Title
Request of the Public Attorney's Office to Delete Section 22, Canon III of the Proposed Code of Professional Responsibility and Accountability
Case
A.M. No. 23-05-05-SC
Decision Date
Jul 11, 2023
PAO Chief challenged CPRA's conflict-of-interest rule for public attorneys, claiming discrimination; Court upheld provision, citing constitutional authority, and directed her to show cause for potential contempt.

Case Digest (G.R. No. 68635)
Expanded Legal Reasoning Model

Facts:

  • Atty. Acosta’s communications
  • On April 20, 2023, Atty. Persida V. Rueda-Acosta, Chief of the PAO, wrote to Chief Justice Gesmundo requesting:
    • Deletion of Section 22, Canon III of the proposed Code of Professional Responsibility and Accountability (CPRA).
    • Temporary suspension of its implementation pending review of constitutionality and impact on justice system integrity and public attorneys’ safety.
  • On June 6, 2023, she reiterated her concerns and sought a dialogue, reiterating comments from her September 15, 2022 letter on the CPRA.
  • SC’s CPRA promulgation process
  • The Supreme Court en banc conducted extensive consultations across five major cities over five months, collating comments from stakeholders, including the PAO.
  • The CPRA was approved on April 11, 2023, published in the Philippine Star and Manila Bulletin on May 14, 2023, and took effect on May 30, 2023.
  • Content of Section 22, Canon III (CPRA)
  • Declares the PAO as the government’s primary legal aid service and mandates avoidance of conflicts that leave marginalized parties unassisted.
  • Provides that a conflict of interest of any PAO lawyer is imputed only to that lawyer and the lawyer’s direct supervisor, allowing other PAO lawyers to represent the client upon full disclosure and written informed consent.

Issues:

  • Requests by the PAO Chief
  • Should Section 22, Canon III of the CPRA be deleted entirely?
  • Should its implementation be temporarily suspended pending further review?
  • Constitutional and statutory questions
  • Did the Supreme Court exceed its rule-making power under Art. VIII, Sec. 5(5) by promulgating Section 22?
  • Does Section 22 violate the equal protection clause by distinguishing indigent clients?
  • Is Section 22 inconsistent or repugnant with Republic Act No. 9406 (PAO Charter) or the 2021 Revised PAO Operations Manual?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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