The Oath: The Lawyer's Ideal

What is an oath? Webster defnes it as: A solemn appeal to God, or in a wider

sense, to any sacred or revered person or sanction for the truth of an afrmation or
declaration or in witness of the inviolability of a promise or undertakin!" As early
asAlvarez vs. #$%, the &upreme #ourt e'plained its meanin in this wise:
%n its broadest sense, an oath includes any form of attestation by which a party
sinifes that he is bound in conscience to perform an act faithfully and truthfully! %t
is an outward plede iven by the person takin it, that his attestation or promise is
made under an immediate sense of his responsibility to God!
&ection () of *ule (+, of the *ules of #ourt states that an applicant who has passed
the re-uired e'amination, or has been otherwise found to be entitled to admission
to the bar, shall take and subscribed before the &upreme #ourt an oath of ofce!
.he new lawyer swears before a duly constituted authority as an attestation that
he/she takes on the duties and responsibilities proper of a lawyer! 0ore particularly,
form 1, of the 2udicial standard forms prescribes the followin oath to be taken by
the applicant:
I___________ of ___________ do solemnly swear that I will maintain allegiance to the
Republic of the Philippines; I will support its Constitution and obey laws as well as
the legal orders of the duly constituted authorities therein; I will do no falsehood
nor consent to the doing of any court; I will not wittingly nor willingly promote or
sue any groundless false or unlawful suit or give aid nor consent to the same; I will
delay no man for money or malice and will conduct myself as a lawyer according to
the best of my !nowledge and discretion with all good "delity as well to the courts
as to my clients; and I impose upon myself this voluntary obligations without any
mental reservation or purpose of evasion. #o help me $od.
.he takin of this oath is a condition to the admission to practice law and may only
be taken before the &upreme #ourt by a person authori3ed by the hih court to
enae in the practice of law! And what is the nature of a lawyer4s oath? %n the case
of &ebastian vs! #alis the &upreme #ourt held that: A lawyer4s oath are not mere
facile words, drift and hollow, but a sacred trust that must be upheld and kept
inviolable!" .he substance and ravity behind these words may be understood in
the liht of the substance and ravity behind the oath bein taken! %n a sense, the
oath embodies the ideals by which a lawyer lives by in the practice of the leal
profession! .his is why the lawyer4s oath has been likened to a condensed version of
the canons of professional responsibility! .his seems to have been confrmed in
5ndaya vs! 6ca, where it was held that: the lawyer4s oath embodies the
fundamental principles that uide every member of the leal fraternity! $rom it
sprins the lawyer4s duties and responsibilities that any infrinement thereof can
cause his disbarment, suspension or other disciplinary actions!"
%n the words of the &upreme #ourt, an oath is any form of attestation by which a
party sinifes that he is bound in conscience to perform an act faithfully and
truthfully! What then does a lawyer promise to perform faithfully and truthfully when
he takes on the oath upon bein admitted to the practice of law? %t is the very
practice of his duties and responsibilities as a lawyer! .he ravity of the oath is
rounded on two important thins: on the ravity of a lawyer4s duties and on the
fact that he makes a solemn promise before God to undertake these duties
faithfully! When a reat amount of trust is placed on such an ofce, then a
correspondin sense of interity and responsibility is e'pected of those who have
taken on that ofce! .he leal profession is one such ofce laden with a reat
amount of trust! %n the hands of the lawyer is entrusted not only the power to steer
the course of some client4s personal or business future but more importantly, the
very nature of the leal profession presupposes a certain moral burden that
demands personal interity! As stated by the &upreme #ourt:
7awyers are e'pected to abide by the tenets of morality, not only upon admission to
the 8ar but also throuhout their leal career, in order to maintain one4s ood
standin in that e'clusive and honored fraternity! Good moral character is more
than 2ust the absence of bad character! &uch character e'presses itself in the will to
do the unpleasant thin if it is riht and the resolve not to do the pleasant thin if it
is wron! .his must be so because vast interests are committed to his care9 he is
the recipient of unbounded trust and confdence9 he deals with his client4 s property,
reputation, his life, his all!
