Explain the Work of Lay Magistrates 10 Marks

Characters: Judge, B, Attorney X. Judge: after hearing the charges against you, they are accusing you of raping your own daughter, how do you plead? B: I plead not guilty your honor, I did not do it. ….. (after ng ilang minutes/ seconds) Wait your honor!! Can I talk to my lawyer?? I need to talk to him Atty. X : We need a minute your honor, there seems to be a confusion between myself and my client ( atty lapit kay B. usap.. ) B: Atty.!

Guilty tlaga ako!! Ntatakot lang akong makulong.. . anong gagawin ko? Atty X: magplead ka ng gulty kung ayaw mong pagsisihan yan habang buhay. Ako bahala sayo B: okay atty! :(( (Atty & b balik sa position) Atty X: We are ready to proceed your honor, my client would like to change his plea. Judge: Well, Mr. B, what would you like to change your plea to? B: I plead your guilty, your Honor Judge: Are you sure? B: YES your honor!! Atty: Your honor!

My client admits the crime and is willing to serve life in prison. ******************** ***** END *************************************** Attorney X was appointed as lawyer for B, who was accused of raping his own daughter. B pleaded not guilty but thereafter privately admitted to Attorney X that he did commit the crime charged. In light of B’s admission, what should Attorney X do? Attorney X should suggest to B that he should plead guilty to the crime as charged. Canon 19, Rule 19.

02 of the Code of Professional Responsibility states that a lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. A lawyer shall do his best efforts to restrain and prevent his client from perpetrating acts which he himself not ought to do, particularly with reference to their conduct towards courts, judicial officers, witnesses.

If client persists in such wrongdoings, the lawyer should terminate their relation. If in the cause of the employment of the lawyer in a case, he discovers or receives information that his client has perpetuated a fraud upon a person or tribunal, he shall promptly advise the client to rectify the same, and if the client refuses to heed the lawyer’s advice for rectification, the lawyer must withdrew from the case. However the lawyer shall not volunteer the information about the client’s commission of fraud to anyone for that will run counter to his duty to maintain at all times the clients confidences and secrets. `