VII. Lawyers Oath (MEMORIZE!!!

) * I _____ , do solemnly swear that I will maintain allegiance to the RP: I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood nor consent to its commission; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to the same; I will not delay any mans cause for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the court as to my clients; and I will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion. So help me God. The lawyers oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he makes when taking the lawyers oath. If all lawyers conducted themselves strictly according to the lawyers oath and the Code of Professional responsibility, the administration of justice will undoubtedly fairer, faster and easier for everyone concerned. * By taking the lawyers oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice. Good moral character includes at least common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable, they reveal a basic moral flaw. (Olbes vs. Deciembre, 457SCRA 341)

(c) To counsel or maintain such actions or proceedings only as appearing to him to be just, and such defenses only as he believes to be honestly debatable under the law; (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) To 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 clients' business except from him or with his knowledge and approval; (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt 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.

Q: What is the importance of the lawyers oath? A: By taking the lawyers oath, a lawyer becomes the guardian of truth and the rule of law and an indispensable instrument in the fair and impartial administration of justice. Good moral character includes, at least, common honesty. Deception and other fraudulent acts are not merely unacceptable practices that are disgraceful and dishonorable; they reveal a basic moral flaw. (Olbes v. Deciembre, A.C. No. 5365, Apr. 27, 2005) Note: The lawyers oath is not a mere ceremony or formality for practicing law to be forgotten afterwards nor is it mere words, drift and hollow, but a sacred trust that every lawyer must uphold and keep inviolable at all times. Q: State the significance of the lawyer's oath. What, in effect, does a lawyer represent to a client when he accepts a professional employment for his services?

Duties of Attorneys
It is the duty of an attorney:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; (b) To observe and maintain the respect due to the courts of justice and judicial officers;

A: "The significance of the oath is that it not only impresses upon the attorney his responsibilities but it also stamps him as an officer of the court with rights, powers and duties as important as those of the judges themselves. It is a source of his obligations and its violation is a ground for his suspension, disbarment or other disciplinary action." (Agpalo, Legal Ethics, 1992 ed., p. 59). CANONS OF PROFESSIONAL. RESPONSIBILITY (Overview). CANON 11, CPR - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. (1996 Bar Question) Note: Being an officer of the court, a lawyer occupies a quasi-judicial office and has responsibilities to the courts, to the public and to his clients. The greater burden imposed on the lawyer is his superior duty to the courts. Where duties to the courts conflict with his duties to his clients, his duties to court must yield to the former. (CPR Annotated,PhilJA) Q: Can a lawyer criticize the courts? A: GR: Canon 11 A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. XPN: The fact that a person is a lawyer does not deprive him of the right, as enjoyed by every citizen, to comment on and criticize the actuations of a judge. Note: What a lawyer can ordinarily say against a concluded litigation and the manner the judge handed down the decision therein may not generally be said to a pending action. The court, in a pending litigation, must be shielded from embarrassment and influence in performing the important duty of deciding it. On the other hand, once litigation is concluded, the judge who decided on it is subject to the same criticism as any other public official because then his ruling becomes public property and is thrown open to public consumption. Rule 11.01, Canon 11, CPR A lawyer shall appear in court properly attired. Note: As an officer of the court and in order to maintain the dignity and respectability of the legal profession, a lawyer who appears in court must be properly attired. Consequently, the court can hold a lawyer in contempt of court if he does not appear in proper attire. Any deviation from the commonly

accepted norm of dressing in court (barong or tie, not both) is enough to warrant a citing for contempt. Note: The traditional attires for male lawyers in the Philippines are the long-sleeve Barong Tagalog or coat and tie. Female lawyers appear in semi-formal attires. Judges also appear in the same attire in addition to black robes. Rule 11.02, Canon 11, CPR A lawyer shall punctually appear at court hearings. Note: Punctuality is demanded by the respect which a lawyer owes to the court, the opposing counsel and to all the parties to the case. (Funa, 2009) Rule 11.03, Canon 11, CPR A lawyer shall abstain from scandalous, offensive, or menacing language or behavior before the courts. Note: The language of a lawyer, both oral and written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession. The use of abusive language by counsel against the opposing counsel constitutes at the same time disrespect to the dignity of the court justice. Moreover, the use of impassioned language in pleadings, more often than not, creates more heat than light. (Buenaseda v. Flavier, G.R. No. 106719, Sept. 21, 1993) The duty to observe and maintain respect is not a one-way duty from a lawyer to a judge. A judge should also be courteous to counsel, especially those who are young and inexperienced and to all those appearing or concerned in the administration of justice. Rule 11.04, Canon 11, CPR A lawyer shall not attribute to a judge motives not supported by the record or have no materiality to the case. Note: As citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. Rule 11.05, Canon 11, CPR - A lawyer shall submit grievances against a Judge to the proper authorities only. Note: An administrative complaint is not an appropriate remedy where judicial recourse is still available, such as a motion for reconsideration, an appeal, or a petition for certiorari, unless the

