LEGAL ETHICS: SUMMARY OF CASE DOCTRINES

II.

I. CODE OF JUDICIAL CONDUCT

Marquez vs. Clores-Ramos, AM No. P-96-1182, July 19, 2000 It cannot be overemphasized that every employee of the judiciary should be an example of integrity, uprightness and honesty. Like any public servant, he must exhibit the highest sense of honesty and integrity not only in the performance of his official duties but in his personal and private dealings with other people, to preserve the Courts good name and standing.[8] This is because the image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowest of its personnel. Thus, it becomes the imperative sacred duty of each and every one in the court to maintain its good name and standing as a true temple of justice. The Code of Judicial Ethics mandates that the conduct of court personnel must be free from any whiff of impropriety, not only with respect to his duties in the judicial branch but also to his behavior outside the court as a private individual. There is no dichotomy of morality; a court employee is also judged by his private morals. These exacting standards of morality and decency have been strictly adhered to and laid down by the Court to those in the service of the judiciary. Respondent, as a court stenographer, did not live up to her commitment to lead a moral life. Her act of maintaining relation with Atty. Burgos speaks for itself. Office of the Court Administrator vs. Liangco, A.C. 5355, December Gross Misconduct In Sps. Donato v. Atty. Asuncion, Jr.[27] citing Yap v. Judge Aquilino A. Inopiquez, Jr., this Court explained the concept of gross misconduct as any inexcusable, shameful or flagrant unlawful conduct on the part of a person concerned with the administration of justice; i.e., conduct prejudicial to the rights of the parties or to the right determination of the cause. The motive behind this conduct is generally a premeditated, obstinate or intentional purpose. As a member of the bar and former judge, respondent is expected to be well-versed in the Rules of Procedure. This expectation is imposed upon members of the legal profession, because membership in the bar is in the category of a mandate for public service of the highest order. Lawyers are oath-bound servants of society whose conduct is clearly circumscribed by inflexible norms of law and ethics, and whose primary duty is the advancement of the quest for truth and justice, for which they have sworn to be fearless crusaders.[34] As judge of a first-level court, respondent is expected to know that he has no jurisdiction to entertain a petition for declaratory relief. Moreover, he is presumed to know that in his capacity as judge, he cannot render a legal opinion in the absence of a justiciable question. Displaying an utter lack of familiarity with the rules, he in effect erodes the publics confidence in the competence of our courts. Moreover, he demonstrates his ignorance of the power and

responsibility that attach to the processes and issuances of a judge, and that he as a member of the bar should know. Canon 1 of the Code of Professional Responsibility mandates that a lawyer must uphold the Constitution and promote respect for the legal processes. INEXCUSABLE IGNORANCE OF THE LAW in violation of Canons 1 and 10, Rule 10.03 of the Code of Professional Responsibility CANON 1 A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and legal processes. RULE 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. CANON 10 - A lawyer owes candor, fairness and good faith to the court. Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

II. LAWYERS OATH Sebastian vs. Calis, A.C. No. 5118. September 9, 1999 In the light of the foregoing, we find that the respondent is guilty of gross misconduct for violating Canon 1 Rule 1.01 of the Code of Professional Responsibility which provides that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Deception and other fraudulent acts by a lawyer are disgraceful and dishonorable. They reveal moral flaws in a lawyer. They are unacceptable practices. A lawyers relationship with others should be characterized by the highest degree of good faith, fairness and candor. This is the essence of the lawyers oath. The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and keep inviolable.[6] The nature of the office of an attorney requires that he should be a person of good moral character.[7] This requisite is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law.[8] We have sternly warned that any gross misconduct of a

lawyer, whether in his professional or private capacity, puts his moral character in serious doubt as a member of the Bar, and renders him unfit to continue in the practice of law.[9] The practice of law is not a right but a privilege bestowed by the State on those who show that they possess, and continue to possess, the qualifications required by law for the conferment of such privilege.[10] We must stress that membership in the bar is a privilege burdened with conditions. A lawyer has the privilege to practice law only during good behavior. He can be deprived of his license for misconduct ascertained and declared by judgment of the court after giving him the opportunity to be heard.[11] Here, it is worth noting that the adamant refusal of respondent to comply with the orders of the IBP and his total disregard of the summons issued by the IBP are contemptuous acts reflective of unprofessional conduct. Thus, we find no hesitation in removing respondent Dorotheo Calis from the Roll of Attorneys for his unethical, unscrupulous and unconscionable conduct toward complainant. In Re: Petition Of Al Argosino To Take The Lawyers Oath, B.M. No. 712, March 19, 1997 We stress to Mr. Argosino that the lawyer's 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 lawyer's oath. If all lawyers conducted themselves strictly according to the lawyer's oath and the Code of Professional Responsibility, the administration of justice will undoubtedly be faster, fairer and easier for everyone concerned. De Guzman vs. De Dios, A.C. No. 4943. January 26, 2001 As a lawyer, respondent is bound by her oath to do no falsehood or consent to its commission and to conduct herself as a lawyer according to the best of her knowledge and discretion. The lawyers oath is a source of obligations and violation thereof is a ground for suspension, disbarment, or other disciplinary action. Berenguer vs. Carranza, A.C. No. 716 January 30, 1969 A lawyer's oath is one impressed with the utmost seriousness; it must not be taken lightly. Every lawyer must do his best to live up to it. There would be a failure of justice if courts cannot rely on the submission as well as the representations made by lawyers, insofar as the presentation of evidence, whether oral or documentary, is concerned. If, as unfortunately happened in this case, even without any intent on the part of a member of the bar to mislead the court, such deplorable event did occur, he must not be allowed to escape the responsibility that justly attaches to a conduct far from impeccable. III. THE PRACTICE OF LAW Cayetano vs. Monsod, G.R. No. 100113, September 3, 1991 Black defines "practice of law" as:

The rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent. It is not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients and all actions taken for them in matters connected with the law. An attorney engages in the practice of law by maintaining an office where he is held out to bean attorney, using a letterhead describing himself as an attorney, counseling clients in legal matters, negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered by his associate. (Black's Law Dictionary, 3rd ed.)

