Comparative Analysis CPR

Canon 1 in CPRA show case on the different facets of independence in the
discharge of professional duties of a lawyer. Lawyer should conduct and process his
obligation towards his client in the administration of law, observance of the rule of law
and dispensation of justice through the independence of the bar from any political or
social influences, encroachment and interference to carry out their obligations in a free
and secure environment, where they are able to warrant access to justice and provide
their clients with intelligent, impartial and objective advice, without fear or persecution,
without undermining exercise of independent judgment base on the merits and not on
improper acts that tends to influence the administration of justice in the best interest of
the client at all times.
In the Canon 2 of CPR independence was mentioned but not detailed or has
no particular meaning. Independence in this canon is quite reserved and silent. Its
meaning and purpose only depends on the connotation of the words “efficient and
convenient”. However, these words give rise to correlative duty on the part of the legal
profession to serve the client with utmost diligence and make legal services available
at all times.
Canon II.(Sec. 1 -14)

CPRA ponders the comprehensive significance of Propriety. It is the adherence to
established norms, customs, and social etiquette that govern appropriate behavior within
a specific cultural or social group whether in private or public. The concept of propriety is
important for understanding human social interactions, as it plays a crucial role
in shaping interpersonal relationships, maintaining social harmony, and promoting
cooperation and collaboration within the legal profession, the court, the litigants and the
environment.
Most of the provisions in the CPRA are lifted from the CPR. There are some points that
were added to enhance the old provision to conform with the trends of modern society.
One of the new amendments are the inclusion of the Safe Spaces Act to ensure
workplace safe and violent free, security and safety not only in private, but also on the
streets, public spaces, online and workplaces. The Harassing or Threatening Conduct
one of the most prevalent problems in the modern legal society, this inclusion in the
CPRA cautions the legal profession to remain more sensitive to the workplace
diversity they belong and work. The Violation of R.A 9262 which gives protection to
any kind of violence or discrimination. These laws are timely included for there is a
necessity for the member of the bar to be extra cautious in his personal or professional
dealings or engagement whether in public or private life that reflects one’s fitness to
practice law. It is the bounden duty of lawyers to adhere strongly to the highest
standards of morality. Lawyers are called upon to safeguard the integrity of the Bar,
free from misdeeds, and act constitutive of malpractice. Their exalted positions as
officers of the court demand no less than the highest degree of morality.
In the Code of Professional Responsibility, there is no distinction as to whether the

transgression is committed in the lawyer’s professional capacity or in his private life or
in his private transaction because a lawyer may not divide his personality as to be an
attorney at one time and a mere citizen at another.The Code of Professional
Responsibility provides for the rules that must be observed by the lawyer to maintain
their good moral character while in the practice of their legal profession. A lawyer shall
always conduct himself ethically and morally.
CPRA also integrates the Safe Spaces Act. It further recognizes the equality of men
and women and the use of gender biased terminology. The insertion of the law on R.A
9262 Harassment and Threatening are Fair competition in the adversary system is
secured by prohibitions against destruction or concealment of evidence, improperly
influencing witnesses, obstructive tactics in discovery procedure, and the like. False
Representation regarding material fact and Inaccuracy of statements that would
naturally affect the litigation and twist the outcome of the judgment. In this matter
Lawyers should take reasonable remedial or appropriate measures, including
disclosure if necessary, to preserve its integrity of the adjudicative process.
Sec. 3 Safe Environment

-Based on Sec. 2 of the Safe Spaces Act, Republic Act No. 11313
The State also recognizes that both men and women must have equality, security and
safety not only in private, but also on the streets, public spaces, online, workplaces and
educational and training institutions.
- Safe Environment means duty of care is discharged by taking steps to keep all those
in our care safe and free from abuse;
Sec.4 in relation to Rule 8.01 and 11.03 -in CPR it is generally
use of, use of language refers only to one gender.
Sec.6 Harassing or threatening conduct
-intimidating, humiliating, provoking, threatening or causing another person fear or
emotional distress.
Sec.7 Formal Decorum
Sec.8 Prohibition against misleading the court, tribunal, or other government agency.
Sec.9 Obstructing access to evidence or altering, destroying, or concealing evidence.
Sec.10 Conduct in the presentation of a witness.
Sec.11 False representations or statements; duty to correct. — A lawyer shall not make
false representations or statements.19 A lawyer shall be liable for any material damage
caused by such false representations or statements. A lawyer shall not, in demand
letters or other similar correspondence, make false representations or statements, or
impute civil, criminal, or administrative liability, without factual or legal basis. A lawyer
shall correct false or inaccurate statements and information made in relation to an
application for admission to the bar, any pleading, or any other document as soon as
its falsity or inaccuracy is discovered or made known to him or her. (n)
- Incorrect representation regarding material fact.
- Inaccuracy of statements
Sec.12 Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall

immediately report any dishonest, deceitful or misleading conduct in relation to any
court, tribunal, or proceeding, to the affected court or tribunal, or to other proper
authorities. Any such report shall be treated with strict confidentiality. A baseless report
shall be subject to civil, criminal or administrative action. (n)
-unfounded , fraudulent
Sec.13 Imputation of misconduct, impropriety, or crime without basis. — A lawyer shall
not, directly or indirectly, impute to or accuse another lawyer of a misconduct,
impropriety or a crime, in the absence of factual or legal basis. Neither shall a lawyer,
directly or indirectly, file or cause to be filed, or assist in the filing of frivolous or
baseless administrative, civil or criminal complaints against another lawyer. (n)
Commission of any act of fraud, embezzlement or dishonesty
Sec.14 Remedy for grievances; insinuation of improper motive. — A lawyer shall
submit grievances against any officer of a court, tribunal, or other government agency
only through the appropriate remedy and before the proper authorities. Statements
insinuating improper motive on the part of any such officer, which are not supported by
substantial evidence, shall be ground for disciplinary action.(n)
An independent legal profession is a cornerstone of the rule of the law i .

i
Is The Legal Profession Too Independent? P.350

Comparative Analysis CPR

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Comparative Analysis CPR

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Canon 1 in CPRA show case on the different facets of independence in the

Canon II.(Sec. 1 -14)

In the Code of Professional Responsibility, there is no distinction as to whether the

Sec. 3 Safe Environment

Sec.12 Duty to report dishonest, deceitful or misleading conduct. — A lawyer shall

An independent legal profession is a cornerstone of the rule of the law i .

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