The Revised Lawyer's Oath (Promulgated by the Supreme Court, April 11, 2023)
On April 11, 2023, the Supreme Court of the Philippines promulgated the Revised Lawyer’s Oath, repealing the oath previously enshrined in Rule 138 of the Rules of Court, as amended. This monumental development aligns with the judiciary’s efforts to elevate the ethical standards of the legal profession and to strengthen the commitment of lawyers to their duties as officers of the court and members of society.
Below is a comprehensive discussion of the Revised Lawyer's Oath, its implications, and its significance:
I. The New Text of the Revised Lawyer’s Oath
The Revised Lawyer’s Oath reads as follows:
“I, ________, having been admitted as a member of the Philippine Bar, hereby swear to dedicate myself to the pursuit of justice, to the maintenance of the rule of law, and to the protection of rights.
I shall conduct myself with integrity, candor, and fairness, and shall uphold the ideals of the legal profession in service of society and in the pursuit of truth and honor.
I shall conscientiously discharge my duties as a lawyer, promote respect for law, and faithfully comply with the laws of the land, the rules of court, and the lawful orders of duly constituted authorities.
I shall not allow my personal beliefs, emotions, or inclinations to undermine my fidelity to the law and my obligations as an officer of the court.
I shall at all times uphold the dignity and integrity of the legal profession and faithfully discharge my duties and responsibilities to my clients, the courts, and society.
So help me God.”
II. Comparison: Revised Oath vs. Old Oath
1. Emphasis on Public Service and Accountability
- Old Oath: Focused on general duties such as the support of the Constitution, the laws, and ethical practice.
- Revised Oath: Significantly amplifies the lawyer’s role as a servant of society, placing strong emphasis on integrity, accountability, and the protection of rights.
2. Elevated Ethical Standards
- The Revised Oath explicitly includes values such as integrity, candor, fairness, and honor, which are aimed at reaffirming the nobility of the legal profession.
- It enshrines the lawyer’s duty to act impartially and conscientiously, free from personal biases or inclinations.
3. Broader Scope of Responsibility
- The Revised Oath emphasizes the lawyer’s role not just to clients and the court but also to society at large.
- The language promotes a broader awareness of lawyers’ duties as custodians of justice and the rule of law.
III. Legal Basis for the Promulgation
The Supreme Court derives its authority to promulgate a Revised Lawyer's Oath from the following provisions:
Section 5(5), Article VIII, 1987 Constitution:
- Grants the Supreme Court the power to promulgate rules concerning the practice of law and the supervision of members of the Bar.
Rule-Making Power under Rule 138, Rules of Court:
- Rule 138 of the Rules of Court originally contained the text of the old Lawyer’s Oath. The promulgation of the Revised Oath effectively amended and repealed this provision.
Integration of the Philippine Bar (Bar Matter No. 850):
- Reinforces the Supreme Court’s mandate to oversee and regulate the conduct of lawyers in the country.
IV. Significance of the Revised Lawyer's Oath
1. Enhancing Public Trust
- The Revised Oath reaffirms the commitment of lawyers to the public good, underscoring their role in ensuring justice and fairness. This fosters greater public trust in the legal profession.
2. Strengthening Ethical Accountability
- The express mention of integrity, candor, and fairness as pillars of the profession serves as a constant reminder for lawyers to uphold the highest ethical standards in their practice.
3. Adaptation to Modern Challenges
- By explicitly addressing a lawyer’s duty to society and the rule of law, the oath aligns the practice of law with contemporary issues, such as human rights, social justice, and good governance.
4. Broader Commitment to Truth and Honor
- The language of the Revised Oath elevates the lawyer’s duty beyond mere technical adherence to rules, emphasizing a moral obligation to pursue truth, justice, and honor.
V. Duties Enshrined in the Revised Lawyer’s Oath
The Revised Lawyer’s Oath embodies and expands upon the following duties:
1. Duty to the Constitution and Laws
- Lawyers are mandated to support and uphold the Constitution, the laws of the land, and lawful orders of authorities.
2. Duty to the Courts
- As officers of the court, lawyers must ensure fairness and integrity in legal proceedings.