The provision on qualifications regarding members of the Bar does not necessarily refer or involve actual practice of law outside the COA We have to interpret this to mean that as long as the lawyers who are employed in the COA are using their legal knowledge or legal talent in their respective work within COA, then they are qualified to be considered for appointment as members or commissioners, even chairman, of the Commission on Audit. ULEP vs. Legal Clinic, Inc. Bar Matter No. 553 June 17, 1993 Public policy requires that the practice of law be limited to those individuals found duly qualified in education and character. The permissive right conferred on the lawyers is an individual and limited privilege subject to withdrawal if he fails to maintain proper standards of moral and professional conduct. The purpose is to protect the public, the court, the client and the bar from the incompetence or dishonesty of those unlicensed to practice law and not subject to the disciplinary control of the court. Anent the issue on the validity of the questioned advertisements, the Code of Professional Responsibility provides that a lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. He is not supposed to use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Nor shall he pay or give something of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. Prior to the adoption of the code of Professional Responsibility, the Canons of Professional Ethics had also warned that lawyers should not resort to indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been or is engaged or concerning the manner of their conduct, the magnitude of the interest involved, the importance of the lawyer's position, and all other like self-laudation. The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession. advertise his talents or skill as in a

manner similar to a merchant advertising his goods. The prescription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the that the practice of law is a profession. Exceptions to the rule against advertising or solicitation: Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data. "Such data must not be misleading and may include only a statement of the lawyer's name and the names of his professional associates; addresses, telephone numbers, cable addresses; branches of law practiced; date and place of birth and admission to the bar; schools attended with dates of graduation, degrees and other educational distinction; public or quasi-public offices; posts of honor; legal authorships; legal teaching positions; membership and offices in bar associations and committees thereof, in legal and scientific societies and legal fraternities; the fact of listings in other reputable law lists; the names and addresses of references; and, with their written consent, the names of clients regularly represented."

The law list must be a reputable law list published primarily for that purpose; it cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published principally for other purposes. For that reason, a lawyer may not properly publish his brief biographical and informative data in a daily paper, magazine, trade journal or society program. Nor may a lawyer permit his name to be published in a law list the conduct, management or contents of which are calculated or likely to deceive or injure the public or the bar, or to lower the dignity or standing of the profession. The use of an ordinary simple professional card is also permitted. The card may contain only a statement of his name, the name of the law firm which he is connected with, address, telephone number and special branch of law practiced. The publication of a simple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. He may likewise have his name listed in a telephone directory but not under a designation of special branch of law.

Philippine Lawyers Association vs. Agrava, G.R. No. L-12426, February 16, 1959 The practice of law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients before judges and courts, and in addition, conveying. In general, all advice to clients, and all action taken for them in mattersconnected with the law incorporation services, assessment and condemnation services contemplating an appearance before a judicial body, the foreclosure of a mortgage, enforcement of a creditor's claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and guardianship have been held to constitute law practice, as do the preparation and drafting of legal instruments, where the work done involves the

determination by the trained legal mind of the legal effect of facts and conditions. (5 Am. Jr. p. 262, 263). (Emphasis supplied) Practice of law under modem conditions consists in no small part of work performed outside of any court and having no immediate relation to proceedings in court. It embraces conveyancing, the giving of legal advice on a large variety of subjects, and the preparation and execution of legal instruments covering an extensive field of business and trust relations and other affairs. Although these transactions may have no direct connection with court proceedings, they are always subject to become involved in litigation. They require in many aspects a high degree of legal skill, a wide experience with men and affairs, and great capacity for adaptation to difficult and complex situations. These customary functions of an attorney or counselor at law bear an intimate relation to the administration of justice by the courts. No valid distinction, so far as concerns the question set forth in the order, can be drawn between that part of the work of the lawyer which involves appearance in court and that part which involves advice and drafting of instruments in his office. It is of importance to the welfare of the public that these manifold customary functions be performed by persons possessed of adequate learning and skill, of sound moral character, and acting at all times under the heavy trust obligations to clients which rests upon all attorneys. (Moran, Comments on the Rules of Court, Vol. 3 [1953 ed.] , p. 665-666, citing In re Opinion of the Justices [Mass.], 194 N.E. 313, quoted in Rhode Is. Bar Assoc. v. Automobile Service Assoc. [R.I.] 179 A. 139,144).