A lawyer is said to be the servant of the law and belons to a profession to which
society has entrusted the administration of law and the dispensin of 2ustice! $or
this reason, a lawyer4s oath impresses upon him the responsibilities of an ofcer of
the court upon whose shoulders rest the rave responsibility of assistin courts in
the proper, fair, speedy and efcient administration of 2ustice!
%n fact, it may be understood that the words contained in the oath of ofce
summari3e the main duties and responsibilities a lawyer is supposed to take on in
the practice of law! %n other words, every time an oath of ofce is taken, the person
makin the statement in e:ect states that in takin on the oath he/she promises to
conscientiously fulfll the duties entrusted to his ofce! &ection 1; of *ule (+,
enumerates what these duties are! %t is the duty of an attorney <
=a> .o maintain alleiance to the *epublic of the ?hilippines and to support the
#onstitution and obey the laws of the ?hilippines9
=b> .o observe and maintain the respect due to the courts of 2ustice and 2udicial
ofcers9
=c> .o counsel or maintain such actions or proceedins only as appearin to him to
be 2ust, and such defenses only as he believes to be honestly debatable under the
law9
=d> .o employ, for the purpose of maintainin the causes confded to him, such
means only as are consistent with truth and honor, and never seek to mislead the
2ude or any 2udicial ofcer by an artifce or false statement of fact or law9
=e> .o maintain inviolate the confdence, and at every peril to himself, to preserve
the secrets of his client, and to accept no compensation in connection with his
clients4 business e'cept from him or with his knowlede and approval9
=f> .o abstain from all o:ensive personality and to advance no fact pre2udicial to the
honor or reputation of a party or witness, unless re-uired by the 2ustice of the cause
with which he is chared9
=> @ot to encourae either the commencement or the continuance of an action or
proceedin, or delay any man4s cause, from any corrupt motive or interest9
=h> @ever to re2ect, for any consideration personal to himself, the cause of the
defenseless or oppressed9
=i> %n the defense of a person accused of crime, by all fair and honorable means,
reardless of his personal opinion as to the uilt of the accused, to present every
defense that the law permits, to the end that no person may be deprived of life or
liberty, but by due process of law!
%n order to fulfll these duties, every lawyer is e'pected to live by a certain mode of
behavior now distilled in what is known as the #ode of ?rofessional *esponsibility!
.he #ode mandates upon each lawyer, as his duty to society, the obliation to obey
the laws of the land and promote respect for law and leal processes! &pecifcally,
he is forbidden to enae in unlawful, dishonest, immoral or deceitful conduct! %n
essence, all that is contained in this #ode is succinctly summari3ed in the oath of
ofce taken by every lawyer! %t is of little surprise to fnd that in %agdaluyo vs.
&acethe &upreme #ourt declares that the lawyer4s oath is a source of obliations
and violation thereof is a round for suspension, disbarment or other disciplinary
action! %n the case of 'usinos vs. Ricafort, the &upreme #ourt also held that:
8y swearin the lawyer4s oath, an attorney becomes a uardian of truth and the rule
of law, and an indispensable instrument in the fair and impartial administration of
2ustice A a vital function of democracy, a failure of which is disastrous to society!
While the duty to uphold the constitution and obey the laws is an obliation
imposed upon every citi3en, a lawyer assumes responsibilities over and beyond the
basic re-uirements of ood citi3enship! As servant of the law, a lawyer ouht to
make himself an e'ample for others to emulate! Be should be possessed of and
must continue to possess ood moral character!
%n 'rion (r. vs. 'rillantes (r., the &upreme #ourt also ruled: the lawyer4s primary
duty as enunciated in the attorney4s oath is to uphold the constitution, obey the
laws of the land and promote respect for the law and leal processes! .hat duty in
its irreducible minimum entails obedience to the leal orders of the court!" .he
importance and sinifcance in upholdin the sanctity of a lawyer4s oath have been
hihlihted by the &upreme #ourt in the various rulins it made involvin
disciplinary actions aainst members of the leal fraternity!
