explained in ABS CBN Corpo- ration v Ampatuan Jr, GR No 227004, 25 April
2023, lawyers have the duty to safeguard their client’s secrets and confidences. In their online presence, lawyers are thus prohibited from (among others): • disseminating disinformation; • using fraudulent accounts; • disclosing privileged information; and • influencing government agencies in the per- formance of their duties. The CPRA advises and reminds lawyers to exer- cise prudence in their interactions and in giving legal information and advice on online platforms. Aside from technology, the CPRA welcomed improvements in relation to gender-sensitivi- ty and equality. To this end, a lawyer is duty- bound to not use oral or written language that is abusive, intemperate, offensive or otherwise improper, whether made through traditional or electronic means, including on all forms or types of mass or social media. The authors saw the Supreme Court implement this in recent discipli- nary action cases against erring lawyers. Equality and non-discrimination were also includ- ed in the CPRA, which now requires every lawyer to adhere to the principle of equality and to firmly hold the belief that every person – regardless of nationality or ethnicity, colour, sexual orientation or gender identity, religion, disability, age, marital status, social or economic status, and other like circumstances – has the fundamental right to equal treatment and representation. Depending on the gravity of the offence commit- ted, a violation of the foregoing rules can lead to: • a reprimand; • censure; • suspension from the practice of law;
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