In conclusion, we hold that under the present law, members of the Philippine Bar authorized by this Tribunal to practice law, and in good standing, may practice their profession before the Patent Office, for the reason that much of the business in said office involves the interpretation and determination of the scope and application of the Patent Law and other laws applicable, as well as the presentation of evidence to establish facts involved; that part of the functions of the Patent director are judicial or quasi-judicial, so much so that appeals from his orders and decisions are, under the law, taken to the Supreme Court. Aguirre vs. Rana, B. M. No. 1036, June 10, 2003 The right to practice law is not a natural or constitutional right but is a privilege. It is limited to persons of good moral character with special qualifications duly ascertained and certified. The exercise of this privilege presupposes possession of integrity, legal knowledge, educational attainment, and even public trust[4] since a lawyer is an officer of the court. A bar candidate does not acquire the right to practice law simply by passing the bar examinations. The practice of law is a privilege that can be withheld even from one who has passed the bar examinations, if the person seeking admission had practiced law without a license.[5] True, respondent here passed the 2000 Bar Examinations and took the lawyers oath. However, it is the signing in the Roll of Attorneys that finally makes one a full-fledged lawyer. The fact that respondent passed the bar examinations is immaterial. Passing the bar is not the only qualification to become an attorney-at-law. Respondent should know that two essential requisites for becoming a lawyer still had to be performed, namely: his lawyers oath to be administered by this Court and his signature in the Roll of Attorneys.

Burbe vs. Magulta, AC No. 99-634,June 10, 2002 Under the Code of Professional Responsibility, particularly Rules 16.01 and 18.03 which state that respectively: Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. The Practice of Law a Profession, Not a Business Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profits. The gaining of a livelihood is not a professional but a secondary consideration. Duty to public service and to the administration of justice should be the primary consideration of lawyers, who must subordinate their personal interests or what they owe to themselves. The practice of law is a noble calling in which emolument is a byproduct, and the highest eminence may be attained without making much money.[14] Rule 16.01 of the Code of Professional Responsibility states that lawyers shall hold in trust all moneys of their clients and properties that may come into their possession. Lawyers who convert the funds entrusted to them are in gross violation of professional ethics and are guilty of betrayal of public confidence in the legal profession.

GUILTY of violating the above-mentioned provisions. IV. POWER TO CONTROL AND REGULATE THE PRACTICE OF LAW In re: Cunanan, March 18, 1985 FACTS: RA 972 Bar Fluners Act of 1953 Objectives: to admit to the Bar those candidates who suffered from: (a) Insufficiency of reading materials and (b) inadequate preparation. By its declared objective, the law is contrary to public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the practice of the profession. Admission to practice of law is almost without exception conceded everywhere to be the exercise of a judicial function. Admission to practice have also been held to be the exercise of one of the inherent powers of the court.

If the legislature cannot indirectly control the action of the courts by requiring of them construction of the law according to its own views, it is very plain it cannot do so directly, by settling aside their judgments, compelling them to grant new trials, ordering the discharge of offenders, or directing what particular steps shall be taken in the progress of a judicial inquiry.

HELD: In decreeing the bar candidates who obtained in the bar examinations of 1946 to 1952, a general average of 70 per cent without falling below 50 per cent in any subject, be admitted in mass to the practice of law, the disputed law is not a legislation; it is a judgment a judgment revoking those promulgated by this Court during the aforecited year affecting the bar candidates concerned; and although this Court certainly can revoke these judgments even now, for justifiable reasons, it is no less certain that only this Court, and not the legislative nor executive department, that may be so. Any attempt on the part of any of these departments would be a clear usurpation of its functions, as is the case with the law in question. That the Constitution has conferred on Congress the power to repeal, alter or supplement the rule promulgated by this Tribunal, concerning the admission to the practice of law, is no valid argument. Section 13, article VIII of the Constitution provides: Section 13. The Supreme Court shall have the power to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law. Said rules shall be uniform for all courts of the same grade and shall not diminish, increase or modify substantive rights. The existing laws on pleading, practice and procedure are hereby repealed as statutes, and are declared Rules of Court, subject to the power of the Supreme Court to alter and modify the same. The Congress shall have the power to repeal, alter, or supplement the rules concerning pleading, practice, and procedure, and the admission to the practice of law in the Philippines. Constitution of the Philippines, Art. VIII, sec. 13. The ultimate power to grant license for Practice of Law belongs EXCLUSIVELY to the court, and the law passed by the Congress is of PERMISSIVE character (merely to fix the minimum condition for the license). Republic Act No. 972 is unconstitutional and therefore, void, and without any force nor effect for the following reasons, to wit: 1. Because its declared purpose is to admit 810 candidates who failed in the bar examinations of 1946-1952, and who, it admits, are certainly inadequately prepared to practice law, as was exactly found by this Court in the aforesaid years. It decrees the admission to the Bar of these candidates, depriving this Tribunal of the opportunity to determine if they are at present already prepared to become members of the Bar. It obliges the Tribunal to perform something contrary to reason and in an arbitrary manner. This is a manifest encroachment on the constitutional responsibility of the Supreme Court. 2. Because it is, in effect, a judgment revoking the resolution of this Court on the petitions of these 810 candidates, without having examined their respective examination papers, and although it is admitted that this Tribunal may reconsider said resolution at any time for justifiable