3. Duty to Clients
- Lawyers are tasked with protecting the rights of their clients while conducting themselves with honesty, loyalty, and zeal.
4. Duty to Society
- The oath extends the lawyer’s duty to society, emphasizing service to the public, the pursuit of justice, and respect for the rule of law.
5. Duty to the Legal Profession
- Lawyers must uphold the dignity and honor of the legal profession and work toward the betterment of the Bar.
VI. Implications for Practicing Lawyers
1. Accountability Measures
- The emphasis on ethical practice will likely result in stricter enforcement of the Code of Professional Responsibility (CPR) and other rules governing lawyers’ conduct.
2. Bar Admissions and Discipline
- The Revised Oath will now be administered to new lawyers. Additionally, it sets a higher benchmark for assessing the ethical lapses of lawyers facing disciplinary proceedings.
3. Continuing Legal Education (CLE)
- The Revised Oath may influence reforms in CLE programs to reflect the values and duties enshrined in the new oath.
VII. Role of the Supreme Court
The Supreme Court plays a critical role in ensuring compliance with the Revised Lawyer’s Oath by:
Promulgating New Guidelines:
- Rules for admission to the Bar and disciplinary procedures may be updated to reflect the provisions of the Revised Oath.
Disciplinary Oversight:
- Lawyers who violate the principles outlined in the Revised Oath may face stricter sanctions under the Court’s disciplinary powers.
Public Awareness Campaigns:
- The Supreme Court is expected to disseminate the significance of the Revised Oath to the public, enhancing their understanding of the legal profession’s ethical standards.
VIII. Conclusion
The promulgation of the Revised Lawyer’s Oath represents a pivotal step toward reinforcing the ethical foundations of the Philippine legal profession. By elevating the standards of integrity, fairness, and accountability, the Supreme Court has ensured that lawyers remain steadfast in their pursuit of justice and service to society. The Revised Oath serves as a solemn reminder of the noble responsibilities inherent in the practice of law, holding lawyers to a higher standard befitting their role as champions of the rule of law and custodians of public trust.### The Revised Lawyer's Oath (Promulgated by the Supreme Court, April 11, 2023)
On April 11, 2023, the Supreme Court of the Philippines promulgated the Revised Lawyer’s Oath, repealing the oath previously enshrined in Rule 138 of the Rules of Court, as amended. This monumental development aligns with the judiciary’s efforts to elevate the ethical standards of the legal profession and to strengthen the commitment of lawyers to their duties as officers of the court and members of society.
Below is a comprehensive discussion of the Revised Lawyer's Oath, its implications, and its significance:
I. The New Text of the Revised Lawyer’s Oath
The Revised Lawyer’s Oath reads as follows:
“I, ________, having been admitted as a member of the Philippine Bar, hereby swear to dedicate myself to the pursuit of justice, to the maintenance of the rule of law, and to the protection of rights.
I shall conduct myself with integrity, candor, and fairness, and shall uphold the ideals of the legal profession in service of society and in the pursuit of truth and honor.
I shall conscientiously discharge my duties as a lawyer, promote respect for law, and faithfully comply with the laws of the land, the rules of court, and the lawful orders of duly constituted authorities.
I shall not allow my personal beliefs, emotions, or inclinations to undermine my fidelity to the law and my obligations as an officer of the court.
I shall at all times uphold the dignity and integrity of the legal profession and faithfully discharge my duties and responsibilities to my clients, the courts, and society.
So help me God.”
II. Comparison: Revised Oath vs. Old Oath
1. Emphasis on Public Service and Accountability
- Old Oath: Focused on general duties such as the support of the Constitution, the laws, and ethical practice.
- Revised Oath: Significantly amplifies the lawyer’s role as a servant of society, placing strong emphasis on integrity, accountability, and the protection of rights.
2. Elevated Ethical Standards
- The Revised Oath explicitly includes values such as integrity, candor, fairness, and honor, which are aimed at reaffirming the nobility of the legal profession.
- It enshrines the lawyer’s duty to act impartially and conscientiously, free from personal biases or inclinations.
