THE LAWYER'S OATH

The Lawyers Oath, a reminder to Atty. Raul Quiroz et al.

The Lawyer's Oath

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By J. Jose L. Sabio, Jr.

The Oath: The Lawyer's Ideal

What is an oath? Webster defines it as: “A solemn appeal to God, or in a wider sense, to any sacred or revered person or sanction for the truth of an affirmation or declaration or in witness of the inviolability of a promise or undertaking.” As early as Alvarez vs. CFI, the Supreme Court explained its meaning in this wise:

In its broadest sense, an oath includes any form of attestation by which a party signifies that he is bound in conscience to perform an act faithfully and truthfully. It is an outward pledge given by the person taking it, that his attestation or promise is made under an immediate sense of his responsibility to God.

Section 17 of Rule 138 of the Rules of Court states that an applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribed before the Supreme Court an oath of office. The new lawyer swears before a duly constituted authority as an attestation that he/she takes on the duties and responsibilities proper of a lawyer. More particularly, form 28 of the judicial standard forms prescribes the following oath to be taken by the applicant:

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey 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 court; I will not wittingly nor 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 this voluntary obligations without any mental reservation or purpose of evasion. So help me God.

The taking of this oath is a condition to the admission to practice law and may only be taken before the Supreme Court by a person authorized by the high court to engage in the practice of law. And what is the nature of a lawyer's oath? In the case of Sebastian vs. Calis the Supreme Court held that: “A lawyer's oath are not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable.” The substance and gravity behind these words may be understood in the light of the substance and gravity behind the oath being taken. In a sense, the oath embodies the ideals by which a lawyer lives by in the practice of the legal profession. This is why the lawyer's oath has been likened to a condensed version of the canons of professional responsibility. This seems to have been confirmed in Endaya vs. Oca, where it was held that: “the lawyer's oath embodies the fundamental principles that guide every member of the legal fraternity. From it springs the lawyer's duties and responsibilities that any infringement thereof can cause his disbarment, suspension or other disciplinary actions.”

In the words of the Supreme Court, an oath is any form of attestation by which a party signifies that he is bound in conscience to perform an act faithfully and truthfully. What then does a lawyer promise to perform faithfully and truthfully when he takes on the oath upon being admitted to the practice of law? It is the very practice of his duties and responsibilities as a lawyer. The gravity of the oath is grounded on two important things: on the gravity of a lawyer's duties and on the fact that he makes a solemn promise before God to undertake these duties faithfully. When a great amount of trust is placed on such an office, then a corresponding sense of integrity and responsibility is expected of those who have taken on that office. The legal profession is one such office laden with a great amount of trust. In the hands of the lawyer is entrusted not only the power to steer the course of some client's personal or business future but more importantly, the very nature of the legal profession presupposes a certain moral burden that demands personal integrity. As stated by the Supreme Court:

Lawyers are expected to abide by the tenets of morality, not only upon admission to the Bar but also throughout their legal career, in order to maintain one's good standing in that exclusive and honored fraternity. Good moral character is more than just the absence of bad character. Such character expresses itself in the will to do the unpleasant thing if it is right and the resolve not to do the pleasant thing if it is wrong. This must be so because vast interests are committed to his care; he is the recipient of unbounded trust and confidence; he deals with his client' s property, reputation, his life, his all.

A lawyer is said to be the servant of the law and belongs to a profession to which society has entrusted the administration of law and the dispensing of justice. For this reason, a lawyer's oath impresses upon him the responsibilities of an officer of the court upon whose shoulders rest the grave responsibility of assisting courts in the proper, fair, speedy and efficient administration of justice.

In fact, it may be understood that the words contained in the oath of office summarize the main duties and responsibilities a lawyer is supposed to take on in the practice of law. In other words, every time an oath of office is taken, the person making the statement in effect states that in taking on the oath he/she promises to conscientiously fulfill the duties entrusted to his office. Section 20 of Rule 138 enumerates what these duties are. It is the duty of an attorney -

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(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.

In order to fulfill these duties, every lawyer is expected to live by a certain mode of behavior now distilled in what is known as the Code of Professional Responsibility. The Code mandates upon each lawyer, as his duty to society, the obligation to obey the laws of the land and promote respect for law and legal processes. Specifically, he is forbidden to engage in unlawful, dishonest, immoral or deceitful conduct. In essence, all that is contained in this Code is succinctly summarized in the oath of office taken by every lawyer. It is of little surprise to find that in Magdaluyo vs. Nace the Supreme Court declares that the lawyer's oath is a source of obligations and violation thereof is a ground for suspension, disbarment or other disciplinary action. In the case of Businos vs. Ricafort, the Supreme Court also held that:

By swearing the lawyer's oath, an attorney becomes a guardian of truth and the rule of law, and an indispensable instrument in the fair and impartial administration of justice – a vital function of democracy, a failure of which is disastrous to society. While the duty to uphold the constitution and obey the laws is an obligation imposed upon every citizen, a lawyer assumes responsibilities over and beyond the basic requirements of good citizenship. As servant of the law, a lawyer ought to make himself an example for others to emulate. He should be possessed of and must continue to possess good moral character.