reasons, only this Court and no other may revise and alter them. In attempting to do it directly Republic Act No. 972 violated the Constitution. 3. By the disputed law, Congress has exceeded its legislative power to repeal, alter and supplement the rules on admission to the Bar. Such additional or amendatory rules are, as they ought to be, intended to regulate acts subsequent to its promulgation and should tend to improve and elevate the practice of law, and this Tribunal shall consider these rules as minimum norms towards that end in the admission, suspension, disbarment and reinstatement of lawyers to the Bar, inasmuch as a good bar assists immensely in the daily performance of judicial functions and is essential to a worthy administration of justice. It is therefore the primary and inherent prerogative of the Supreme Court to render the ultimate decision on who may be admitted and may continue in the practice of law according to existing rules. 4. The reason advanced for the pretended classification of candidates, which the law makes, is contrary to facts which are of general knowledge and does not justify the admission to the Bar of law students inadequately prepared. The pretended classification is arbitrary. It is undoubtedly a class legislation. 5. Article 2 of Republic Act No. 972 is not embraced in the title of the law, contrary to what the Constitution enjoins, and being inseparable from the provisions of article 1, the entire law is void. 6. Lacking in eight votes to declare the nullity of that part of article 1 referring to the examinations of 1953 to 1955, said part of article 1, insofar as it concerns the examinations in those years, shall continue in force. Decision of the the eight members of the Court: 1. That (a) the portion of article 1 of Republic Act No. 972 referring to the examinations of 1946 to 1952, and (b) all of article 2 of said law are unconstitutional and, therefore, void and without force and effect. 2. That, for lack of unanimity in the eight Justices, that part of article 1 which refers to the examinations subsequent to the approval of the law, that is from 1953 to 1955 inclusive, is valid and shall continue to be in force, in conformity with section 10, article VII of the Constitution. Consequently, (1) all the above-mentioned petitions of the candidates who failed in the examinations of 1946 to 1952 inclusive are denied, and (2) all candidates who in the examinations of 1953 obtained a general average of 71.5 per cent or more, without having a grade below 50 per cent in any subject, are considered as having passed, whether they have filed petitions for admission or not. After this decision has become final, they shall be permitted to take and subscribe the corresponding oath of office as members of the Bar on the date or dates that the chief Justice may set. RATIONALE: The public interest demands of legal profession adequate preparation and efficiency, precisely more so as legal problem evolved by the times become more difficult. An

adequate legal preparation is one of the vital requisites for the practice of law that should be developed constantly and maintained firmly. To the legal profession is entrusted the protection of property, life, honor and civil liberties. To approve officially of those inadequately prepared individuals to dedicate themselves to such a delicate mission is to create a serious social danger. Moreover, the statement that there was an insufficiency of legal reading materials is grossly exaggerated.

Florence Teves Macarubbo v. Atty. Edmundo L. Mararubbo, ADM Case No. 6148, January 22, 2013 Charge: WHEREFORE, respondent Edmundo L. Macarubbo is found guilty of gross immorality and is hereby DISBARRED from the practice of law. He is likewise ORDERED to show satisfactory evidence to the IBP Commission on Bar Discipline and to this Court that he is supporting or has made provisions for the regular support of his two children by complainant. Let respondent's name be stricken off the Roll of Attorneys. FACTS: Respondent here has exhibited the vice of entering into multiple marriages and then leaving them behind by the mere expedient of resorting to legal remedies to sever them. Respondent also failed to support his children by complainant. Such pattern of misconduct by respondent undermines the institutions of marriage and family, institutions that this society looks to for the rearing of our children, for the development of values essential to the survival and well-being of our communities, and for the strengthening of our nation as a whole. This must be checked if not stopped. HELD: As officers of the court, lawyers must not only in fact be of good moral character but must also be perceived to be of good moral character and must lead a life in accordance with the highest moral standards of the community. The moral delinquency that affects the fitness of a member of the bar to continue as such, including that which makes a mockery of the inviolable social institution of marriage,51 outrages the generally accepted moral standards of the community. In sum, respondent has breached the following precepts of the Code of Professional Responsibility: Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. CANON 7 - A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the activities of the Integrated Bar. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Javellana vs. DILG, et. al., G.R. No. 102549 August 10, 1992

Petition: Right of a public official to engage in the practice of his profession while employed in the Government. PETITION DENIED. FACTS: Javellana is an incumbent member of the City Council or Sanggunian Panglungsod of Bago City, and a lawyer by profession who has continuously engaged in the practice of law without securing authority for that purpose from the Regional Director, Department of Local Government, as required by DLG Memorandum Circular No. 80-38 in relation to DLG Memorandum Circular No. 74-58. As to members of the bar the authority given for them to practice their profession shall always be subject to the restrictions provided for in Section 6 of Republic Act 5185. In all cases, the practice of any profession should be favorably recommended by the Sanggunian concerned as a body and by the provincial governors, city or municipal mayors, as the case may be. c) That no conflict of interests between the practice of profession or engagement in private employment and the official duties of the concerned official shall arise thereby;

Five months later or on October 10, 1991, the Local Government Code of 1991 (RA 7160) was signed into law, Section 90 of which provides: Sec. 90. Practice of Profession. - (a) All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.chanroblesvirtualawlibrarychanrobles virtual law library (b) Sanggunian members may practice their professions, engage in any occupation, or teach in schools except during session hours: Provided, That sanggunian members who are members of the Bar shall not: (1) Appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party; (2) Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office; (3) Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official; and (4) Use property and personnel of the Government except when the sanggunian member concerned is defending the interest of the Government. HELD: Petitioner's contention that Section 90 of the Local Government Code of 1991 and DLG Memorandum Circular No. 90-81 violate Article VIII, Section 5 of the Constitution is completely off tangent. Neither the statute nor the circular trenches upon the Supreme Court's power and authority to prescribe rules on the practice of law. The Local Government Code and DLG Memorandum Circular No. 90-81 simply prescribe rules of conduct for public officials to avoid conflicts of interest between the discharge of their public duties and the private practice of their profession, in those instances where the law allows it.

