Atty. Billy, a young associate in a medium-sized law firm, was in a rush to meet the deadline for filing his appellant’s brief. He used the internet for legal research by typing keywords on his favorite search engine, which led him to many websites containing text of Philippine jurisprudence. None of these sites was owned or maintained by the Supreme Court. He found a case he believed to be directly applicable to his client’s cause, so he copied the text of the decision from the blog of another law firm, and pasted the text to the document he was working on. The formatting of the text he had copied was lost when he pasted it to the document, and he could not distinguish anymore which portions were the actual findings or rulings of the Supreme Court, and which were quoted portions from the other sources that were used in the body of the decision. Since his deadline was fast approaching, he decided to just make it appear as if every word he quoted was part of the ruling of the Court, thinking that it would not be discovered.
Atty. Billy’s opponent, Atty. Ally, a very conscientious former editor of her school’s law journal, noticed many discrepancies in Atty. Billy’s supposed quotations from the Supreme Court decision when she read the text of the case from her copy of the PhUippine Reports. Atty. Billy failed to reproduce the punctuation marks and font sizes used by the Court. Worse, he quoted the arguments of one party as presented in the case, which arguments happened to be favorable to his position, and not the ruling or reasoning of the Court, but this distinction was not apparent in his brief. Appalled, she filed a complaint against him.
a. Did Atty. Billy fail in his duty as a lawyer? What rules did he violate, if any? (2%)
b. How should lawyers quote a Supreme Court decision? (2%)
Suggested answer only. Not an official answer and not legal advice.
[a] Yes, Atty. Billy failed in his duty as a lawyer by misleading the court; and [b] lawyers must quote Supreme Court decisions verbatim, reproducing exact words, punctuation, and formatting. Under Canon II, Section 8 of
Unlock the full Remedial Law answers365 days of full access. GCash, Maya and card accepted.
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 ethical duty under the CPRA does a lawyer violate by misquoting a Supreme Court decision to mislead the court?
Misquoting a Supreme Court decision to mislead the court violates the lawyer's duty of candor, fairness, and honesty.
How must a lawyer quote Supreme Court decisions in official court pleadings?
Lawyers must quote Supreme Court decisions verbatim, reproducing exact words, punctuation, and formatting.
What is the effect of passing off a party's arguments quoted in a decision as the Supreme Court's actual ruling?
Passing off a party's argument as the Court's ruling constitutes deliberate misrepresentation and a breach of candor.
Does an approaching court deadline excuse a lawyer from verifying legal citations copied from internet blogs?
Choices available with full access.
Which official publication should lawyers use to verify the accuracy and exact text of Supreme Court decisions?
Choices available with full access.
Learn more about these topics
1. Duty of Candor
Under Canon II, Section 8 of the Code of Professional Responsibility and Accountability, a lawyer shall not knowingly misquote, misrepresent, or mislead the court as to the contents of any statute, decision, or legal authority. A lawyer owes absolute candor, fairness, and honesty to the court as an officer of justice. Intentionally misleading the tribunal regarding jurisprudence erodes judicial efficiency and compromises the integrity of legal proceedings, subjecting the attorney to administrative disciplinary sanctions.
2. Quoting Judicial Decisions
Lawyers are strictly required to quote decisions of the Supreme Court verbatim, reproducing the exact wording, punctuation marks, capitalization, and formatting used by the Court. When referencing jurisprudence in pleadings, an attorney must carefully distinguish between the Court's actual ratio decidendi and the unendorsed arguments of party litigants. Passing off a party's arguments as judicial rulings constitutes deliberate misrepresentation and a breach of ethical duties owed to the court.
3. Unverified Legal Research
Relying on unverified third-party blogs or secondary internet sources for legal research does not excuse misquoting jurisprudence in official court pleadings. Approaching filing deadlines and time constraints do not justify submitting inaccurate or misleading legal citations to judicial tribunals. Lawyers are obligated to exercise due diligence by verifying legal authorities against official court publications, such as the Philippine Reports, prior to filing pleadings with the court.