3. Broader Scope of Responsibility
- The Revised Oath emphasizes the lawyer’s role not just to clients and the court but also to society at large.
- The language promotes a broader awareness of lawyers’ duties as custodians of justice and the rule of law.
III. Legal Basis for the Promulgation
The Supreme Court derives its authority to promulgate a Revised Lawyer's Oath from the following provisions:
Section 5(5), Article VIII, 1987 Constitution:
- Grants the Supreme Court the power to promulgate rules concerning the practice of law and the supervision of members of the Bar.
Rule-Making Power under Rule 138, Rules of Court:
- Rule 138 of the Rules of Court originally contained the text of the old Lawyer’s Oath. The promulgation of the Revised Oath effectively amended and repealed this provision.
Integration of the Philippine Bar (Bar Matter No. 850):
- Reinforces the Supreme Court’s mandate to oversee and regulate the conduct of lawyers in the country.
IV. Significance of the Revised Lawyer's Oath
1. Enhancing Public Trust
- The Revised Oath reaffirms the commitment of lawyers to the public good, underscoring their role in ensuring justice and fairness. This fosters greater public trust in the legal profession.
2. Strengthening Ethical Accountability
- The express mention of integrity, candor, and fairness as pillars of the profession serves as a constant reminder for lawyers to uphold the highest ethical standards in their practice.
3. Adaptation to Modern Challenges
- By explicitly addressing a lawyer’s duty to society and the rule of law, the oath aligns the practice of law with contemporary issues, such as human rights, social justice, and good governance.
4. Broader Commitment to Truth and Honor
- The language of the Revised Oath elevates the lawyer’s duty beyond mere technical adherence to rules, emphasizing a moral obligation to pursue truth, justice, and honor.
V. Duties Enshrined in the Revised Lawyer’s Oath
The Revised Lawyer’s Oath embodies and expands upon the following duties:
1. Duty to the Constitution and Laws
- Lawyers are mandated to support and uphold the Constitution, the laws of the land, and lawful orders of authorities.
2. Duty to the Courts
- As officers of the court, lawyers must ensure fairness and integrity in legal proceedings.
3. Duty to Clients
- Lawyers are tasked with protecting the rights of their clients while conducting themselves with honesty, loyalty, and zeal.
4. Duty to Society
- The oath extends the lawyer’s duty to society, emphasizing service to the public, the pursuit of justice, and respect for the rule of law.
5. Duty to the Legal Profession
- Lawyers must uphold the dignity and honor of the legal profession and work toward the betterment of the Bar.
VI. Implications for Practicing Lawyers
1. Accountability Measures
- The emphasis on ethical practice will likely result in stricter enforcement of the Code of Professional Responsibility (CPR) and other rules governing lawyers’ conduct.
2. Bar Admissions and Discipline
- The Revised Oath will now be administered to new lawyers. Additionally, it sets a higher benchmark for assessing the ethical lapses of lawyers facing disciplinary proceedings.
3. Continuing Legal Education (CLE)
- The Revised Oath may influence reforms in CLE programs to reflect the values and duties enshrined in the new oath.
VII. Role of the Supreme Court
The Supreme Court plays a critical role in ensuring compliance with the Revised Lawyer’s Oath by:
Promulgating New Guidelines:
- Rules for admission to the Bar and disciplinary procedures may be updated to reflect the provisions of the Revised Oath.
Disciplinary Oversight:
- Lawyers who violate the principles outlined in the Revised Oath may face stricter sanctions under the Court’s disciplinary powers.
Public Awareness Campaigns:
- The Supreme Court is expected to disseminate the significance of the Revised Oath to the public, enhancing their understanding of the legal profession’s ethical standards.
VIII. Conclusion
The promulgation of the Revised Lawyer’s Oath represents a pivotal step toward reinforcing the ethical foundations of the Philippine legal profession. By elevating the standards of integrity, fairness, and accountability, the Supreme Court has ensured that lawyers remain steadfast in their pursuit of justice and service to society. The Revised Oath serves as a solemn reminder of the noble responsibilities inherent in the practice of law, holding lawyers to a higher standard befitting their role as champions of the rule of law and custodians of public trust.