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LEGAL ETHICS

A REACTION PAPER IN THE ANNOTATION:

“LAWYERS MUST UPHOLD THEIR OATH AND THE LEGAL PROFESSION”

(Written by Florimond C. Rous)

Florimond Rous did mention in his annotation that in the Philippines, the stability of courts and

all departments of government rest upon the approval of the people, thus it is essential that the system of

dispensing justice shall be developed to a high point of efficiency in order to maintain the confidence of

the public towards the administration of justice.

It was also cited in the annotation that lawyers, nowadays, become forgetful of the fact that one of

the grounds for suspension or disbarment of a lawyer is the violation of his oath of office.

I have nothing but to agree with the statements of Mr. Rous. As a freshman law student, I was

surprisingly able to encounter several cases wherein lawyers were faced with allegations of deliberately

disregarding the lawyer’s oath, and right after giving due course by the Court, some of these lawyers were

in fact suspended or disbarred from the practice of law.

I do not know what did occur to the minds of these lawyers to just effortlessly waste all their

hardwork and to completely neglect all the sleepless nights when they were just law students and still

trying to reach their dreams of becoming successful lawyers.

It’s probably the main reason why “good moral character” is one of the requirements in order for

a person to be admitted to the bar, and for a lawyer to be considered in a good standing in the legal

profession. It is primarily because, if a person lacking with good moral character would still be admitted

to the bar, nonetheless, he will most likely not last in the profession, and he may also be one of the
reasons why the public will lose their confidence in the integrity and impartiality of the administration of

justice.

However, I did observe, specifically in the case of Pangan vs. Ramos, 93 SCRA 87, which was

cited in the annotation, that the Supreme Court in providing proper punishments to the lawyers is actually

a case to case basis. Just like in the abovementioned case, wherein the respondent lawyer was only

reprimanded even though he knowingly violated his oath of office. In that case, the Supreme Court

considered the fact that the violation of the respondent lawyer was not so grave and it was actually the

first violation of the latter. Hence, it was not for the Court not to give a little amount of sympathy towards

the respondent lawyer, however, it was reiterated that a repetition of the same overt act or distinct

violation may warrant the suspension or disbarment of the latter.

It may be hard for others, but the best way to uphold the lawyer’s oath and the integrity and

dignity of the legal profession is not to engage in any conduct or do any act that adversely reflects on his

fitness to practice law, nor to behave, in his public or private life, in a scandalous manner to the discredit

of the legal profession. He should instead endeavor to conduct himself at all times in such a way as to

give credit to the legal profession and to inspire the confidence, respect and trust of his clients and the

community.

As officers of the court, lawyers must not only in fact be of good moral character but must also be

seen to be of good moral character and leading lives in accordance with the highest moral standards of the

community.

In conclusion, it is not enough that the lawyers are aware of their oath of office and the Code of

Professional Responsibility. They should inculcate these two sources of their duties and responsibilities as

a lawyer in their hearts and souls, otherwise, they will frustrate the ends of justice and at the same time

lessen popular faith in the legal profession.

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