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By J. Jose L. Sabio, Jr.

The Oath: The Lawyer's Ideal

What is an oath? Webster defines it as: A solemn appeal to God, or in a wider sense, to any sacred orrevered person or sanction for the truth of an affirmation or declaration or in witness of the inviolability of a

promise or undertaking.As early asAlvarez vs.!", the #upreme ourt e$plained its meaning in thiswise:

"n its broadest sense, an oath includes any form of attestation by which a party signifies that he is boundin conscience to perform an act faithfully and truthfully. "t is an outward pledge given by the person takingit, 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*uirede$amination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribedbefore the #upreme ourt an oath of office. +he new lawyer swears before a duly constituted authority asan attestation that heshe takes on the duties and responsibilities proper of a lawyer. -ore particularly,form ) of the /udicial standard forms prescribes the following oath to be taken by the applicant:

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of thePhilippines; I will support its Constitution and obey laws as well as the legal orders of the duly constitutedauthorities therein; I will do no falsehood nor consent to the doing of any court; I will not wittingly norwillingly promote or sue any groundless false or unlawful suit or give aid nor consent to the same; I willdelay 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 fidelity as well to the courts as to my clients; and I impose uponmyself this voluntary obligations without any mental reservation or purpose of evasion. "o help me #od.

+he taking of this oath is a condition to the admission to practice law and may only be taken before the#upreme ourt by a person authori0ed by the high court to engage in the practice of law. And what is the

nature of a lawyer1s oath? "n the case of #ebastian vs. alis the #upreme ourt held that: A lawyer1soath are not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept

inviolable.+he substance and gravity behind these words may be understood in the light of thesubstance and gravity behind the oath being taken. "n a sense, the oath embodies the ideals by which alawyer lives by in the practice of the legal profession. +his is why the lawyer1s oath has been likened to acondensed version of the canons of professional responsibility. +his seems to have been confirmed in

2ndaya vs. 3ca, where it was held that: the lawyer1s oath embodies the fundamental principles thatguide every member of the legal fraternity. !rom it springs the lawyer1s duties and responsibilities that any

infringement 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 signifies that he isbound in conscience to perform an act faithfully and truthfully. What then does a lawyer promise toperform faithfully and truthfully when he takes on the oath upon being admitted to the practice of law? "t isthe very practice of his duties and responsibilities as a lawyer. +he gravity of the oath is grounded on twoimportant things: on the gravity of a lawyer1s duties and on the fact that he makes a solemn promise

before God to undertake these duties faithfully. When a great amount of trust is placed on such an office,then a corresponding sense of integrity and responsibility is e$pected of those who have taken on thatoffice. +he legal profession is one such office laden with a great amount of trust. "n the hands of thelawyer is entrusted not only the power to steer the course of some client1s personal or business future butmore importantly, the very nature of the legal profession presupposes a certain moral burden thatdemands personal integrity. As stated by the #upreme ourt:

4awyers are e$pected to abide by the tenets of morality, not only upon admission to the Bar but alsothroughout their legal career, in order to maintain one1s good standing in that e$clusive and honoredfraternity. Good moral character is more than /ust the absence of bad character. #uch charactere$presses itself in the will to do the unpleasant thing if it is right and the resolve not to do the pleasantthing if it is wrong. +his must be so because vast interests are committed to his care5 he is the recipient ofunbounded trust and confidence5 he deals with his client1 s property, reputation, his life, his all.

A lawyer is said to be the servant of the law and belongs to a profession to which society has entrustedthe administration of law and the dispensing of /ustice. !or this reason, a lawyer1s oath impresses uponhim the responsibilities of an officer of the court upon whose shoulders rest the grave responsibility ofassisting courts in the proper, fair, speedy and efficient administration of /ustice.

