VII. Lawyers Oath (MEMORIZE!!!

Professional
responsibility,
the
administration
of
justice
will
undoubtedly fairer, faster and
easier for everyone concerned.

* I _____ , do solemnly swear that I will

maintain allegiance to the RP:

* 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)

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;

Duties of Attorneys
It is the duty of an attorney:

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

(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;
(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?
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 longsleeve 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. L36874-76, 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. Quilat-Quilat, 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.

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.
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.