On oath-taking day, new lawyers warned vs. disrespecting courts

On the day they took their oath, the country's newest lawyers were warned by two Supreme Court (SC) justices of the perils of disrespecting the courts by criticizing their decisions.

In speeches before 1,724 freshly sworn-in lawyers, Associate Justices Lucas Bersamin and Teresita de Castro expressed their sentiments for members of the Bar who resort to publicly issuing opinions adverse to the "dignity" of the judiciary.

Twelve of 14 members of the SC — the Chief Justice, who would have made the 15th, has been ousted — convened in a special en banc session Friday afternoon to swear in the successful Bar candidates.

Bersamin, who has earlier warned of direct contempt against decorum-breakers at the oath-taking, said lawyers may criticize the courts but only within the bounds of certain rules.

"Judicial guidelines of when and how to criticize the courts, particularly the Supreme Court are clear. Consult those guidelines before you lose your privilege of membership in the Bar," he said in a speech at the Philippine International Convention Center.

"Let us always detest and reprove a fellow lawyer who joins a public demand for disrespecting the courts and their rulings. Let us rethink that strategy lest you and that other lawyer become unworthy of the Lawyer’s Oath," he added.

The SC has been subjected to criticism, even by lawyers' groups, due to some of its controversial decisions, most recent of which was the ouster of Chief Justice Maria Lourdes Sereno based on an alleged integrity deficiency.

"At that hour when disrespect for the courts and their judgments becomes rampant, and when the very ramparts of our constitutional democracy are assailed, lawlessness and disorder may badly tear the moral fabric of the Nation. Then, we really need the leadership of the lawyers," Bersamin said.

"Then is the time for lawyers like you to come out openly to defend the institution of the courts and of the duly-constituted authorities, regardless of whether you agree or disagree with the rulings and outcomes of controversies," he added.

Meanwhile, De Castro said it was a duty for lawyers to protect the dignity of judicial institutions and help maintain respect for judicial processes, explaining that "courts of law or not courts of public opinion."

"The duty to give due respect to the courts does not end when the case is decided. Lawyers should be gracious in victory and dignified in defeat," she said.

"If you believe legal pundits on television and other media of today, you’d think no one loses a case in court on merits anymore but that the opposing counsel is a scoundrel, or the judge or justice are corrupt or biased or just plain stupid," she added.

"It is unsettling that there are members of the legal profession who form passionate opinions by relying on news reports, media interviews, infographics and the social posts of others."

On respect

De Castro's speech contained references to situations where lawyers resort to "attacks" against their own colleagues.

"How will you obtain your colleagues’ respect, if you resort to personal attacks and even questioning their good and honorable intentions?" she said.

"There is always a way to win your cases with honor, there is always a way to issue a strong and powerful opinion without disregarding the rules of civility and simple decency. If you cannot find a proper way to present your arguments, if you must resort to incendiary rhetoric that adds no value to the legal discourse, then you are guilty of intellectual laziness that I warned you of."

De Castro and Bersamin were two of the six justices Sereno had wanted to inhibit from deciding the ouster case against her due to allegations of bias. 

De Castro and Sereno also figured in heated exchanges during the oral arguments on the case against the erstwhile chief magistrate last April, on the question of the latter's questioned filing of asset declarations.

"If you want respect, you must be the first one to give it," De Castro had said.

For his part, Associate Justice Francis Jardeleza had two tips for the new members of the Bar: humility and empathy.

Little over 25 percent, or 1,724 of 6,748 Bar examination takers passed the grueling four-Sunday licensure test. —KBK, GMA News