lawyers

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Photo taken by Marco Paolo Z. Lambino

 

From Danielle:

 

Atty. Marichu,

 

     Jun Lozada says that he told Atty. Bautista that he had some reservations about the accuracy of the affadavit he prepared for him to sign. But the lawyer said for him to sign it anyway so that the Palace would be happy (or words to that effect). Can the courts censure him for this. Thank you  – Danielle         

 

 

  Dear Danielle,      

 

      Usually, lawyers try not to comment on other lawyer’s behaviour or practice of the profession unless they’re public officials or unless they’re opposing counsel and it has something to do with the case.  Maybe a general statement would do: the captors of Rodolfo “Jun” Lozada that day and all those who helped the captors hold the witness or make him do certain acts under duress can,  upon probable cause, be charged  as principals and accomplices with either kidnapping or arbitrary detention, grave coercion, obstruction of justice (in connection with the Senate warrant of arrest); and for making him sign untruthful affidavits: grave coercion, maybe falsification, maybe subornation of perjury (if notarized); in addition, hypothetically any lawyer who engages in what may be considered criminal behaviour may, in addition to criminal charges,  be the subject of discipline  by the Supreme Court  with notice and hearing,  for violation of the following: Canon  1 of the Code of Professional Responsibility: “Canon 1. A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes. Rule 1.01: A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.” Etc. If the person is not a lawyer but pretending to be a lawyer, it’s indirect contempt. And on top of all those criminal charges that could be filed against the captors and accomplices; in the future if any plunder case is filed arising from the payoffs and commissions in the ZTE deal, all those who engaged in cover-up operations can, on probable cause, be charged too as accessories in the plunder case.  Thanks for writing! -marichu

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