In Brion Jr. vs. Brillantes, Jr., the Supreme Court also ruled: “the lawyer's primary duty as enunciated in the attorney's oath is to uphold the constitution, obey the laws of the land and promote respect for the law and legal processes. That duty in its irreducible minimum entails obedience to the legal orders of the court.” The importance and significance in upholding the sanctity of a lawyer's oath have been highlighted by the Supreme Court in the various rulings it made involving disciplinary actions against members of the legal fraternity.

The Real World Of The Legal Practice

While it is true that these ideals by which every lawyer swears to live by remain sublime, the same ideals often hardly motivate some lawyers in the real world of legal practice. Instead of high ideals, less honorable reasons and more pragmatic considerations – often financial and material in nature – take hold of many a cynical and hardened lawyer. This has been the cause of lament and expressions of grave concern by honorable individuals, among them the late Supreme Court Chief Justice Fred Ruiz Castro. In an address before members of the legal profession, he said:

Many a legal practitioner, forgetting his sacred mission as a sworn public servant and his exalted position as an officer of the court, has allowed himself to become:

An instigator of controversy, instead of a mediator for concord and a conciliator for compromise;

A virtuoso of technicality in the conduct of litigation, instead of a true exponent of the primacy of truth and moral justice;

A mercenary purveying the benefits of his enlightened advocacy in direct proportion to a litigant's financial posture, instead of a faithful friend of the courts in the dispensation of equal justice to rich and poor alike.

Though these words were expressed some time ago, yet is is sad to note that Chief Justice Ruiz's words still ring loud and true today. The goal of remaining true to the ideals of the legal profession is hampered by the seemingly irresistible influence and pressures of modern day commercialism in almost every facet of human activity and endeavor. In various cases, the Supreme Court has denied applicant's petition to take the lawyer's oath for grave misconduct or for any serious violation of the canons of professional responsibility which puts in question the applicant's moral character. Moreover, a reading of the latest rulings of the highest tribunal would reveal the lawyer's utter disregard, if not disdain, for the lawyer's oath.

In Vitriola vs. Dasig, a case for disbarment against an official of the commission on higher education charged with gross misconduct in violation of the attorney's oath for having used her public office to secure financial spoils, the Supreme Court, in ordering respondent's disbarment, held:

The attorney's oath is the source of the obligations and duties of every lawyer and any violation thereof is a ground for disbarment, suspension, or other disciplinary action. The attorney's oath imposes upon every member of the bar the duty to delay no man for money or malice.

Said duty is further stressed in Rule 1.03 of the code of professional responsibility. Respondent's demands for sums of money to facilitate the processing of pending applications or requests before her office violates such duty, and runs afoul of the oath she took when admitted to the bar.

The affirmation by a lawyer to uphold the law was the subject in De Guzman vs. De Dios. In this case where respondent was charged for representing conflicting interest, found guilty and suspended for six months, with a warning, the highest tribunal held:

To say that lawyers must at all times uphold and respect the law is to state the obvious, but such statement can never be over-emphasized. Considering that, 'of all classes and professions, (lawyers are) most sacredly bound to uphold and respect the law', it is imperative that they live by the law.

Accordingly, lawyers who violate their oath and engage in deceitful conduct have no place in the legal profession. 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 to the best of her knowledge and discretion. The lawyer's oath is a source of obligation and violation thereof is a ground for suspension, disbarment, or other disciplinary action. The acts of respondent Atty. De Dios are clearly in violation of her solemn oath as a lawyer that this court will not tolerate.

In Sevillano Batac, Jr., et al. vs. Atty. P. Cruz, Jr., the Supreme Court in ordering the suspension of respondent, quoted Sec. 27 of Rule 138 of the Revised Rules of Court, thus:

Section 27. Disbarment or suspension of attorneys by supreme court; grounds therefor: A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or, other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do.

The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. A lawyer, under his oath, pledges himself not to delay any man for money or malice and is bound to conduct himself with all good fidelity to his client. Such was the pronouncement of the Supreme Court in ordering the disbarment of lawyer who converted the money of his client to his own personal use without her consent. The lawyer's oath exhorts law practitioners not to wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same. In Young vs. Batuegas, where respondent was suspended for six months for knowingly alleging an untrue statement of fact in his pleading, the Supreme Court said, thus:

A lawyer must be a disciple of truth. He swore upon his admission to the bar that he will 'do no falsehood nor consent to the doing of any in court' and he shall conduct himself as a lawyer according to the best of his knowledge and discretion with all good fidelity as well to the courts as to his clients. He should bear in mind that as an officer of the court his high vocation is to correctly inform the court upon the law and the facts of the case and to aid it in doing justice and arriving at a correct conclusion.

The courts, on the other hand, are entitled to expect only complete honesty from lawyers appearing and pleading before them. While a lawyer has the solemn duty to defend his client's rights and is expected to display the utmost zeal in defense of his client's cause, his conduct must never be at the expense of truth.

That a lawyer's oath are not mere facile words, drift and hollow, was applied by the Supreme Court in Vda. De Rosales vs. Ramos, where a notary public commission was revoked and respondent disqualified from being a notary public, in this manner: “where the notary public is a lawyer, a graver responsibility is placed upon him by reason of his solemn oath to obey the laws and to do no falsehood or consent to the doing of any.”