"n fact, it may be understood that the words contained in the oath of office summari0e the main duties andresponsibilities a lawyer is supposed to take on in the practice of law. "n other words, every time an oathof office is taken, the person making the statement in effect states that in taking on the oath heshe

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promises to conscientiously fulfill the duties entrusted to his office. #ection 6 of 'ule %() enumerateswhat these duties are. "t is the duty of an attorney 7

8a9 +o maintain allegiance to the 'epublic of the hilippines and to support the onstitution and obey thelaws of the hilippines5

8b9 +o observe and maintain the respect due to the courts of /ustice and /udicial officers5

8c9 +o counsel or maintain such actions or proceedings only as appearing to him to be /ust, and suchdefenses only as he believes to be honestly debatable under the law5

8d9 +o employ, for the purpose of maintaining the causes confided to him, such means only as areconsistent with truth and honor, and never seek to mislead the /udge or any /udicial officer by an artifice orfalse statement of fact or law5

8e9 +o maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client,and to accept no compensation in connection with his clients1 business e$cept from him or with hisknowledge and approval5

8f9 +o abstain from all offensive personality and to advance no fact pre/udicial to the honor or reputation ofa party or witness, unless re*uired by the /ustice of the cause with which he is charged5

8g9 ;ot to encourage either the commencement or the continuance of an action or proceeding, or delayany man1s cause, from any corrupt motive or interest5

8h9 ;ever to re/ect, for any consideration personal to himself, the cause of the defenseless or oppressed5

8i9 "n the defense of a person accused of crime, by all fair and honorable means, regardless of hispersonal opinion as to the guilt of the accused, to present every defense that the law permits, to the endthat no person may be deprived of life or liberty, but by due process of law.

"n order to fulfill these duties, every lawyer is e$pected to live by a certain mode of behavior now distilledin what is known as the ode of rofessional 'esponsibility. +he ode mandates upon each lawyer, ashis duty to society, the obligation to obey the laws of the land and promote respect for law and legalprocesses. #pecifically, he is forbidden to engage in unlawful, dishonest, immoral or deceitful conduct. "nessence, all that is contained in this ode is succinctly summari0ed in the oath of office taken by everylawyer. "t is of little surprise to find that in $agdaluyo vs. %acethe #upreme ourt declares that thelawyer1s oath is a source of obligations and violation thereof is a ground for suspension, disbarment orother disciplinary action. "n the case of &usinos vs. Ricafort, the #upreme ourt also held that:

By swearing the lawyer1s oath, an attorney becomes a guardian of truth and the rule of law, and an

indispensable instrument in the fair and impartial administration of /ustice 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 anobligation imposed upon every citi0en, a lawyer assumes responsibilities over and beyond the basic

re*uirements of good citi0enship. As servant of the law, a lawyer ought to make himself an e$ample forothers to emulate.

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An instigator of controversy, instead of a mediator for concord and a conciliator for compromise5

A virtuoso of technicality in the conduct of litigation, instead of a true e$ponent of the primacy of truth andmoral /ustice5

A mercenary purveying the benefits of his enlightened advocacy in direct proportion to a litigant1s financial

posture, instead of a faithful friend of the courts in the dispensation of e*ual /ustice to rich and poor alike.

+hough these words were e$pressed some time ago, yet is is sad to note that hief =ustice 'ui01s wordsstill ring loud and true today. +he goal of remaining true to the ideals of the legal profession is hamperedby the seemingly irresistible influence and pressures of modern day commercialism in almost every facetof human activity and endeavor. "n various cases, the #upreme ourt has denied applicant1s petition totake the lawyer1s oath for grave misconduct or for any serious violation of the canons of professionalresponsibility which puts in *uestion the applicant1s moral character. -oreover, a reading of the latestrulings of the highest tribunal would reveal the lawyer1s utter disregard, if not disdain, for the lawyer1soath.

"n (itriola vs. )asig, a case for disbarment against an official of the commission on higher educationcharged with gross misconduct in violation of the attorney1s oath for having used her public office to

secure financial spoils, the #upreme ourt, in ordering respondent1s disbarment, held:

+he attorney1s oath is the source of the obligations and duties of every lawyer and any violation thereof isa ground for disbarment, suspension, or other disciplinary action. +he attorney1s oath imposes upon everymember of the bar the duty to delay no man for money or malice.

