CANON 6

THESE CANONS SHALL APPLY TO LAWYERS

IN GOVERNMENT SERVICE IN THE
DISCHARGE OF THEIR OFFICIAL TASKS
 “to lawyers in government service
in discharge of their official duties”
• lawyer does not shed his professional obligations upon his assuming
public office
• disreputable conduct is magnified in the public eye
• fundamental principle in public law:
 public office is public trust; and
 a public servant owes utmost fidelity to the public service
PUBLIC INTEREST
PERSONAL INTEREST
discharge duties with:
 highest degree of excellence, professionalism, intelligence and skill;
act with:
 justness and sincerity;
provide:
 service without discrimination;
extend to the public:
 prompt, courteous and adequate sevice
CANON 6

Rule 6.01
The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is
done. The supression of the facts or the concealment of
witness capable of establishing the innocence of the
accused is highly reprehensible and is cause for
disciplinary action.
CANON 6
Rule 6.01
-two-told aim: guilt shall not escape or innocence suffer
“his finest hour is not when he wins a case with the conviction
of the accused. His finest hour is still when, overcoming the
advocates natural obsession for victory, he stands up before the
court and pleads not for the conviction of the accused bu tfor
his acquittal. For indeed, his noble task is to prosecute only the
guilty and to protect the innocent.” (People v. Madera, 57 SCRA
349, 356 (1974))
CANON 6
Rule 6.01

People vs. Pineda

(G.R. No. L-26222 July 21, 1967)

The primary duty of a lawyer engaged in public prosecution is not to

convict but to see that justice is done. The supression of the facts or
the concealment of witness capable of establishing the innocence of
the accused is highly reprehensible and is cause for disciplinary
action.
CANON 6

Rule 6.02
A lawyer in the government service shall not use his public
position to promote or advance his private interests, nor
allow the latter to interfere with his public duties.
CANON 6
Rule 6.02
Code of conduct and ethical standards for public officials and employees:
1. own, control, manage or accept employment as officer, employee,consultant, counsel,
broker, agent, trustee ot nominee in any private enterprise regulated supervised or
licensed by their office unless expressly allowed by law;
2. engage in private practice of their profession unless authorized by the Constitution or
law, provided that such practice will not conflict or tend to conflict with their official
functions;
3. recommend any person to any position in a private enterprise which has a regular or
pending oficial transaction with their office; and
4. use or divulge confidential or classified information officially known to them by reason
of their office and not available to the public either, to further their private interests or
give undue advantage to anyone, or to prejudice the public interest.
CANON 6
Rule 6.02

Re Resolution of The Court dated 1 June 2014 in

G.R. No. 72954 Against Atty. Avecilla
(AC No. 6683, July 21, 2011)

A lawyer in the government service shall not use his public position to
promote or advance his private interests, nor allow the latter to
interfere with his public duties.
CANON 6

Rule 6.03
A lawyer shall not, after leaving government service,
accept engagement or employment in connection with any
matter in which he had intervened while in said service.
CANON 6
Rule 6.03

“any matter” - any discrete, isolatable act as well as identifiable

transaction or conduct involving a particular situation and specific
party, and not merely and act of drafting, enforcing or interpreting
government of agency procedures, regulations or laws, or briefing
abstract principles of law (ABA Formal Opinion 342)

“Intervention” - substantial responsibility

CANON 6
Rule 6.03

PNB vs Atty Cedo

(AC No. 3701, March 28, 1995)

A lawyer shall not, after leaving government service, accept

engagement or employment in connection with any matter
in which he had intervened while in said service.
 THESE CANONS SHALL APPLY TO LAWYERS IN
CANON 6 GOVERNMENT SERVICE IN THE DISCHARGE OF
THEIR OFFICIAL TASKS
Rule 6.01
The primary duty of a lawyer engaged in public prosecution is not to convict but to see that
justice is done. The supression of the facts or the concealment of witness capable of
establishing the innocence of the accused is highly reprehensible and is cause for
disciplinary action.
Rule 6.02
A lawyer in the government service shall not use his public position to promote or advance
his private interests, nor allow the latter to interfere with his public duties.
Rule 6.03
A lawyer shall not, after leaving government service, accept engagement or employment in
connection with any matter in which he had intervened while in said service.
THANK YOU