Indeed when an office entrusted with great responsibility and trust by society is violated and abused, one finds truth in the expression corruptio optimi pessima (the corruption of the best is the worst). The words of former Presiding Justice of the Court of Appeals Pompeyo Dias cannot find a more relevant application:

There are men in any society who are so self-serving that they try to make law serve their selfish ends. In this group of men, the most dangerous is the man of the law who has no conscience. He has, in the arsenal of his knowledge, the very tools by which he can poison and disrupt society and bring it to an ignoble end.

A Return to Basic Ideals

With the glaring reality of legal practice evidenced by the increasing numbers of administrative cases filed against lawyers in the Courts, it is no surprise therefore that legal ethics has been prescribed as a subject under the Mandatory Continuing Legal Education (MCLE). Moreover, of the 36 units prescribed under the MCLE, six units pertain to legal ethics. There is clearly a perceived need to instill legal ethics in the practice of the legal profession. The pressing need for legal ethics was highlighted by the Supreme Court in Endaya vs. Oca:

For practical purposes, the lawyers not only represent the law; they are the law. With their ubiquitous presence in the social milieu, lawyers have to be responsible. The problems they create in lawyering become public difficulties. To keep lawyers responsible underlies the worth of the ethics of lawyering. Indeed, legal ethics is simply the aesthetic term for professional responsibility.

Undoubtedly, faithful compliance and observance of the canons of the Code of Professional Responsibility is the main object of the MCLE. And to ensure success thereof, the Supreme Court, in its various pronouncements in administrative cases filed against lawyers, has emphasized the lawyer's basic duties and responsibilities. In a more recent ruling, the Supreme Court recapitulated the significance and importance of the oath in this wise: “This oath to which all lawyers have subscribed in solemn agreement to dedicate themselves to the pursuit of justice 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 lawyers must uphold and keep inviolable at all times. By swearing the lawyer's oath, they become guardians of truth and the rule of law, as well as instruments in the fair and impartial dispensation of justice.”

Indeed, if the legal profession is to achieve its basic ideal to render public service and serve the ends of justice, there is a need to unceasingly and constantly inculcate professional standards among lawyers. As the Supreme Court in Cordon vs. Balicanta (supra), said: “If the practice of law is to remain an honorable profession and attain its basic ideal, those enrolled in its ranks should not only master its tenets and principles, but should also in their lives accord continuing fidelity to them.”

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  This web page contains the full text of Rule 139-B - Rules of Court Disbarment and Discipline of Attorneys


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DISBARMENT & DISCIPLINE OF ATTORNEYS

Rule 139-B

    Section 1. How instituted. - Proceedings for disbarment, suspension or discipline of attorneys may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of any person. The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said facts.chanrobles virtua law library

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The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by a Chapter Board of Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys including those in the government service; Provided, however, that all charges against Justices of the Court of Tax Appeals and the Sandiganbayan, and Judges of the Court of Tax Appeals and lower courts, even if lawyers are jointly charged with them, shall be filed with the Supreme Court; Provided, further, that charges filed against Justices and Judges before the IBP, including those filed prior to their appointment in the Judiciary, shall immediately be forwarded to the Supreme Court for disposition and adjudication. chanrobles virtua law library

 Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its chapters who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator. (As amended by Bar Matter No. 1960). 

  A. PROCEEDINGS IN THE INTEGRATED BAR OF THE PHILIPPINES
Sec. 2. National Grievance Investigator. - The Board of Governors shall appoint from among IBP members an Investigator or, when special circumstances so warrant, a panel of three(3) investigators to investigate the complaint All Investigators shall take an oath of office in the form prescribed by the Board of Governors. A copy of the Investigator's appointment and oath shall be transmitted to the Supreme Court.

An Investigator may be disqualified by reason of relationship within the fourth degree of consanguinity or affinity to any of the parties or their counsel, pecuniary interest, personal bias, or his having acted as counsel for either party, unless the parties sign and enter upon the record their written consent to his acting as such Investigator. Where the Investigator does not disqualify himself, a party may appeal to the IBP Board of Governors, which by majority vote of the members present, there being a quorum, may order his disqualification.

Any Investigator may also be removed for cause, after due hearing, by the vote of at least six (6) members of the IBP Board Governors. The decision of the Board of Governors in all cases of disqualification or removal shall be final.

Sec. 3. Duties of the National Grievance Investigator. - The National Grievance Investigators shall investigate all complaint against members of the Integrated Bar referred to them by the IBP Board of Governors.

Sec. 4. Chapter assistance to complainant. - The proper IBP Chapter may assist the complainant(s) in the preparation and filing of his complaint(s). chanrobles virtua law library

Sec. 5. Service or dismissal. - If the complaint appears to be meritorious, the Investigator shall direct that a copy thereof be served upon the respondent, requiring him to answer the same within fifteen (15) days from the date of service. If the complaint does not merit action, or if the answer shows to the satisfaction of the Investigator that the complaint is not meritorious, the same may be dismissed by the Board of Governors upon his recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the Supreme Court which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of the dismissal of the complainant.

No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.

Sec. 6. Verification and service of answer. - The answer shall be verified. The original and five (5) legible copies of the answer shall be filed with the Investigator, with proof of service of a copy thereof on the complainant or his counsel.

Sec. 7. Administrative counsel. - The IBP Board of Governors shall appoint a suitable member of the Integrated Bar as counsel to assist the complainant or the respondent during the investigation in case of need for such assistance.

