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Imputation of a misconduct, impropriety, or crime without basis, C2S13 CPRA

Section 13, Canon II

SECTION 13. Imputation of a misconduct, impropriety, or crime without basis. – A lawyer shall not, directly or indirectly, impute to or accuse another lawyer of a misconduct, impropriety, or a crime in the absence of factual or legal basis.
Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing of frivolous or baseless administrative, civil, or criminal complaints against another lawyer. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Imputation of a misconduct, impropriety, or crime without basis

a. No imputing to or accusing another lawyer of a misconduct, impropriety, or a crime without factual or legal basis

Whether directly or indirectly, lawyers are prohibited from imputing to or accusing another lawyer of a misconduct, impropriety, or a crime in the absence of factual or legal basis. This will not only result in an administrative liability but may also result in criminal liability for slander or libel.

Further, if there is evidence, then lawyers should file a complaint in the proper venue for such claim or allegation to be duly resolved. Otherwise, making baseless accusations against another lawyer will not only affect the parties involved, but will also tarnish the dignity of the legal profession.

b. No filing or causing to be filed, or assisting in the filing of frivolous or baseless administrative, civil, or criminal complaints against another lawyer

For the same reasons earlier, whether directly or indirectly, lawyers should not file or cause to be filed, or assist in the filing of frivolous or baseless administrative, civil, or criminal complaints against another lawyer. If the allegations are supported by evidence and there is merit therein, complaints with the proper channels or venues should be availed of by the complainants.

References

Canon II, 2023 Code of Professional Responsibility

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