Atty. Bravo represents Carlos Negar (an insurance agent for Dormir Insurance Co.) in a suit filed by insurance claimant Andy Limot who also sued Dormir Insurance. The insurance policy requires the insured/claimant to give a written notice to the insurance company or its agent within 60 days from the occurrence of the loss.
Limot testified during the trial that he had mailed the notice of the loss to the insurance agent, but admitted that he lost the registry receipt so that he did not have any documentary evidence of the fact of mailing and of the timeliness of the mailed notice. Dormir Insurance denied liability, contending that timely notice had not been given either to the company or its agent. Atty. Bravo’s client, agent Negar, testified and confirmed that he never received any notice.
A few days after Negar testified, he admitted to Atty. Bravo that he had lied when he denied receipt of Limot’s notice; he did receive the notice by mail but immediately shredded it to defeat Limot’s claim.
If you were Atty. Bravo, what would you do in light of your client’s (Carlos Negar’s) disclosure that he perjured himself when he testified? (8%)
Suggested answer only. Not an official answer and not legal advice.
I will advise Negar to rectify his false testimony in court, and if he refuses, I will inform the court or withdraw as counsel.
Under the Code of Professional Responsibility and Accountability (CPRA), a lawyer who learns that his client offered false testimony must urge the client to rectify it. If the client refuses, the lawyer must inform the court or withdraw from the representation, as a lawyer's duty of candor to the court supersedes client confidentiality.
Here, upon learning that Negar lied under oath about receiving the notice, I must privately advise him to disclose the truth to the court. If he refuses to rectify his perjury, I am duty-bound to disclose the falsity to the tribunal or withdraw as counsel to avoid perpetrating fraud upon the court.
Therefore, I will urge Negar to rectify his perjury, and if he refuses, I will disclose the falsity to the court or withdraw as counsel.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What must a lawyer do upon discovering that his client offered false testimony in court under the CPRA?
Under the CPRA, a lawyer must first advise the client to rectify false testimony given in court.
What is a lawyer's duty if a client refuses to rectify perjured testimony given during trial?
If a client refuses to correct perjury, counsel must inform the court or withdraw from representation.
How does the duty of candor to the court interact with client confidentiality regarding active perjury?
The duty of candor to the tribunal prevails over client confidentiality when active perjury occurs.
Which rule governs an attorney's ethical conduct when a client perpetrates fraud upon the court?
The Code of Professional Responsibility and Accountability sets the ethical duties of lawyers in Philippine courts.
Why is an attorney prohibited from knowingly allowing a client's perjured testimony to stand uncorrected?
As an officer of the court, a lawyer cannot allow false testimony to perpetrate fraud on the judicial process.
Learn more about these topics
1. Rectification of Perjury
Under Canon III of the Code of Professional Responsibility and Accountability (CPRA), when a lawyer discovers that his client has offered false testimony or committed perjury during trial, the lawyer is duty-bound to advise the client to rectify the falsehood. The attorney must explain the serious legal consequences of perjury and urge the client to inform the tribunal voluntarily. This rule ensures that legal representation does not become an instrument for perpetrating fraud or deception upon the court.
2. Candor Over Confidentiality
While an attorney owes a high duty of confidentiality and loyalty to a client, the paramount duty of candor to the court prevails when a client refuses to rectify perjured testimony. If the client refuses to correct the false testimony, counsel must promptly inform the court of the falsity or seek leave to withdraw as counsel. A lawyer is an officer of the court and cannot knowingly allow false evidence to remain part of the judicial record.
3. Withdrawal as Counsel
Under the CPRA, an attorney may withdraw from representing a client if the client insists on pursuing an illegal or unethical course of conduct, such as perpetuating perjury. Withdrawal prevents the attorney from becoming complicit in judicial fraud. By seeking permission from the court to withdraw without disclosing privileged communications beyond what is necessary, the lawyer maintains ethical integrity while upholding the administration of justice.