Sec. 8. Investigation. - Upon joinder of issues or upon failure of the respondent to answer, the Investigator shall, with deliberate speed, proceed with the investigation of the case. He shall have the power to issue subpoenas and administer oaths. The respondent shall be given full opportunity to defend himself, to present witnesses on his behalf and be heard by himself and counsel. However, if upon reasonable notice, the respondent fails to appear, the investigation shall proceed ex parte.

The Investigator shall terminate the investigation within three (3) months from the date of its commencement unless extended for good cause by the Board of Governors upon prior application.

Willfull failure or refusal to obey a subpoena or any other lawful order issued by the Investigator shall be dealt with as for indirect contempt of court.  The corresponding charge shall be filed by the Investigator before the IBP Board of Governors which shall require the alleged contemnor to show cause within ten (10) days from notice. The IBP Board of Governors may thereafter conduct hearings, if necessary, in accordance with the procedure set forth in this Rule for hearings before the Investigator. Such hearing shall, as far as practicable, be terminated within fifteen (15) days from its commencement. Thereafter, the IBP Board of Governors shall within like period fifteen (15) days issue a resolution setting forth its findings and recommendations, which `shall forthwith be transmitted to the Supreme Court for final action and if warranted, the imposition of penalty.

Sec. 9. Depositions. - Depositions may be taken in accordance with the Rules of Court with leave of the investigator(s). chanrobles virtua law library

Within the Philippines, depositions may be taken before  any member of the Board of Governors, the President of any Chapter, or any officer authorized by law to administer oaths.

Depositions may be taken outside the Philippines before a diplomatic or consular representative of the Philippine Government or before any person agreed upon by the parties or designated by the Board of Governors.

Any suitable members of the Integrated Bar in the place where a deposition shall be taken may be designated by the Investigator to assist the complainant or the respondent in taking a deposition.

Sec. 10. Report of Investigator. - Not later than thirty (30) days from the termination of the investigation, the Investigator shall submit a report containing his findings of fact and recommendations to the IBP Board of Governors, together with the stenographic notes and the transcripts thereof and all the evidence presented during the investigation.  The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigator's personal notes any relevant and pertinent testimonies.

Sec. 11. Defects. - No defect in a complaint, notice, answer, or in the proceeding or the Investigator's Report shall be considered as substantial unless the Board of Governors, upon considering the whole record, finds that such defect has resulted or may result in a miscarriage of justice, in which event the Board shall take such remedial action as the circumstance may warrant, including invalidation of the entire proceedings.chanrobles virtua law library

Sec. 12. View and decision by the Board of Governors. -

(a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator's Report   (b) If the Board, by the vote of a majority of its total membership, determines that the respondent should be suspended from the practice of law or disbarred, it shall issue a resolution setting forth its findings and recommendations which, together with the whole record of the case, shall forthwith be transmitted to the Supreme Court for final action.   (c) If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment (such as admonition, reprimand, or fine) it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise.   (d) Notice of the resolution or decision of the Board shall be given to all parties through their counsel. A copy of the same shall be transmitted to the Supreme Court.

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B. PROCEEDINGS IN THE SUPREME COURT
Sec. 13. Supreme Court Investigators. - In proceedings initiated motu proprio by the Supreme Court in other proceedings when the interest of justice so requires, the Supreme Court may refer the case for investigation to the Solicitor General or to any officer of the Supreme Court or judge of a lower court, in which case, the investigation shall proceed in the same manner provided in Sections 6 to 11 hereof, save that the review report of the investigation shall be conducted directly by the Supreme Court.

Sec. 14. Report of the Solicitor General or other Court designated investigator. - Based upon the evidence adduced at the investigation, the Solicitor General or other Investigator designated by the Supreme Court shall submit to the Supreme Court a resolution containing his findings of fact and recommendations together the record and all the evidence presented in the investigation for the final action of the Supreme Court.

  C. COMMON PROVISIONS
Sec. 15. Suspension of attorneys by Supreme Court. - After receipt of respondent's answer or lapse of the period therefor, the Supreme Court, motu proprio, or at the instance of the IBP Board of Governors upon the recommendation of the Investigator, may suspend an attorney from the practice of his profession for any of the causes specified in Rule 138, Section 27, during the pendency of the investigation until such suspension is lifted by the Supreme Court.chanrobles virtua law library

Sec. 16. Suspension of attorney by the Court of Appeals or Regional Trial Court. - The Court of Appeals or Regional Trial Court may suspend an attorney from practice for any of the causes named in Rule 138, Section 27, until further action of the Supreme Court in the case.

Sec. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme Court. - Upon such suspension, the Court of Appeals or a Regional Trial Court shall forthwith transmit to the Supreme Court a certified copy of the order of suspension and a full statement of the facts upon which the same was based. Upon receipt of such certified copy and statement, the Supreme Court shall make a full investigation of the case and may revoke, shorten or extend the suspension, or disbar the attorney as the facts may warrant.

Sec. 18. Confidentiality. - Proceedings against attorneys shall be private and confidential. However, the final order of the Supreme Court shall be published like its decisions in other cases.