Frias vs. Bautista-Lozada, A.C. No. 6656, May 4, 2006 The court held that the defense of prescription does not lie in administrative proceedings against lawyers. And in the 2004 case of Heck v. Santos, we declared that an administrative complaint against a member of the bar does not prescribe. If the rule were otherwise, members of the bar would be emboldened to disregard the very oath they took as lawyers, prescinding from the fact that as long as no private complainant would immediately come forward, they stand a chance of being completely exonerated from whatever administrative liability they ought to answer for. It is the duty of this Court to protect the integrity of the practice of law as well as the administration of justice. No matter how much time has elapsed from the time of the commission of the act complained of and the time of the institution of the complaint, erring members of the bench and bar cannot escape the disciplining arm of the Court. This categorical pronouncement is aimed at unscrupulous members of the bench and bar, to deter them from committing acts which violate the Code of Professional Responsibility, the Code of Judicial Conduct, or the Lawyers Oath.

The CBD-IBP derives its authority to take cognizance of administrative complaints against lawyers from this Court which has the inherent power to regulate, supervise and control the practice of law in the Philippines. Hence, in the exercise of its delegated power to entertain administrative complaints against lawyers, the CBD-IBP should be guided by the doctrines and principles laid down by this Court.

In the Matter Of The Integration Of The Bar Of The Philippines, January 9, 1973 Integration of the Philippine Bar means the official unification of the entire lawyer population of the Philippines. This requires membership and financial support (in reasonable amount) of every attorney as conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court. The term "Bar" refers to the collectivity of all persons whose names appear in the Roll of Attorneys. An Integrated Bar (or Unified Bar) perforce must include all lawyers. The purposes of an integrated Bar, in general, are: (1) Assist in the administration of justice; (2) Foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct; (3) Safeguard the professional interests of its members;

(4) Cultivate among its members a spirit of cordiality and brotherhood; (5) Provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the relations of the Bar to the Bench and to the public, and publish information relating thereto; (6) Encourage and foster legal education; (7) Promote a continuing program of legal research in substantive and adjective law, and make reports and recommendations thereon; and (8) Enable the Bar to discharge its public responsibility effectively. Integration of the Bar will, among other things, make it possible for the legal profession to: (1) Render more effective assistance in maintaining the Rule of Law; (2) Protect lawyers and litigants against the abuse of tyrannical judges and prosecuting officers; (3) Discharge, fully and properly, its responsibility in the disciplining and/or removal of incompetent and unworthy judges and prosecuting officers; (4) Shield the judiciary, which traditionally cannot defend itself except within its own forum, from the assaults that politics and self-interest may level at it, and assist it to maintain its integrity, impartiality and independence; (5) Have an effective voice in the selection of judges and prosecuting officers; (6) Prevent the unauthorized practice of law, and break up any monopoly of local practice maintained through influence or position; (7) Establish welfare funds for families of disabled and deceased lawyers; (8) Provide placement services, and establish legal aid offices and set up lawyer reference services throughout the country so that the poor may not lack competent legal service; (9) Distribute educational and informational materials that are difficult to obtain in many of our provinces; (10) Devise and maintain a program of continuing legal education for practising attorneys in order to elevate the standards of the profession throughout the country; (11) Enforce rigid ethical standards, and promulgate minimum fees schedules; (12) Create law centers and establish law libraries for legal research;

(13) Conduct campaigns to educate the people on their legal rights and obligations, on the importance of preventive legal advice, and on the functions and duties of the Filipino lawyer; and (14) Generate and maintain pervasive and meaningful country-wide involvement of the lawyer population in the solution of the multifarious problems that afflict the nation. The Court is of the view that it may integrate the Philippine Bar in the exercise of its power, under Article VIII, Sec. 13 of the Constitution, "to promulgate rules concerning pleading, practice, and procedure in all courts, and the admission to the practice of law." Indeed, the power to integrate is an inherent part of the Court's constitutional authority over the Bar. In providing that "the Supreme Court may adopt rules of court to effect the integration of the Philippine Bar," Republic Act 6397 neither confers a new power nor restricts the Court's inherent power, but is a mere legislative declaration that the integration of the Bar will promote public interest or, more specifically, will "raise the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively." The judicial pronouncements support this reasoning: Courts have inherent power to supervise and regulate the practice of law. The practice of law is not a vested right but a privilege; a privilege, moreover, clothed with public interest, because a lawyer owes duties not only to his client, but also to his brethren in the profession, to the courts, and to the nation; and takes part in one of the most important functions of the State, the administration of justice, as an officer of the court. Because the practice of law is privilege clothed with public interest, it is far and just that the exercise of that privilege be regulated to assure compliance with the lawyer's public responsibilities. These public responsibilities can best be discharged through collective action; but there can be no collective action without an organized body; no organized body can operate effectively without incurring expenses; therefore, it is fair and just that all attorneys be required to contribute to the support of such organized body; and, given existing Bar conditions, the most efficient means of doing so is by integrating the Bar through a rule of court that requires all lawyers to pay annual dues to the Integrated Bar. Freedom of Association. Integration does not make a lawyer a member of any group of which he is not already a member. He became a member of the Bar when he passed the Bar examinations. All that integration actually does is to provide an official national organization for the well-defined but unorganized and in cohesive group of which every lawyer is already a member. Bar integration does not compel the lawyer to associate with anyone. He is free to attend or not attend the meetings of his Integrated Bar Chapter or vote or refuse to vote in its elections as he chooses. The body compulsion to which he is subjected is the payment of annual dues.

