[G.R. No. 130068. October 1, 1998] FAR EASTERN SHIPPING COMPANY, petitioner , vs . COURT OF APPELAS and PHILIPPINE PORTS AUTHORITY, respondents . [G.R. No. 130150. October 1, 1998] petitioner, oner, vs v s . PHILIPPINE PORTS AUTHORITY and FAR MANILA PILOTS ASSOCIATION, petiti EASTERN SHIPPING COMPANY, respondents.
FACTS: Sometime in 1980, M/V PAVLODAR, owned and operated by the Far Eastern Shipping Company, arrived at the Port of Manila. When the vessel reached the landmark, Gavino ordered the engine stopped and anchor dropped which was relayed by Kavankov to the crew. However, the anchor did not take hold and the bow of the vessel rammed into the apron of the pier causing considerable damage to the pier and the vessel. The PPA, through the OSG, filed a complaint for a sum of money against the FESC, Capt. Senen C. Gavino and the Manila Pilots Association, praying that the defendants therein be held jointly and severally liable liable to pay pay for damages damages plus plus costs of of suit., which the trial court court and the the CA decided in the affirmative. affirm ative. Neither of the defendants was happy with wi th the decision and both of them elevated their respective plaints to the SC via separate petitions for review on certiorari. However, on matters of compliance with procedural requirements, the conduct of the respective counsel for FESC, PPA and OSG leaves much to be desired, to the displeasure and disappointment of the Court. The records showed that the counsels of FESC filed several motion for extension of time to file petition totaling to 210 days, and 180 days for the OSG before the comment was filed to the court and copies where not furnished to the parties involved; the certification against forum shopping is also defective. ISSUE: 1. Whether or not the counsel violated the CPR. 2. Whether or not not the canons under the CPR applies to lawyers in government service. Ruling: 1. Yes. As between the lawyer and the courts, a lawyer owes candor, fairness and good faith to the court. He is an officer of the court exercising a privilege which is indispensable in the administration of justice. Candidness, especially towards the courts, is essential for the expeditious administration of justice. A lawyer is obliged to observe the rules of procedure and not to misuse them to defeat the ends of justice. A lawyer should not only help attain these objectives but should likewise avoid any unethical or improper practices that impede, obstruct or prevent their realization, charged as he is with the primary task of assisting in the speedy and efficient administration of justice. Sad to say, the members of said law firm sorely failed to observe their duties as responsible members of the Bar.
2. Yes. the Court find a lackadaisical attitude and complacency on the part of of the OSG in the handling of its cases and an almost reflexive propensity to move for countless extensions,
as if to test the patience of the Court, before favoring it with the timely submission of required pleadings. The OSG is reminded that just like other members of the Bar, the canons under the Code of Professional Responsibility apply with equal force on lawyers in government service in the discharge of their official tasks. These ethical duties are rendered even more exacting as to them because, as government counsel, they have the added duty to abide by the policy of the State to promote a high standard of ethics in public service. Wherefore, counsel for FESC, the law firm of Del Rosario and Del Rosario, specifically its associate, Atty. Herbert A. Tria, is REPRIMANDED and WARNED. The original members of the legal team of the OSG are ADMONISHED and WARNED.