Sec. 19. Expenses. - All reasonable and necessary expenses incurred in relation to disciplinary and disbarment proceedings are lawful charges forthwith the parties may be taxed as costs. chanrobles virtua law library

Sec. 20. Effectivity and Transitory Provision. - This Rule shall take effect on June 1, 1988 and shall supersede the present Rule 139 entitled "DISBARMENT OR SUSPENSION OF ATTORNEYS".  All cases pending investigation by the Office of the Solicitor General shall be transferred to the Integrated Bar of the Philippines Board of Governors for investigation and disposition as provided in this Rule except those cases where the investigation has been substantially completed. (Bar Matter No. 356, Resolution dated April 13, 1988).

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WILLFUL IGNORANCE

Dear Sen. Chiz,

Greetings to you sir....

Below is a video I made showing how the Clerk of Court of the First Division Supreme Court of the Philippines burdened upon her own self the weight which should be borne by the three honorable judges of the First Division of the Supreme Court. I do not know how these honorable magistrates would react if they would know that the lady clerk of court usurped the authority solely vested in them by law. Only the judges can determine and evaluate with presumed competence and meticulous diligence




the merits of my petition. I have allegations of gross error in law supported by facts and hard evidence, like the non payment of separation pay and deception machinations of Shell to make it appear that giving me my retirement pay plus commutation payment of unused vacation leaves ,that already constitute the separation pay provided for by law. But I have reiterated that separation pay and termination pay are two distinct obligations of Shell to me. I am being an employee who is retiring is entitled to my retirement pay and I, an employee being removed from employment is entitled to separation pay.
I have allegations of violation of the security of tenure provision in our CBA, to wit: "Tasrea acknowledges the right of the company to contract out work . However, no employee shall suffer loss of employment on account of contracted work." When I was terminated, there are a lot of our jobs that are being contracted out and in fact Shell even hired additional personnel to run the Bitumen Import Facility. This I believe gross violation of our CBA and being so, it is illegal for Shell to terminate my employment.
Likewise, I have allegations of human rights violation. First, right to due process . It can be remembered that I file a petition for maximum salary rate adjustment to the Process Manager and he promised to tackle the matter in the LMC meeting, which they never did, inspite of my persistent follow-ups. Shell deliberately denied my right to due process.
Second, is the fact that Shell imposed upon my person the worst humiliation in my life when Shell through his puppet supervisors rank me the poorest work performer which I have shown to be fraudulently false on account of the performance bonus that Shell gave me despite the fact that there quite number of employees who did not given the same. The act of Shell of doing ranking and rating me fraudulently, annihilated me as a person, ruined my dignity and reputation.
I have shown proof of the labor arbiter wrongdoings. I said, in her effort to remove from her jurisdiction my petition for salary rate adjustment, she wrote my petition was already at the LMC acting as Grievance Committe and this was written in the April 05, 2002 LMC minutes and therefore I should have follow it up in the Grievance Committee and not to her. This is a blatant lie with malice intent because I wrote the petition July 15, 2002 and the Process Manager received it on July 16, 2002. How can my petition be discussed on April 05, 2002 LMC meeting when I just made it on July 15, 2002? The arbiter is caught red handed, she should at least be reprimanded if not disbarred. But what did the NLRC and the Court of Appeals do? Both august bodies swallowed the labor arbiter's malicious fraud; hook, sinker and line.
In addition to the labor arbiter's malfeasance, she with malicious intent to portray that if I RETIRE normally I will be indebted heavily to the Company citing figures from the column pertaining to RESIGNATION . She should have written that if I RESIGN I will be indebted to the Company. But the fact is , I am not RESIGNING but RETIRING in the option of the company and therefore I shall be receiving the same amount already given to me.
And there are still voluminous of other pertinent informations for evaluation and consideration that lie beyond and over the capacity of the lady clerk of court that she might not know or, maybe it is her own willful ignorance.
Sincerely,
Antonio L. Buensuceso

UNIQUE PICTURE CLAIMED TO BE FROM NASA

This is a picture NASA took with the Hubble telescope..
Called 'The Eye of God.'

Original message from:

Ronald C. Arago
Instrument Supervisor
Kellogg Brown & Root Intl. ( KBR )
Asset Delivery Team – ADT FGP C4
QSGTL – Qatar Shell Gas-To-Liquid Project
Email: r.arago@chcfgp.com
Ronald.Arago@kbr.com
Mobile: +974 66740836

The TRUTH will set you FREE.

COURTESY OF A SHELL REFINERY TABANGAO EMPLOYEE AND FRIENDS.

PICTURE COLLECTIONS

GOOD and BAD ABOUT ONIONS

In 1919 when the flu killed 40 million people, there was a Doctor who visited many farmers to see if he could help them combat the flu. Many of the farmers and their family had contracted it, and many died.

The doctor came upon one farmer, and to his surprise, everyone in the household was very healthy. When the doctor asked what the farmer was doing that was different, the wife replied that she had placed an unpeeled onion in a dish in the rooms of the home (probably only two rooms back then). The doctor couldn't believe it and asked if he could have one of the onions and place it under the microscope. She gave him one, and when he did this, he did find the flu virus in the onion. It obviously absorbed the bacteria, therefore, keeping the family healthy.

Now, I heard this story from my hairdresser in AZ She said that several years ago many of her employees were coming down with the flu and so were many of her customers. The next year she placed several bowls with onions around in her shop. To her surprise, none of her staff got sick. It must work... (And no, she is not in the onion business.)

The moral of the story is, buy some onions and place them in bowls around your home. If you work at a desk, place one or two in your office or under your desk or even on top somewhere. Try it and see what happens. We did it last year, and we never got the flu.