Regulatory Fee. A membership fee in the Integrated Bar is an exaction for regulation, while the purpose of a tax is revenue. If the Court has inherent power to regulate the Bar, it follows that as an incident to regulation, it may impose a membership fee for that purpose. It would not be possible to push through an Integrated Bar program without means to defray the concomitant expenses. The doctrine of implied powers necessarily includes the power to impose such an exaction. Fair to All Lawyers. Bar integration is not unfair to lawyers already practising because although the requirement to pay annual dues is a new regulation, it will give the members of the Bar a new system which they hitherto have not had and through which, by proper work, they will receive benefits they have not heretofore enjoyed, and discharge their public responsibilities in a more effective manner than they have been able to do in the past. Because the requirement to pay dues is a valid exercise of regulatory power by the Court, because it will apply equally to all lawyers, young and old, at the time Bar integration takes effect, and because it is a new regulation in exchange for new benefits, it is not retroactive, it is not unequal, it is not unfair. Part II. D. Exception No. 1 of the Syllabus (Section 1, Rule 138-A, Rules of Court): In Re: Need That Law Student Practicing Under Rule 138-A Be Actually Supervised During Trial, Bar Matter No. 730, June 13, 1997 For the guidance of the bench and bar, we hold that a law student appearing before the Regional Trial Court under Rule 138-A should at all times be accompanied by a supervising lawyer. Section 2 of Rule 138-A provides. Section 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed the by supervising attorney for and in behalf of the legal clinic. The phrase "direct supervision and control" requires no less than the physical presence of the supervising lawyer during the hearing. This is in accordance with the threefold rationale behind the Law Student Practice Rule, to wit: 1. to ensure that there will be no miscarriage of justice as a result of incompetence or inexperience of law students, who, not having as yet passed the test of professional competence, are presumably not fully equipped to act a counsels on their own; 2. to provide a mechanism by which the accredited law school clinic may be able to protect itself from any potential vicarious liability arising from some culpable action by their law students; and

3. to ensure consistency with the fundamental principle that no person is allowed to practice a particular profession without possessing the qualifications, particularly a license, as required by law. The rule clearly states that the appearance of the law student shall be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly accredited by law schools. IN VIEW WHEREOF, we hold that a law student appearing before the Regional Trial Court under the authority of Rule 138-A must be under the direct control and supervision of a member of the Integrated Bar of the Philippines duly accredited by the law school and that said law student must be accompanied by a supervising lawyer in all his appearance.

Cruz vs. Mina, G.R. No. 154207, April 27, 2007 RULE 138-A LAW STUDENT PRACTICE RULE Section 1. Conditions for Student Practice. A law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school. Sec. 2. Appearance. The appearance of the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic. The rule, however, is different if the law student appears before an inferior court, where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer. Section 34, Rule 138 provides: SEC. 34. By whom litigation is conducted. In the Court of a municipality a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney and his appearance must be either personal or by a duly authorized member of the bar. Section 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective of whether or not he is a law student. As succinctly clarified in Bar Matter No. 730, by virtue of Section 34, Rule 138, a law student may appear, as an agent or a friend of a party litigant, without the supervision of a lawyer before inferior courts.

Petition is GRANTED. The assailed Resolution and Order of the Regional Trial Court, Branch 116, Pasay City are REVERSED and SET ASIDE. The Metropolitan Trial Court, Branch 45,

Pasay City is DIRECTED to ADMIT the Entry of Appearance of petitioner in Criminal Case No. 00-1705 as a private prosecutor under the direct control and supervision of the public prosecutor. V. CASES ON REQUIREENT OF CITIZENSHIP Petition to Resume Practice of law of Benjamin Dacanay, B.M. No. 1678, December 17, 2007 Re: Application for Admission to the Bar Vicente D. Ching, B.M. No. 914, October 1, 1999 Under Article IV, Section 1(3) of the 1935 Constitution, the citizenship of a legitimate child born of a Filipino mother and an alien father followed the citizenship of the father, unless, upon reaching the age of majority, the child elected Philippine citizenship. 4 This right to elect Philippine citizenship was recognized in the 1973 Constitution when it provided that "(t)hose who elect Philippine citizenship pursuant to the provisions of the Constitution of nineteen hundred and thirty-five" are citizens of the Philippines. 5 Likewise, this recognition by the 1973 Constitution was carried over to the 1987 Constitution which states that "(t)hose born before January 17, 1973 of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority" are Philippine citizens. C.A. No. 625 which was enacted pursuant to Section 1(3), Article IV of the 1935 Constitution, prescribes the procedure that should be followed in order to make a valid election of Philippine citizenship. Under Section 1 thereof, legitimate children born of Filipino mothers may elect Philippine citizenship by expressing such intention "in a statement to be signed and sworn to by the party concerned before any officer authorized to administer oaths, and shall be filed with the nearest civil registry. The said party shall accompany the aforesaid statement with the oath of allegiance to the Constitution and the Government of the Philippines."

VI. Cases on Requirement of good moral character: In The Matter Of The Disqualification Of Bar Examinee Haron S. Meling In The 2002 Bar Examinations And For Disciplinary Action As Member Of The Philippine Sharia Bar, Atty. Froilan R. Melendrez, B.M. No. 1154, June 8, 2004 In Bar Matter 1209, the Court stated, thus: It has been held that good moral character is what a person really is, as distinguished from good reputation or from the opinion generally entertained of him, the estimate in which he is held by the public in the place where he is known. Moral character is not a subjective term but one which corresponds to objective reality. The standard of personal and professional integrity is not satisfied by such conduct as it merely enables a person to escape the penalty of criminal law. Good moral character includes at least common honesty. Narag vs. Narag, A.C. No. 3405 June 29, 1998 The Code of Professional Responsibility provides:

Rule 1.01-- A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. CANON 7-- A lawyer shall at all times uphold the integrity and dignity of the legal profession, and support the activities of the Integrated Bar. Rule 7.03-- A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor should he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Thus, good moral character is not only a condition precedent to the practice of law, but a continuing qualification for all members of the bar. Hence, when a lawyer is found guilty of gross immoral conduct, he may be suspended or disbarred. Immoral conduct has been defined as that conduct which is so willful, flagrant, or shameless as to show indifference to the opinion of good and respectable members of the community. Furthermore, such conduct must not only be immoral, but grossly immoral. That is, it must be so corrupt as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree[31] or committed under such scandalous or revolting circumstances as to shock the common sense of decency. We explained in Barrientos vs. Daarol[33] that, 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. More specifically, a member of the Bar and officer of the court is not only required to refrain from adulterous relationships or the keeping of mistresses but must also so behave himself as to avoid scandalizing the public by creating the belief that he is flouting those moral standards. Advincula vs. Macabata, A.C. No. 7204, March 7, 2007 As may be gleaned from above, the Code of Professional Responsibility forbids lawyers from engaging in unlawful, dishonest, immoral or deceitful conduct. Lawyers have been repeatedly reminded that their possession of good moral character is a continuing condition to preserve their membership in the Bar in good standing. The continued possession of good moral character is a requisite condition for remaining in the practice of law.[6] In Aldovino v. Pujalte, Jr., we emphasized that: This Court has been exacting in its demand for integrity and good moral character of members of the Bar. They are expected at all times to uphold the integrity and dignity of the legal profession and refrain from any act or omission which might lessen the trust and confidence reposed by the public in the fidelity, honesty, and integrity of the legal profession. Membership in the legal profession is a privilege. And whenever it is made to appear that an attorney is no longer worthy of the trust and confidence of the public, it becomes not only the right but

also the duty of this Court, which made him one of its officers and gave him the privilege of ministering within its Bar, to withdraw the privilege. It should be noted that the requirement of good moral character has four ostensible purposes, namely: (1) to protect the public; (2) to protect the public image of lawyers; (3) to protect prospective clients; and (4) to protect errant lawyers from themselves. Immorality has not been confined to sexual matters, but includes conduct inconsistent with rectitude, or indicative of corruption, indecency, depravity and dissoluteness; or is willful, flagrant, or shameless conduct showing moral indifference to opinions of respectable members of the community, and an inconsiderate attitude toward good order and public welfare. Villanueva vs. Sta. Ana, CBD CASE No. 251, July 11, 1995 Well-settled is the rule that good moral character is not only a condition precedent to an admission to the legal profession but it must also remain extant in order to maintain one's good standing in that exclusive and honored fraternity. The Code of Professional Responsibility mandates: CANON 1 . . . . Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. CANON 16 A lawyer shall hold in trust all moneys and properties of his client that may come into his possession. Rule 16.01 A lawyer shall account for all money or property collected or received for or from the client. Cordova vs. Cordova, A.M. No. 3249, November 29, 1989 After a review of the record, we agree with the findings of fact of the IBP Board. We also agree that the most recent reconciliation between complainant and respondent, assuming the same to be real, does not excuse and wipe away the misconduct and immoral behavior of the respondent carried out in public, and necessarily adversely reflecting upon him as a member of the Bar and upon the Philippine Bar itself. An applicant for admission to membership in the bar is required to show that he is possessed of good moral character. That requirement is not exhausted and dispensed with upon admission to membership of the bar. On the contrary, that requirement persists as a continuing condition for membership in the Bar in good standing. Tapucar vs. Tapucar, A.C. No. 4148, July 30, 1998

As this Court often reminds members of the Bar, they must live up to the standards and norms expected of the legal profession, by upholding the ideals and tenets embodied in the Code of Professional Responsibility always. Lawyers must maintain a high standards of legal proficiency, as well as morality including honesty, integrity and fair dealing. For they are at all times subject to the scrutinizing eye of public opinion and community approbation. Needless to state, those whose conduct both public and private fails this scrutiny would have to be disciplined and, after appropriate proceedings, penalized accordingly. Keeping a mistress, entering into another marriage while a prior one still subsists, as well as abandoning and/or mistreating complainant and their children, show his disregard of family obligations, morality and decency, the law and the lawyers oath. Such gross misbehavior over a long period of time clearly shows a serious flaw in respondents character, his moral indifference to scandal in the community, and his outright defiance of established norms. All these could not but put the legal profession in disrepute and place the integrity of the administration of justice in peril, hence the need for strict but appropriate disciplinary action. Bacarro vs. Pinatacan, Adm. Case No. 559-SBC January 31, 1984 One of the indispensable requisites for admission to the Philippine Bar is that the applicant must be of good moral character. 14 This requirement aims to maintain and uphold the high moral standards and the dignity of the legal profession, and one of the ways of achieving this end is to admit to the practice of this noble profession only those persons who are known to be honest and to possess good moral character. 15 "As a man of law, (a lawyer) is necessary a leader of the community, looked up to as a model citizen" 16 He sets an example to his fellow citizens not only for his respect for the law, but also for his clean living. 17 Thus, becoming a lawyer is more than just going through a law course and passing the Bar examinations. One who has the lofty aspiration of becoming a member of the Philippine Bar must satisfy this Court, which has the power, jurisdiction and duty to pass upon the qualifications, ability and moral character of candidates for admission to the Bar, that he has measured up to that rigid and Ideal standard of moral fitness required by his chosen vocation. As in the Tan cases, We hold that herein respondent Pinatacan had failed to live up to the high moral standard demanded for membership in the Bar. He had seduced complainant into physically submitting herself to him by promises of marriage. He even eloped with her and brought her to another place. He got her pregnant and then told her to have an abortion When complainant refused, he deserted her. Complainant had to track him down to ask him to help support their child born out of wedlock, and during the few times that she was able to see him, respondent merely made promises which he apparently did not intend to keep. On top of all these, respondent had the audacity and impudence to deny before this Court in a sworn Affidavit the paternity of his child by complaint. In The Matter Of The Admission To The Bar And Oath-Taking Of Successful Bar Applicant Al C. Argosino, Petitioner. B.M. No. 712, July 13, 1995