assailed order or decision is tainted with fraud, malice, or dishonesty. (Santiago III v. Justice Enriquez, Jr. A.M. No. CA-09-47-J, February 13, 2009) Q: What are the rights and duties of a lawyer to criticize Courts? 1. The fact that a person is a lawyer does not deprive him of the rights, enjoyed by every citizen, to comment on and criticize the actuations of a judge subject to ethical standard. 2. The court, in a pending litigation; must be shielded from embarrassment or influence in its all-important duty of deciding the case. Once litigation is concluded, the judge who decided it is subject to the same criticisms as any other public official because his ruling becomes public property and is thrown open to public consumption. 3. It is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety (Zaldivar v. Gonzales, G.R. Nos. 79690-707, April 7, 1993). 4. The duty of the bar to support the judge against unjust criticism and clamor does not, however, preclude a lawyer from filing administrative complaints against erring judges or from acting as counsel for clients who have legitimate grievances against them. But the lawyer should file charges against the judge before the proper authorities only and only after the proper circumspection and without the use of disrespectful language and offensive personalities so as not to unduly burden the court in the discharge of its function. Note: Cardinal condition of criticism is that it shall be bona fide and shall not spillover the walls of decency and propriety. CANON 12, CPR - A LAWYER SHALL EXERT EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE (1991,1994,1996,2003 Bar Questions) Note: The filing of another action concerning the same subject matter, in violation of the doctrine of res judicata, runs contrary to this Canon. (Lim v. Montano, A.C. No. 5653, February 27, 2006). Note: A lawyer must exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. Rule 12.01, Canon 12, CPR A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its

preference. He should also be ready with the original documents for comparison with the copies. Note: A newly hired counsel who appears in a case in the midstream is presumed and obliged to acquaint himself with all the antecedent processes and proceedings that have transpired in the record prior to his takeover. (Villasis v. CA, G.R. Nos. L-36874-76, Sept. 30, 1974) Rule 12.02, Canon 12, CPR A lawyer shall not file multiple actions arising from the same cause. (1991, 1997, 1998, 2002 Bar Questions) Q: What is forum-shopping? A: It is the improper practice of filing several actions or petitions in the same or different tribunals arising from the same cause and seeking substantially identical reliefs in the hope of winning in one of them. The omission to disclose pendency of appeal or prior dismissal of his case by a court of concurrent jurisdiction with intent of seeking a favorable opinion. The prohibition includes the filing of petitions for writs of certiorari, mandamus and prohibition when there are similar petitions already filed or pending. (CPR Annotated, PhilJA) Note: The mere filing of several cases based on the same incident does not necessarily constitute forum shopping. The question is whether the several actions filed involve the same transactions, essential facts and circumstances. If they involve essentially different facts, circumstances and causes of action, there is no forum shopping. (Paredes v. Sandiganbayan, G.R. No. 108251, Jan. 31, 1996) The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. (Foronda v. Atty. Guerrero, A.C. No. 5469, Aug. 10, 2004) Q: How is forum shopping committed? 1. Going from one court to another in the hope of securing a favorable relief in one court, which another court has denied. 2. Filing repetitious suits and proceedings in different courts concerning the same subject matter after one court has decided the suit with finality; or