If this helps you and your loved ones from getting sick, all the better. If you do get the flu, it just might be a mild case...Whatever, what have you to lose? Just a few bucks on onions!!!

Now there is a P.S. to this, for I sent it to a friend in Oregon who regularly contributes material to me on health issues. She replied with this most interesting experience about onions: Thanks for the reminder. I don't know about the farmer's story...but I do know that I contracted pneumonia, and needless to say I was very ill. I came across an article that said to cut both ends off an onion. Put one end on a fork, and then place the forked end into an empty jar...placing the jar next to the sick patient at night. It said the onion would be black in the morning from the germs. Sure enough, it happened just like that...the onion was a mess, and I began to feel better.

Another thing I read in the article was that onions and garlic placed around the room saved many from the black plague years ago. They have powerful antibacterial, antiseptic properties.

This is the other note: LEFTOVER ONIONS ARE POISONOUS! I have used an onion which has been left in the fridge. Sometimes I don't use a whole one at one time, so I save the other half for later. Now with this info, I have changed my mind. I will buy smaller onions in the future.

I had the wonderful privilege of touring Mullins Food Products, makers of mayonnaise. Mullins is huge, and is owned by 11 brothers and sisters in the Mullins family. My friend, Jeanne, is the CEO. Questions about food poisoning came up, and I wanted to share what I learned from a chemist. The guy who gave us our tour is named Ed. He's one of the brothers. Ed is a chemistry expert and is involved in developing most of the sauce formula. He's even developed sauce formula for McDonald's. Keep in mind that Ed is a food chemistry whiz.

During the tour, someone asked if we really needed to worry about mayonnaise. People are always worried that mayonnaise will spoil. Ed's answer will surprise you. Ed said that all commercially-made mayo is completely safe. "It doesn't even have to be refrigerated. No harm in refrigerating it, but it's not really necessary." He explained that the pH in mayonnaise is set at a point that bacteria could not survive in that environment. He then talked about the quintessential picnic, with the bowl of potato salad sitting on the table and how everyone blames the mayonnaise when someone gets sick.

Ed says that when food poisoning is reported, the first thing the officials look for is when the 'victim' last ate ONIONS and where those onions came from (in the potato salad?). Ed says it's not the mayonnaise (as long as it's not homemade mayo) that spoils in the outdoors. It's probably the onions, and if not the onions, it's the POTATOES.

He explained, onions are a huge magnet for bacteria, especially uncooked onions. You should never plan to keep a portion of a sliced onion.
He says it's not even safe if you put it in a zip-lock bag and put it in your refrigerator.

It's already contaminated enough just by being cut open and out for a bit, that it can be a danger to you (and doubly watch out for those onions you put on your hotdogs at the baseball park!)

Ed says if you take the leftover onion and cook it like crazy you'll probably be okay, but if you slice that leftover onion and put it on your sandwich, you're asking for trouble. Both the onions and the moist potato in a potato salad will attract and grow bacteria faster than any commercial mayonnaise will even begin to break down.

So, how's that for news? Take it for what you will. I (the author) am going to be very careful about my onions from now on. For some reason, I see a lot of credibility coming from a chemist and a company that produces millions of pounds of mayonnaise every year.

Also, dogs should never eat onions.. Their stomachs cannot metabolize onions.

Please remember it is dangerous to cut onions and try to use it to cook the next day. It becomes highly poisonous for even a single night and creates toxic bacteria which may cause adverse stomach infections because of excess bile secretions and even food poisoning.

Please pass this on to all you care about.

Courtesy of the Claytons and friends from Florida
--

LESSONS ON HOW WE TREAT PEOPLE

Five (5) lessons about
the way we treat people
1 - First Important Lesson - Cleaning Lady.

During my second month of college, our professor

Gave us a pop quiz. I was a conscientious student
And had breezed through the questions until I read

The last one:

"What is the first name of the woman who cleans the school?"
Surely this was some kind of joke. I had seen the
Cleaning woman several times. She was tall
Dark-haired and in her 50's, but how would I know her name?
I handed in my paper, leaving the last question
Blank. Just before class ended, one student asked if
The last question would count toward our quiz grade.
"Absolutely, " said the professor.. "In your careers,
You will meet many people. All are significant.. They
Deserve your attention and care, even if all you do
Is smile and say "hello.."
I've never forgotten that lesson.. I also learned her
Name was Dorothy.

2. - Second Important Lesson - Pickup in the Rain

One night, at 11:30 p.m., an older African American

Woman was standing on the side of an Alabama highway

Trying to endure a lashing rain storm. Her car had

Broken down and she desperately needed a ride.

Soaking wet, she decided to flag down the next car.

A young white man stopped to help her, generally

Unheard of in those conflict-filled 1960's. The man

Took her to safety, helped her get assistance and

Put her into a taxicab.

She seemed to be in a big hurry,

but wrote down his

Address and thanked him. Seven

days went by and a

Knock came on the man's door.

To his surprise, a

Giant console color TV was delivered

to his home. A

Special note was attached.

It read:

"Thank you so much for assisting me on

the highway.

The other night. The rain drenched

not only my

Clothes, but also my spirits. Then you

came along.

Because of you, I was able to make it

to my dying

Husband's' bedside just before he

passed away...

God

Bless you for helping me and

unselfishly serving

Others."