The Real World Of The Legal Practice
While it is true that these ideals by which every lawyer swears to live by remain
sublime, the same ideals often hardly motivate some lawyers in the real world of
leal practice! %nstead of hih ideals, less honorable reasons and more pramatic
considerations A often fnancial and material in nature A take hold of many a cynical
and hardened lawyer! .his has been the cause of lament and e'pressions of rave
concern by honorable individuals, amon them the late &upreme #ourt #hief Custice
$red *ui3 #astro! %n an address before members of the leal profession, he said:
0any a leal practitioner, forettin his sacred mission as a sworn public servant
and his e'alted position as an ofcer of the court, has allowed himself to become:
An instiator of controversy, instead of a mediator for concord and a conciliator for
compromise9
A virtuoso of technicality in the conduct of litiation, instead of a true e'ponent of
the primacy of truth and moral 2ustice9
A mercenary purveyin the benefts of his enlihtened advocacy in direct proportion
to a litiant4s fnancial posture, instead of a faithful friend of the courts in the
dispensation of e-ual 2ustice to rich and poor alike!
.houh these words were e'pressed some time ao, yet is is sad to note that #hief
Custice *ui34s words still rin loud and true today! .he oal of remainin true to the
ideals of the leal profession is hampered by the seeminly irresistible inDuence and
pressures of modern day commercialism in almost every facet of human activity
and endeavor! %n various cases, the &upreme #ourt has denied applicant4s petition
to take the lawyer4s oath for rave misconduct or for any serious violation of the
canons of professional responsibility which puts in -uestion the applicant4s moral
character! 0oreover, a readin of the latest rulins of the hihest tribunal would
reveal the lawyer4s utter disreard, if not disdain, for the lawyer4s oath!
%n )itriola vs. *asig, a case for disbarment aainst an ofcial of the commission on
hiher education chared with ross misconduct in violation of the attorney4s oath
for havin used her public ofce to secure fnancial spoils, the &upreme #ourt, in
orderin respondent4s disbarment, held:
.he attorney4s oath is the source of the obliations and duties of every lawyer and
any violation thereof is a round for disbarment, suspension, or other disciplinary
action! .he attorney4s oath imposes upon every member of the bar the duty to
delay no man for money or malice!
&aid duty is further stressed in *ule (!;+ of the code of professional responsibility!
*espondent4s demands for sums of money to facilitate the processin of pendin
applications or re-uests before her ofce violates such duty, and runs afoul of the
oath she took when admitted to the bar!
.he afrmation by a lawyer to uphold the law was the sub2ect in *e $uzman vs. *e
*ios! %n this case where respondent was chared for representin conDictin
interest, found uilty and suspended for si' months, with a warnin, the hihest
tribunal held:
.o say that lawyers must at all times uphold and respect the law is to state the
obvious, but such statement can never be over<emphasi3ed! #onsiderin that, 4of all
classes and professions, =lawyers are> most sacredly bound to uphold and respect
the law4, it is imperative that they live by the law!
Accordinly, lawyers who violate their oath and enae in deceitful conduct have no
place in the leal profession! As a lawyer, respondent is bound by her oath to do no
falsehood or consent to its commission and to conduct herself as a lawyer to the
best of her knowlede and discretion! .he lawyer4s oath is a source of obliation
and violation thereof is a round for suspension, disbarment, or other disciplinary
action! .he acts of respondent Atty! Ee Eios are clearly in violation of her solemn
oath as a lawyer that this court will not tolerate!
%n #evillano 'atac (r. et al. vs. Atty. P. Cruz (r., the &upreme #ourt in orderin the
suspension of respondent, -uoted &ec! 1) of *ule (+, of the *evised *ules of #ourt,
thus:
&ection 1)! *isbarment or suspension of attorneys by supreme court; grounds
therefor+ A member of the bar may be disbarred orsuspended from his ofce as
attorney by the &upreme #ourt for any deceit, malpractice, or, other ross
misconduct in such ofce, rossly immoral conduct, or by reason of his conviction of
a crime involvin moral turpitude, or for any violation of the oath which he is
re-uired to take before admission to practice, or for a willful disobedience of any
lawful order of a superior court, or for corruptly or willfully appearin as an attorney
for a party to a case without authority so to do!