3. Filing a similar case in a judicial court after receiving an unfavorable judgment from an administrative tribunal. Q: Who signs the forum shopping certification? GR: The party himself as he has personal knowledge of the facts therein stated. XPN: Counsel, when clothed with a special power of attorney to do so. (The lawyer shall certify that he has personal knowledge of the facts therein stated and shall give justifiable reason or explanation why the party himself cannot sign the same). Note: In case of a juridical person, its lawyer authorized through a board resolution must sign the certification. Should there be more than one plaintiff or petitioner, all of them must execute the certification and verification. Unless, it is a suit involving conjugal property, in such a case, the husband alone may execute the same. Q: What are the possible consequences of forum shopping? 1. Summary dismissal of the multiple petition or complaint 2. Penalty for direct contempt of court on the party and his lawyer 3. Criminal action for a false certification of non forum shopping and indirect contempt 4. Disciplinary proceedings for the lawyer concerned. (Sec. 5, Rule 7, 1997 Rules of Civil Procedure) (1998 Bar Question) Rule 12.03, Canon 12, CPR A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. (2003 Bar Question) Note: The court censures the practice of counsels who secures repeated extensions of time to file their pleadings and thereafter simply let the period lapse without submitting the pleading or even an explanation or manifestation of their failure to do so. (Achacoso v. CA, G.R. No. L-35867, June 28, 1973). Asking for extension of time must be in good faith. Otherwise, it is an obstruction of justice and the lawyer is subject to discipline. (CPR Annotated, PhilJA)

The same rule applies more forcefully to motion for continuance. Postponement is not a matter of right but of sound judicial discretion. (Edrial v. QuilatQuilat, G.R. No. 133625, Sept. 6, 2000) Rule 12.04, Canon 12, CPR A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.

Note: It is understandable for a party to make full use of every conceivable legal defense the law allows it. However, of such attempts to evade liability to which a party should respond, it must ever be kept in mind that procedural rules are intended as an aid to justice, not as means for its frustration. Once a judgment becomes final and executory, the prevailing party should not be denied the fruits of his victory by some subterfuge devised by the losing party. Unjustified delay in the enforcement in the enforcement of a judgment sets at naught the role of the courts in disposing justiciable controversies with finality. (Aguilar v. Manila Banking Corporation, GR No. 157911, September 19, 2006) Lawyers should not resort to nor abet the resort of their clients, to a series of actions and petitions for the purpose of thwarting the execution of a judgment that has long become final and executory. (Cobb-Perez v. Lantin, No. L-22320, May 22, 1968)

Rule 12.05, Canon 12, CPR A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Q: What is the reason for the rule? A: To prevent the suspicion that he is coaching the witness what to say during the resumption of the examination. Rationale: To uphold and maintain fair play with the other party and to prevent the examining lawyer from being tempted to coach his own witness to suit his purpose. Rule 12.06, Canon 12, CPR A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Q: What are the sanctions on a lawyer who shall knowingly assist a witness to misrepresent himself or to impersonate another?

A: Art. 184, Revised Penal Code provides: The lawyer who presented a witness knowing him to be a false witness is criminally liable for Offering False Testimony in Evidence. Note: The lawyer who is guilty of the above is both criminally and administratively liable. Rule 12.07, Canon 12, CPR A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.08, Canon 12, CPR A lawyer shall avoid testifying in behalf of his client, except: a. On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or b. On substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. Q: What is the reason for the rule? A: The function of a witness is to tell the facts as he recalls them in answer to questions. The function of an advocate is that of a partisan. It is difficult to distinguish between the zeal of an advocate and the fairness and impartiality of a disinterested witness.

It is improper for a litigant or counsel to see a judge in chambers and talk to him about a matter related to the case pending in the court of said judge. (Austria v. Masaquel, G.R. No. 22536, August 31,1967) Rule 13.02, Canon 13, CPR A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Q: When can there be prejudicial publicity? A: There must be an allegation and proof that the judges have been unduly influenced, not simply that they might be, by barrage of publicity. (CPR Annotated, PhilJA) Note: The restriction does not prohibit issuances of statements by public officials charged with the duty of prosecuting or defending actions in court. Note: Public statements to arouse public opinion for or against a party are generally condemned. Q: What is the test to determine whether public statements are contemptuous? A: The character of the act done and its direct tendency to prevent and obstruct the discharge of official duty.

CANON 13, CPR - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. (1994, 1997,2000,2001,2003 Bar Questions) Note: A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. Rule 13.01, Canon 13, CPR A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with judges. Rationale: To protect the good name and reputation of the judge and the lawyer. Lawyers should not seek for opportunity to cultivate familiarity with judges. A lawyer who resorts to such practices of seeking familiarity with judges dishonors his profession and a judge who consents to them is unworthy of his high office.