Sincerely,

Mrs. Nat King Cole.

3 - Third Important Lesson - Always remember those
Who serve.
In the days when an ice cream sundae cost much less,
A 10-year-old boy entered a hotel coffee shop and
Sat at a table. A waitress put a glass of water in
Front of him.
"How much is an ice cream sundae?" he asked.
"Fifty cents," replied the waitress.
The little boy pulled his hand out of his pocket and
Studied the coins in it.
"Well, how much is a plain dish of ice cream?" he inquired.
By now more people were waiting for a table and the
Waitress was growing impatient..
"Thirty-five cents," she brusquely replied.
The little boy again counted his coins.
"I'll have the plain ice cream," he said.
The waitress brought the ice cream, put the bill on
The table and walked away The boy finished the ice
Cream, paid the cashier and left.. When the waitress
Came back, she began to cry as she wiped down the
Table. There, placed neatly beside the empty dish,
Were two nickels and five pennies..
You see, he couldnt' have the sundae, because he had
To have enough left to leave her a tip.

4 - Fourth Important Lesson. - The obstacle in Our Path.

In ancient times, a King had a boulder placed on a

Roadway. Then he hid himself and watched to see if

Anyone would remove the huge rock. Some of the

King's' wealthiest merchants and courtiers came by

And simply walked around it.. Many loudly blamed the

King for not keeping the roads clear, but none did

Anything about getting the stone out of the way.

Then a peasant came along carrying a load of

Vegetables. Upon approaching the boulder, the

peasant laid down his burden and tried to move the

stone to the side of the road. After much pushing

and straining, he finally succeeded. After the

peasant picked up his load of vegetables, he noticed

a purse lying in the road where the boulder had

been. The purse contained many gold coins and a note

from the King indicating that the gold was for the

person who removed the boulder from the roadway. The

peasant learned what many of us never understand!

Every obstacle presents an opportunity to improve

our condition.

5 - Fifth Important Lesson - Giving When it Counts...

Many years ago, when I worked as a volunteer at a

hospital, I got to know a little girl named Liz who

was suffering from a rare & serious disease. Her only

chance of recovery appeared to be a blood

transfusion from her 5-year old brother, who had

miraculously survived the same disease and had

developed the antibodies needed to combat the

illness. The doctor explained the situation to her

little brother, and asked the little boy if he would

be willing to give his blood to his sister.

I saw him hesitate for only a moment before taking a

deep breath and saying, "Yes I'll do it if it will save

her." As the transfusion progressed, he lay in bed

next to his sister and smiled, as we all did, seeing

the color returning to her cheek. Then his face

grew pale and his smile faded.



He looked up at the doctor and asked with a

trembling voice, "Will I start to die right away".

Being young, the little boy had misunderstood the

doctor; he thought he was going to have to give his

sister all of his blood in order to save her.

THE SPARROW at STARBUCKS

The SPARROW at STARBUCKS
The song that silenced the cappuccino machine
It was chilly in Manhattan but warm inside the Starbucks shop on 51st Street and Broadway, just a skip up from Times Square . Early November weather in New York City holds only the slightest hint of the bitter chill of late December and January, but it's enough to send the masses crowding indoors to vie for available space and warmth.
For a musician, it's the most lucrative Starbucks location in the world, I'm told, and consequently, the tips can be substantial if you play your tunes right. Apparently, we were striking all the right chords that night, because our basket was almost overflowing. It was a fun, low-pressure gig - I was playing keyboard and singing backup for my friend who also added rhythm with an arsenal of percussion instruments. We mostly did pop songs from the '40s to the '90s with a few original tunes thrown in. During our emotional rendition of the classic, "If You Don't Know Me by Now," I noticed a lady sitting in one of the lounge chairs across from me. She was swaying to the beat and singing along.
After the tune was over, she approached me. "I apologize for singing along on that song. Did it bother you?" she asked. "No," I replied. "We love it when the audience joins in. Would you like to sing up front on the next selection?"
To my delight, she accepted my invitation.. "You choose," I said. "What are you in the mood to sing?"
"Well. ... do you know any hymns?"
Hymns? This woman didn't know who she was dealing with. I cut my teeth on hymns. Before I was even born, I was going to church. I gave our guest singer a knowing look. "Name one."
"Oh, I don't know. There are so many good ones. You pick one."
"Okay," I replied. "How about 'His Eye is on the Sparrow'?"
My new friend was silent, her eyes averted. Then she fixed her eyes on mine again and said, "Yeah. Let's do that one." She slowly nodded her head, put down her purse, straightened her jacket and faced the center of the shop. With my two-bar setup, she began to sing.
Why should I be discouraged? Why should the shadows come?
The audience of coffee drinkers was transfixed. Even the gurgling noises of the cappuccino machine ceased as the employees stopped what they were doing to listen. The song rose to its conclusion.
I sing because I'm happy; I sing because I'm free. For His eye is on the sparrow And I know He watches me.
When the last note was sung, the applause crescendoed to a deafening roar that would have rivaled a sold-out crowd at Carnegie Hall. Embarrassed, the woman tried to shout over the din, "Oh, y'all go back to your coffee! I didn't come in here to do a concert! I just came in here to get somethin' to drink, just like you!" But the ovation continued..
I embraced my new friend. "You, my dear, have made my whole year! That was beautiful!"
"Well, it's funny that you picked that particular hymn," she said.
"Why is that?"
"Well . .." she hesitated again, "that was my daughter's favorite song."
"Really!" I exclaimed.
"Yes," she said, and then grabbed my hands. By this time, the applause had subsided and it was business as usual.. "She was 16. She died of a brain tumor last week."
I said the first thing that found its way through my stunned silence. "Are you going to be okay?"
She smiled through tear-filled eyes and squeezed my hands. "I'm gonna be okay. I've just got to keep trusting the Lord and singing his songs, and everything's gonna be just fine." She picked up her bag, gave me her card, and then she was gone.
Was it just a coincidence that we happened to be singing in that particular coffee shop on that particular November night? Coincidence that this wonderful lady just happened to walk into that particular shop? Coincidence that of all the hymns to choose from, I just happened to pick the very hymn that was the favorite of her daughter, who had died just the week before? I refuse to believe it.

