Below is a comprehensive discussion of the duties and ethical responsibilities of lawyers in government service in the Philippines, with a focus on the principle of “propriety” under legal ethics. Although various ethical codes and rules touch on this topic—most notably the (old) 1988 Code of Professional Responsibility (CPR) for Lawyers, the 2023 Code of Professional Responsibility and Accountability (CPRA), as well as certain provisions in special laws, Supreme Court rulings, and administrative regulations—the overarching principles remain generally consistent.

I. Overview of the Governing Rules and Canonical Basis

Constitutional Foundations
- Public office is a public trust (Article XI, Section 1, 1987 Constitution).
- Government officials—including lawyer-public servants—must, at all times, be accountable to the people, serve them with utmost responsibility and integrity, and uphold public interest over personal interest.
Code of Professional Responsibility (1988) and Code of Professional Responsibility and Accountability (2023)
- Old Code (1988 CPR):
  - Canon 6 specifically states: “These canons shall apply to lawyers in government service in the discharge of their official tasks.”
  - The entire Code of Professional Responsibility is likewise binding on all lawyers, including those in the government sector.
- New Code (2023 CPRA):
  - Promulgated in April 2023 and also governs all lawyers, whether in private practice or government service.
  - Emphasizes the fiduciary nature of public office and the necessity for lawyers in government to remain free from conflicts of interest, corruption, and impropriety.
Other Sources
- New Code of Judicial Conduct (A.M. No. 03-05-01-SC, 2004) – Though primarily for judges, it contains overarching ideals on integrity and propriety that also illuminate the standard expected of all lawyers in public office.
- Administrative Circulars & Special Laws – For instance, Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) underscores the obligation of all public officials, including lawyers, to uphold honesty, integrity, and public interest.
- Jurisprudence – Supreme Court decisions consistently remind lawyer-public officials about the high standard of conduct, possible administrative and disciplinary sanctions, and the importance of avoiding any conduct that tends to diminish public confidence in the legal profession and the government.

II. Core Duties and Ethical Obligations of Lawyers in Government Service

A. Upholding Integrity and Propriety

Standard of Propriety
- Propriety involves not only behaving ethically but also avoiding the appearance of impropriety.
- Lawyers in public office must ensure that their actions are above reproach, mindful that even minor lapses can erode public trust.
Avoiding Conflicts of Interest
- A lawyer in government must not allow personal interests—or interests of friends and relatives—to influence official acts.
- They cannot represent private clients against the government or any of its agencies when this conflicts with their official function.
- They must recuse themselves or refrain from participation when personal interests might impair their impartiality.
Exercising Public Trust Responsibly
- All resources, information, and powers accessible by virtue of public office must be used solely for public good, not personal gain.
- Disclosure of financial interests (e.g., submission of the Statement of Assets, Liabilities, and Net Worth or SALN) in accordance with RA 6713 is mandatory.

B. Fidelity to the Law and the Constitution

Primacy of Public Interest
- Because of the constitutional principle that “public office is a public trust,” government lawyers are required to prioritize the state’s and the public’s interest over private or partisan interests.
- They must uphold and enforce the laws faithfully, including prosecuting wrongdoing and defending valid government acts when called for.
Duty to Obey and Promote Respect for the Law
- As with all lawyers under the Code of Professional Responsibility, but with an even higher level of accountability, government lawyers must maintain respect for legal processes.
- They should not act in a manner that undermines the legal system or fosters disrespect for the rule of law.

C. Honesty, Fairness, and Promptness

Integrity in Official Dealings
- Government lawyers often handle contracts, public procurements, or negotiations on behalf of the government. They must do so with transparency and honesty.
- Any form of corruption, bribery, graft, or acceptance of favors is strictly prohibited (see RA 3019 or the Anti-Graft and Corrupt Practices Act).
Fair and Impartial Treatment
- They should treat all persons—colleagues, subordinates, superiors, private individuals—with respect and fairness. They must shun favoritism or discrimination.
Prompt Disposition of Cases and Matters
- Whether they serve as prosecutors, counsel for government agencies, or in quasi-judicial capacities, they are obliged to avoid unreasonable delays in legal proceedings.
- The Constitution (Article III, Section 16) and the Code of Professional Responsibility highlight the right to speedy disposition of cases, requiring government lawyers to avoid dockets from clogging through inaction or delay.

