CANON 13 Note:
Reliance on the merits of case and avoidance from any impropriety which tends to
influence or gives appearance of influence upon the courts.
- Giving of GIFTS to judges are DISCOURAGED because it tend to give an
appearance of influencing the conduct of judicial function or breeds
familiarity with judges.
- The motions and pleadings CANNOT be acted upon according to the
reputation of the law firm or the lawyer filing it. However, it should be acted
upon in accordance with the merit or the lack of it. (Rodica v. Atty.
Lazaro)
Rule 13.01
Prohibits the following:
1. Extending extraordinary attention or hospitality to judges;
2. Seeking opportunity to cultivate familiarity with judges.
Purpose:
- To protect the good name and reputation of the judge and the lawyer.
Note: It is improper that a litigant or counsel talks to the judge in chambers about
matters of the case pending in the court where the judge presides. (Austria v.
Masaquel)
Rule 13.02
Prohibits:
- The Making of Public Statements in the media about a case still pending in
court which tends to arouse public opinion for or against a party.
Prejudicial Publicity
- The allegation (complaint or information) and proof that a judge had been
unduly influenced by the public opinion in deciding a case must be present.
- It is not sufficient that the judge might be unduly influenced, there must be
proof to allege the same.
Lawyers and public officials with the duty of prosecuting or defending the actions in
court may criticize or comment on the decision of the judge AFTER the litigation is
ended.
If the case was still pending, it constitutes a criminal contempt.
**The Court in a pending litigation must be shielded from embarrassment or influence
in its duty of deciding the case.
**Once a case is concluded, the judge who decided it is subject to the same criticism
as any other public official because his decision becomes public property and is thrown
open to public consumption.
**Criticism shall be bona fide and NOT spill over the bounds of decency and
propriety.
Rule 13.03
Applies against ALL branches and agencies of the government.
Prohibits the following:
1. To brook
2. To invite interference by another branch or agency of the government in the
normal course of judicial proceedings
Reason:
Such action will be CONTRARY to the principle of separation of powers.
Note:
All lawyers must uphold, respect, and support the independence of the judiciary.
It is gross ignorance of the law and the constitution when a lawyer asked the President
to set aside be decree the Court’s decision suspending him for 2 years from the practice
of law. (De Bumanlag v. Bumanlag)