God has been arranging encounters in human history since the beginning of time, and it's no stretch for me to imagine that God could reach into a coffee shop in midtown Manhattan and turn an ordinary gig into a revival. It was a great reminder that if we keep trusting God and singing the songs, everything's gonna be okay.
The next time you feel like GOD can't use YOU, just remember...
Noah was a drunk
Abraham was too old
Isaac was a daydreamer
Jacob was a liar
Leah was ugly
Joseph was abused
Moses had a stuttering problem
Gideon was afraid
Sampson had long hair and was a womanizer
Rahab was a prostitute
Jeremiah and Timothy were too young
David had an affair and was a murderer
Elijah was suicidal
Isaiah preached naked
Jonah ran from God
Naomi was a widow
Job went bankrupt
John the Baptist ate bugs
Peter denied Christ
The Disciples fell asleep while praying
Martha worried about everything
The Samaritan woman was divorced, more than once
Zaccheus was too small
Paul was too religious
Timothy had an ulcer...
AND Lazarus was dead!
No more excuses now!! God can use you to your full potential. Besides you aren't the message, you are just the messenger.
God bless you by passing this on to someone else, if you'd like.

Courtesy of the Clayton's from Florida.

NASA and the BIBLE

Thought this was pretty amazing and interesting!

For all the scientists out there, and for all the students who have a hard time convincing these people regarding the truth of the Bible, here's something that shows God's awesome creation, and that He is still in control.

Did you know that the space program is busy proving that what has been called 'myth' in the Bible is true?

Mr. Harold Hill, President of the Curtis Engine Company in Baltimore, Maryland, and a consultant in the space program, relates the following development.
'I think one of the most amazing things that God has done for us today happened recently to our astronauts and space scientists at Green Belt, Maryland ...

They were checking out where the positions of the sun, moon, and planets would be 100 years and 1,000 years from now. We have to know this so we won't send up a satellite and have it bump into something later on in its orbits.

We have to lay out the orbits in terms of the life of the satellite and where the planets will be so the whole thing will not bog down.

They ran the computer measurement back and forth over the centuries, and it came to a halt. The computer stopped and put up a red signal, which meant that there was something wrong with either the information fed into it or with the results as compared to the standards.


They called in the service department to check it out, and they said, 'What's wrong?' Well, they found there is a day missing in space in elapsed time.

They scratched their heads and tore their hair out. There was no answer.

Finally a Christian man on the team said, 'You know, one time I was in Sunday School, and they talked about the sun standing still.' While they didn't believe him, they didn't have an answer either, so they said, 'Show us, '

He got a Bible and went to the book of Joshua where they found a pretty ridiculous statement for any one with 'common sense.'

There they found the Lord saying to Joshua,


'Fear them not, I have delivered them into thy hand; there shall not a man of them stand before Thee.'

Joshua was concerned because he was surrounded by the enemy! And if darkness fell, they would overpower them. So Joshua asked the Lord to make the sun stand still! That's right.... 'The sun stood still and the moon stayed and lasted not to go down about a whole day!'
(Joshua 10:12-13)

The astronauts and scientists said, there is the missing day! They checked the computers going back into the time it was written and found it was close but not close enough. The elapsed time that was missing back in Joshua's day was
23 hours and 20 minutes.. Not a whole day.


They read the Bible, and there it was about [approximately] a day. These little words in the Bible are important, but they were still in trouble because if you cannot account for 40 minutes, you'll still be in trouble 1000 years from now.

Forty minutes had to be found because it can be multiplied many times over in orbits. As the Christian employee thought about it, he remembered somewhere in the Bible where it said the sun went BACKWARDS.

The scientists told him he was out of his mind, but they got out the Book and read these words in 2 Kings that told of the following story: Hezekiah, on his death bed, was visited by the prophet Isaiah who told him that he was not going to die. Hezekiah asked for a sign as proof. Isaiah said 'Do you want the sun to go ahead 10 degrees?'

Hezekiah said, 'It is nothing for the sun to go ahead 10 degrees, but let the shadow return backward 10 degrees.' Isaiah spoke to the Lord, and the Lord brought the shadow ten degrees BACKWARD! Ten degrees is exactly 40 minutes!'

Twenty-three hours and 20 minutes in Joshua, plus 40 minutes in Second Kings make the missing day in the universe! Isn't it amazing?

References: Joshua 10:8, 12-13 and 2 Kings 20:9-11.
Courtesy of Tes and Al Clayton and friends.