#aid duty is further stressed in 'ule %.6( of the code of professional responsibility. 'espondent1sdemands for sums of money to facilitate the processing of pending applications or re*uests before heroffice violates such duty, and runs afoul of the oath she took when admitted to the bar.

+he affirmation by a lawyer to uphold the law was the sub/ect in )e #uzman vs. )e )ios. "n this casewhere respondent was charged for representing conflicting interest, found guilty and suspended for si$months, with a warning, the highest tribunal held:

+o say that lawyers must at all times uphold and respect the law is to state the obvious, but suchstatement can never be over7emphasi0ed. onsidering that, 1of all classes and professions, 8lawyers are9most sacredly bound to uphold and respect the law1, it is imperative that they live by the law.

Accordingly, lawyers who violate their oath and engage in deceitful conduct have no place in the legalprofession. As a lawyer, respondent is bound by her oath to do no falsehood or consent to its commissionand to conduct herself as a lawyer to the best of her knowledge and discretion. +he lawyer1s oath is asource of obligation and violation thereof is a ground for suspension, disbarment, or other disciplinaryaction. +he acts of respondent Atty. >e >ios are clearly in violation of her solemn oath as a lawyer thatthis court will not tolerate.

"n "evillano &atac 'r. et al. vs. Atty. P. Cruz 'r. , the #upreme ourt in ordering the suspension ofrespondent, *uoted #ec. & of 'ule %() of the 'evised 'ules of ourt, thus:

#ection &. )isbarment or suspension of attorneys by supreme court; grounds therefor* A member of thebar may be disbarred orsuspended from his office as attorney by the #upreme ourt for any deceit,malpractice, or, other gross misconduct in such office, grossly immoral conduct, or by reason of hisconviction of a crime involving moral turpitude, or for any violation of the oath which he is re*uired to takebefore admission to practice, or for a willful disobedience of any lawful order of a superior court, or forcorruptly or willfully appearing as an attorney for a party to a case without authority so to do.

+he practice of soliciting cases at law for the purpose of gain, either personally or through paid agents orbrokers, constitutes malpractice. A lawyer, under his oath, pledges himself not to delay any man formoney or malice and is bound to conduct himself with all good fidelity to his client. #uch was the

pronouncement of the #upreme ourt in ordering the disbarment of lawyer who converted the money ofhis client to his own personal use without her consent. +he lawyer1s oath e$horts law practitioners not towittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to thesame. "n +oung vs. &atuegas, where respondent was suspended for si$ months for knowingly alleging anuntrue statement of fact in his pleading, the #upreme ourt said, thus:

A lawyer must be a disciple of truth.

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mind that as an officer of the court his high vocation is to correctly inform the court upon the law and thefacts of the case and to aid it in doing /ustice and arriving at a correct conclusion.

+he courts, on the other hand, are entitled to e$pect only complete honesty from lawyers appearing andpleading before them. While a lawyer has the solemn duty to defend his client1s rights and is e$pected todisplay the utmost 0eal in defense of his client1s cause, his conduct must never be at the e$pense of truth.

+hat a lawyer1s oath are not mere facile words, drift and hollow, was applied by the #upreme ourtin (da. )e Rosales vs. Ramos, where a notary public commission was revoked and respondent

dis*ualified from being a notary public, in this manner: where the notary public is a lawyer, a graverresponsibility is placed upon him by reason of his solemn oath to obey the laws and to do no falsehood or

consent to the doing of any.

"ndeed when an office entrusted with great responsibility and trust by society is violated and abused, onefinds truth in the e$pression corruptio optimi pessima8the corruption of the best is the worst9. +he wordsof former residing =ustice of the ourt of Appeals ompeyo >ias cannot find a more relevant application:

+here are men in any society who are so self7serving that they try to make law serve their selfish ends. "nthis group of men, the most dangerous is the man of the law who has no conscience.