Ventura vs. Atty. Samson, A.C. No. 9608, November 27, 2012 From the undisputed facts gathered from the evidence and the admissions of respondent himself, we find that respondents act of engaging in sex with a young lass, the daughter of his former employee, constitutes gross immoral conduct that warrants sanction. Respondent not only admitted he had sexual intercourse with complainant but also showed no remorse whatsoever when he asserted that he did nothing wrong because she allegedly agreed and he even gave her money. Indeed, his act of having carnal knowledge of a woman other than his wife manifests his disrespect for the laws on the sanctity of marriage and his own marital vow of fidelity. Moreover, the fact that he procured the act by enticing a very young woman with money showed his utmost moral depravity and low regard for the dignity of the human person and the ethics of his profession. Respondent has violated the trust and confidence reposed on him by complainant, then a 13year-old minor, who for a time was under respondents care. Whether the sexual encounter between the respondent and complainant was or was not with the latters consent is of no moment. Respondent clearly committed a disgraceful, grossly immoral and highly reprehensible act. Such conduct is a transgression of the standards of morality required of the legal profession and should be disciplined accordingly. Leda vs. Tabang, A.C. No. 2505 February 21, 1992 Firstly, his declaration in his application for Admission to the 1981 Bar Examinations that he was "single" was a gross misrepresentation of a material fact made in utter bad faith, for which he should be made answerable. Rule 7.01, Canon 7, Chapter II of the Code of Professional Responsibility explicitly provides: "A lawyer shall be answerable for knowingly making a false statement or suppression of a material fact in connection with his application for admission to the bar." That false statement, if it had been known, would have disqualified him outright from taking the Bar Examinations as it indubitably exhibits lack of good moral character. Respondent's lack of good moral character is only too evident. He has resorted to conflicting submissions before this Court to suit himself. He has also engaged in devious tactics with Complainant in order to serve his purpose. In so doing, he has violated Canon 10 of the Code of Professional Responsibility, which provides that "a lawyer owes candor, fairness and good faith to the court" as well as Rule 1001 thereof which states that "a lawyer should do no falsehood nor consent to the doing of any in Court; nor shall he mislead, or allow the court to be misled by any artifice." Courts are entitled to expect only complete candor and honesty from the lawyers appearing and pleading before them. Respondent, through his actuations, has been lacking in the candor required of him not only as a member of the Bar but also as an officer of the Court.

Laguitan vs. Tinio, A.M. No. 3049 December 4, 1989

The Court agrees that respondent Tinio deserves to be suspended from the practice of law but not merely because he has failed in his obligation to support the children complainant bore him but also because for a prolonged period of time, he lived in concubinage with complainant, a course of conduct inconsistent with the requirement of good moral character that is required for the continued right to practice law as a member of the Philippine Bar, Concubinage imports moral turpitude and entails a public assault upon the basic social institution of marriage.

Guevarra vs. Atty. Eala, A.C. No. 7136, August 1, 2007 While it has been held in disbarment cases that the mere fact of sexual relations between two unmarried adults is not sufficient to warrant administrative sanction for such illicit behavior, it is not so with respect to betrayals of the marital vow of fidelity. Even if not all forms of extra-marital relations are punishable under penal law, sexual relations outside marriage is considered disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage and the marital vows protected by the Constitution and affirmed by our laws. Respondent, Atty. Jose Emmanuel M. Eala, is DISBARRED for grossly immoral conduct, violation of his oath of office, and violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility. In Re: Victorio D. Lanuevo, A.M. No. 1162 August 29, 1975; In Re: Ramon E. Galang, A.C. No. 1163 August 29, 1975; In Re: HON. BERNARDO PARDO, HON. RAMON PAMATIAN, ATTY. MANUEL TOMACRUZ, ATTY. FIDEL MANALO And ATTY. GUILLERMO PABLO, JR., Members, 1971 Bar Examining Committee, A.M. No. 1162 It is patent likewise from the records that respondent Lanuevo too undue advantage of the trust and confidence reposed in him by the Court and the Examiners implicit in his position as Bar Confidant as well as the trust and confidence that prevailed in and characterized his relationship with the five members of the 1971 Bar Examination Committee, who were thus deceived and induced into re-evaluating the answers of only respondent Galang in five subjects that resulted in the increase of his grades therein, ultimately enabling him to be admitted a member of the Philippine Bar. Section 2 of Rule 138 of the Revised Rules of Court of 1964, in connection, among others, with the character requirement of candidates for admission to the Bar, provides that "every applicant for admission as a member of the Bar must be ... of good moral character ... and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him involving moral turpitude, have been filed or are pending in any court in the Philippines." Respondent Galang when he took the Bar for the first time in 1962 did not expressly require the disclosure of the applicant's criminal records, if any.

Galang continued to intentionally withhold or conceal from the Court his criminal case of slight physical injuries which was then and until now is pending in the City Court of Manila; and thereafter repeatedly omitted to make mention of the same in his applications to take the Bar examinations in 1967, 1969 and 1971.

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will support the 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 the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man 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 courts as to my clients; and I impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.