By Farah G. Decano

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THE role of a government legal counsel for chief executives is defined by the highest standards of integrity, not by political expediency.

​A government lawyer is bound by two supreme oaths: (1) the Lawyer’s Oath, and (2) the Oath as a Public Official.

Neither oath is incompatible with the other; both demand that the rule of law must be upheld at all times with utmost integrity and moral uprightness. A lawyer’s duty to the government is ultimately a duty to the people and the law, which cannot be disregarded to satisfy a principal.

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​Government lawyers are officers of the court and must conduct themselves with unwavering professionalism and respect for the judicial process.

​We must be vigilant against any practice that may be perceived as undermining judicial independence or exploiting one’s position. Concerns have been raised regarding instances of undue familiarity or perceived special treatment afforded to legal counsels for Local Government Units (LGUs).

​It is crucial to observe the following principles:

• ​Avoidance of Appearance of Impropriety: Judges and lawyers must strictly adhere to decorum, particularly when interacting outside of formal court proceedings. Discussions between a lawyer and a judge concerning pending matters should strictly follow ethical protocols. For example, there should be no chamber discussions without the presence of opposing counsels.

• ​No Entitlement: Government lawyers should not expect or receive any privileges or special access from judges that are not afforded to private counsel. They must be treated like any other lawyer appearing before the court, ensuring equality and fairness in proceedings. 

For example, online hearings are generally not allowed. So must judges give the LGU legal counsel the convenience to appear online for her/his  PRIVATE cases? The answer is simple. No. 

• ​Upholding Professional Reputation: A lawyer’s reputation is built on adherence to professional ethics and competence, not on access or influence. As exemplified by officials who strictly observe professional requirements, diligence, and respect for proper decorum, maintaining a good professional standing requires constant adherence to the CPRA.

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To all government legal counsels: your primary allegiance is to the law and the administration of justice. Not to your boss or your pockets. You serve as a pillar of the legal system, and your actions must constantly reflect your dedication to public service and ethical conduct.

​We must always remember our solemn two oaths. Any actions that prioritize pleasing a politician over your duty as an officer of the court and guardian of the law ultimately do a disservice to the public and bring discredit upon the legal profession.

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Let us all be reminded to act with propriety at all times, for as the saying goes, “nanlayag so dalin.” Aliwan ed sikayo dapat so panlapuan ya makapoy. Imbes, sikayo kumon so mangibangat no anto so duga ed ley tan pangkamaungan na amin.  

Your integrity is your most valuable asset. Mutekteken tayo ya kumon.