D. No Unauthorized Private Practice of Law

General Prohibition
- Lawyers in government service, especially those who occupy positions that demand full-time attention, are generally prohibited from engaging in private practice of law.
- Exceptions apply only if expressly allowed by law and if a written permit from the head of the department is secured (e.g., teaching part-time in law schools, rendering pro bono service that does not conflict with official duties).
Reason for Prohibition
- To prevent any conflict between public duty and private interest; ensure that public responsibilities remain paramount.
- To avoid situations where government lawyers might exploit their official position to gain undue advantage in private matters.

E. Confidentiality of Information

Duty of Confidentiality
- Legal ethics require confidentiality regarding information obtained in a professional capacity.
- Government lawyers often have access to sensitive data (e.g., state secrets, law enforcement strategies, or official negotiations). They must not disclose or misuse such information for personal or third-party gain.
Limitations
- While confidentiality is paramount, there may be statutory or judicially created exceptions, such as responding to lawful court orders or legislative inquiries.
- The release of public records is governed by the principle of transparency and freedom of information statutes (if applicable), so government lawyers must reconcile confidentiality with legitimate requests for disclosure under the law.

F. Accountability and Disciplinary Consequences

Administrative Liability
- Violation of ethical obligations can expose the lawyer-public official to administrative sanctions (e.g., suspension, dismissal), under civil service rules or special laws like RA 3019, RA 6713, etc.
Professional Discipline by the Supreme Court
- The Supreme Court retains the power to discipline lawyers for professional misconduct, including those in government service, potentially leading to suspension or disbarment.
- Important Note: Government lawyers are not shielded from Supreme Court disciplinary authority by virtue of their position.
Criminal Liability
- Engaging in corrupt or fraudulent activities (e.g., malversation of public funds, direct bribery, graft) may also result in criminal prosecution.
- Conviction can lead to perpetual disqualification from holding public office in addition to imprisonment or fines.

III. Illustrative Jurisprudence

Pimentel v. Llorente – Emphasizes that a government lawyer owes fidelity to the public interest and cannot subordinate public duties to personal benefit.
Sabio v. Gordon (G.R. No. 174340, October 17, 2006) – Highlights that lawyers in the executive branch must faithfully execute laws and cannot impede legislative inquiries for personal or political interests.
Serrano v. Gallant Maritime – While not strictly about government lawyers, the Supreme Court reiterated the principle that lawyers must always be guided by the highest standards of honesty and fairness.
In re: Argosino (Various Cases) – Instances where government lawyers were disbarred or disciplined for conflicts of interest, corrupt practices, or betrayal of public trust.

IV. Practical Guidelines and Best Practices

Institute a Clear Conflict-of-Interest Policy
- Maintain a personal record or “conflict-check” system; immediately disclose potential conflicts to superiors or ethics committees.
Seek Written Permissions
- If engaging in any ancillary legal work—teaching, writing legal opinions outside official duties—obtain required written approvals and ensure no conflict with official duties.
Continuing Legal Education (CLE)
- Attend seminars on legal and ethical standards specifically tailored for government lawyers.
- Stay updated on new laws, rules, regulations, and jurisprudence relevant to government service.
Foster Transparency and Accountability
- Keep thorough records of all official transactions and decisions.
- Promote open communication with the public when consistent with the law (e.g., FOI policies, official press statements).
Cultivate a Strong Ethical Culture
- Encourage a sense of shared responsibility within the office.
- Leaders and supervisors in government legal offices should model ethical behavior and promptly address any misconduct.

V. Conclusion

Lawyers in government service bear a heightened responsibility to act with propriety, integrity, and impartiality. Their actions reflect not only on the legal profession but also on the legitimacy and credibility of the government itself. The canons and rules—whether from the old 1988 Code of Professional Responsibility or the new 2023 Code of Professional Responsibility and Accountability—are unequivocal: government lawyers must embody the highest ethical standards, prioritize public interest, avoid conflicts of interest, and consistently maintain the honor of both the public office they hold and the legal profession as a whole.

Failure to abide by these duties can result in severe consequences, including professional discipline (suspension or disbarment) and administrative or criminal liability. Conversely, faithful adherence to these ethical duties advances the rule of law, secures public trust, and upholds the nobility and honor of the legal profession in the public sector.