.he practice of solicitin cases at law for the purpose of ain, either personally or
throuh paid aents or brokers, constitutes malpractice! A lawyer, under his oath,
pledes himself not to delay any man for money or malice and is bound to conduct
himself with all ood fdelity to his client! &uch was the pronouncement of the
&upreme #ourt in orderin the disbarment of lawyer who converted the money of
his client to his own personal use without her consent! .he lawyer4s oath e'horts
law practitioners not to wittinly or willinly promote or sue any roundless, false or
unlawful suit, nor ive aid nor consent to the same! %n ,oung vs. 'atuegas, where
respondent was suspended for si' months for knowinly allein an untrue
statement of fact in his pleadin, the &upreme #ourt said, thus:
A lawyer must be a disciple of truth! Be swore upon his admission to the bar that he
will 4do no falsehood nor consent to the doin of any in court4 and he shall conduct
himself as a lawyer accordin to the best of his knowlede and discretion with all
ood fdelity as well to the courts as to his clients! Be should bear in mind that as an
ofcer of the court his hih vocation is to correctly inform the court upon the law
and the facts of the case and to aid it in doin 2ustice and arrivin at a correct
conclusion!
.he courts, on the other hand, are entitled to e'pect only complete honesty from
lawyers appearin and pleadin before them! While a lawyer has the solemn duty to
defend his client4s rihts and is e'pected to display the utmost 3eal in defense of his
client4s cause, his conduct must never be at the e'pense of truth!
.hat a lawyer4s oath are not mere facile words, drift and hollow, was applied by the
&upreme #ourt in )da. *e Rosales vs. Ramos, where a notary public commission
was revoked and respondent dis-ualifed from bein a notary public, in this manner:
where the notary public is a lawyer, a raver responsibility is placed upon him by
reason of his solemn oath to obey the laws and to do no falsehood or consent to the
doin of any!"
%ndeed when an ofce entrusted with reat responsibility and trust by society is
violated and abused, one fnds truth in the e'pression corruptio optimi pessima =the
corruption of the best is the worst>! .he words of former ?residin Custice of the
#ourt of Appeals ?ompeyo Eias cannot fnd a more relevant application:
.here are men in any society who are so self<servin that they try to make law
serve their selfsh ends! %n this roup of men, the most dangerous is the man of the
law who has no conscience. Be has, in the arsenal of his knowlede, the very tools
by which he can poison and disrupt society and brin it to an inoble end!
A Return to Basic Ideals
With the larin reality of leal practice evidenced by the increasin numbers of
administrative cases fled aainst lawyers in the #ourts, it is no surprise therefore
that leal ethics has been prescribed as a sub2ect under the 0andatory #ontinuin
7eal 5ducation =0#75>! 0oreover, of the +F units prescribed under the 0#75, si'
units pertain to leal ethics! .here is clearly a perceived need to instill leal ethics
in the practice of the leal profession! .he pressin need for leal ethics was
hihlihted by the &upreme #ourt in -ndaya vs. .ca+
$or practical purposes, the lawyers not only represent the law9 they are the law!
With their ubi-uitous presence in the social milieu, lawyers have to be responsible!
.he problems they create in lawyerin become public difculties! .o keep lawyers
responsible underlies the worth of the ethics of lawyerin! %ndeed, leal ethics is
simply the aesthetic term for professional responsibility!
Gndoubtedly, faithful compliance and observance of the canons of the #ode of
?rofessional *esponsibility is the main ob2ect of the 0#75! And to ensure success
thereof, the &upreme #ourt, in its various pronouncements in administrative cases
fled aainst lawyers, has emphasi3ed the lawyer4s basic duties and responsibilities!
%n a more recent rulin, the &upreme #ourt recapitulated the sinifcance and
importance of the oath in this wise: .his oath to which all lawyers have subscribed
in solemn areement to dedicate themselves to the pursuit of 2ustice is not a mere
ceremony or formality for practicin law to be forotten afterwards9 nor is it mere
words, drift and hollow, but a sacred trust that lawyers must uphold and keep
inviolable at all times! 8y swearin the lawyer4s oath, they become uardians of
truth and the rule of law, as well as instruments in the fair and impartial
dispensation of 2ustice!"
%ndeed, if the leal profession is to achieve its basic ideal to render public service
and serve the ends of 2ustice, there is a need to unceasinly and constantly
inculcate professional standards amon lawyers! As the &upreme #ourt in Cordon
vs. 'alicanta /supra0 said: %f the practice of law is to remain an honorable
profession and attain its basic ideal, those enrolled in its ranks should not only
master its tenets and principles, but should also in their lives accord continuin
fdelity to them!"