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Duty to Uphold the Constitution and Obey the Laws of the Land

Adm. Case No. 8108 July 15, 2014


JIMENEZ & VIZCONDE vs. VERANO, JR.

FACTS: Jimenez and Vizconde are founders of Volunteers Against Crime and Corruption. Atty. Verando
is the counsel of Brodett and Tecson known as the "Alabang Boys" who were accused in cases of illegal
sale and use of dangerous drugs by the PDEA. However, these were dropped for lack of probable cause.
Due to media reports of bribery and cover-up, House Committee on Illegal Drugs conducted
Congressional Hearings. It was revealed that Atty. Verano prepared a release order for his clients using
the letter head of the DOJ and then Secretary Gonzales. Petitioners filed a complaint to Chief Justice
Puno stating that Verano admitted to drafting such order, committing a highly irregular and unethical act.
Atty. Lozano also filed a complaint against Verano for violating Canon 1 when he drafted the said Order
and sent it to a high ranking official. These complaints were consolidated. Atty. Verano contends that he
relied on sheer faith in the innocence of his clients and fidelity to their cause prompted him to do it saying
that "if the Secretary of Justice approves it, then everything may be expedited." and also claiming that due
to their personal acquaintance with the Secretary, they were welcomed. However, such act of feeding the
draft order was found to be highly irregular tending to influence a public official.

ISSUE: Whether Atty. Verano's act of unlawfully drafting the release order violates Canon 13

HELD: Yes. Atty. Verano is guilty of violating Rules 1.02 and 15.07 in relation to Canon 13 as there was a
clear intent to gain special treatment and consideration form a government agency.

Canon 13 - A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends
to influence, or gives the appearance of influencing the court.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening
confidence in the legal system.

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of
fairness.

The primary duty of lawyers is not to their clients but to the administration of Justice. The conduct of a
member of the Bar ought to and must always be observant of the laws and ethics. Any means not
honorable, fair and honest resorted to by the lawyer, even in the pursuit of his devotion to his client's
cause, it condemnable and unethical.

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