ADMISSION TO THE BAR: Whether or not Petitioner should be allowed to be admitted to the bar and take the lawyer’s oath
FACTS:
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a) Petitioner’s Arguments (Argosino !ost)
- Filed a petition to allow him to be admitted to the bar and take the lawyer’s oath for such was suspended due to his probation as a result of the death of Raul Camaligan in a fraternity hazing which petitioner participated
") Res#on$ent’s Argument’s (SC % &in)
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ISS'E:
- Whether or not Petitioner should be allowed to be admitted to the bar and take the lawyer’s oath
R'!IN: Con*usion:
- Petitioner is not yet allowed. e is re!uired to submit rele"ant e"idence to show that he is a different person now# that he has become morally fit for admission to the ancient and learned profession of the law. Ru*e$
% %he practice of law is not a natural# absolute or constitutional right to be granted to e"eryone who demands it. Rather# it is a high personal pri"ilege limited to citizens of good moral character # with special educational !ualifications# duly ascertained and certified
-&t has also been stressed that the re!uirement of good moral character is# in fact# of greater importance so far as the general public and the proper administration of 'ustice are concerned# than the possession of legal learning -%he re!uirement of good moral character to be satisfied by those who would seek admission to the bar must of necessity be more stringent than the norm of conduct e(pected from members of the general public. %here is a "ery real need to pre"ent a general perception that entry into the legal profession is open to indi"iduals with inade!uate moral !ualifications. %he growth of such a perception would signal the progressi"e destruction of our people)s confidence in their courts of law and in our legal system as we know it A##*iation:
- &n this case# *r. +rgosino)s participation in the deplorable ,hazing, acti"ities certainly fell far short of the re!uired standard of good moral character. %he deliberate rather than merely accidental or inad"ertent infliction of se"ere physical in'uries which pro(imately led to the death of the unfortunate Raul Camaligan# certainly indicated serious character flaws on the part of those who inflicted such in'uries Con*usion $
- %hus# Petitioner is not yet allowed. e is re!uired to sub mit rele"ant e"idence to show that he is a different person now# that he has become morally fit for admission to the ancient and learned profession of the law Republic of the Philippines S'PREME CO'RT *anila / 0+/C
B+M+ No+ ,-. /u*0 -12 -334 IN THE MATTER OF THE ADMISSION TO THE BAR AND OATH%TA5IN OF S'CCESSF'! BAR APP!ICANT A! C+ AROSINO2 petitioner +
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FE!ICIANO2 J.:
+ criminal information was filed on 6 February 7889 with the Regional %rial Court of :uezon City# 0ranch 7;7# charging *r. +.C. +rgosino along with thirteen 7< other indi"iduals# with the crime of homicide in connection with the death of one Raul Camaligan on = 2eptember 7887. %he death of Raul Camaligan stemmed from the infliction of se"ere physical in'uries upon him in the course of ,hazing, conducted as part of uni"ersity fraternity initiation rites. *r. +rgosino and his co-accused then entered into plea bargaining with the prosecution and as a result of such bargaining# pleaded guilty to the lesser offense of homicide through reckless imprudence. %his plea was accepted by the trial court. &n a 'udgment dated 77 February 788<# each of the fourteen 76 accused indi"iduals was sentenced to suffer imprisonment for a period ranging from two 9 years# four 6 months and one 7 day to four 6 years. 1le"en 77 days later# *r. +rgosino and his colleagues filed an application for probation with the lower court. %he application for probation was granted in an 3rder dated 7= >une 788< issued by Regional %rial Court >udge Pedro %. 2antiago. %he period of probation was set at two 9 years# counted from the probationer)s initial report to the probation officer assigned to super"ise him. 4ess than a month later# on 7< >uly 788<# *r. +rgosino filed a Petition for +dmission to %ake the 788< 0ar 1(aminations. &n this Petition# he disclosed the fact of his criminal con"iction and his then probation status. e was allowed to take the 788< 0ar 1(aminations in this Court)s En Banc Resolution dated 76 +ugust 788<. - e passed the 0ar 1(amination. e was not# howe"er# allowed to take the lawyer)s oath of office. 3n 7? +pril 7886# *r. +rgosino filed a Petition with this Court to allow him to take the attorney)s oath of office and to admit him to the practice of law# a"erring that >udge Pedro %. 2antiago had terminated his probation period by "irtue of an 3rder dated 77 +pril 7886. We note that his probation period did not last for more than ten 7; months from the time of the 3rder of >udge 2antiago granting him probation dated 7= >une 788<. 2ince then# *r. +rgosino has filed three < *otions for 1arly Resolution of his Petition for +dmission to the 0ar. %he practice of law is not a natural# absolute or constitutional right to be granted to e"eryone who demands it. Rather# it is a high personal pri"ilege limited to citizens of good moral character # with special educational !ualifications# duly ascertained and certified. . %he essentiality of good moral character in those who would be lawyers is stressed in the following e(cerpts which we !uote with appro"al and which we regard as ha"ing persuasi"e effect$ In Re Farmer $ 1 ((( ((( ((( %his ,upright character, prescribed by the statute# as a condition precedent to the applicant)s right to recei"e a license to practice law in /orth
Carolina# and of which he must# in addition to other requisites# satisfy the court# includes all the elements necessary to make up such a character. It is something more than an absence of bad character . &t is the good name which the applicant has ac!uired# or should ha"e ac!uired# through association with his fellows. &t means that he must ha"e condu cted himself as a man of upright character ordinarily would# or should# or does. Such character expresses itself, not in negatives nor in following the line of least resistance# but quite often# 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 . . . . ((( ((( ((( +nd we may pause to say that this re!uirement of the statute is eminently proper. Consider for a moment the duties of a lawer . e is sought as counsellor# and his ad"ice comes home# in its ultimate effect# to e"ery man)s fireside. !ast interests are committed to his care@ he is the recipient of unbounded trust and confidence@ he deals with is client"s propert# reputation# his life# his all . +n attorney at law is a sworn officer of the Court # whose chief concern# as such# is to aid the administration of #ustice. ... ((( ((( ((( 6 In Re $pplication of %aufman# 4 citing Re 4aw 1(amination of 789A 789A 787 Wis
privilege granted and continued onl to those who demonstrate special fitness in intellectual attainment and in moral character . +ll may aspire to it on an absolutely e!ual basis# but not all will attain it. 1laborate machinery has been set up to test applicants by standards fair to all and to separate the fit from the unfit. 3nly those who pa ss the test are allowed to enter the profession# and only those who maintain the standards are allowed to remain in it. Re Rouss$ , (embership in the bar is a privilege burdened with conditions, and a fair private and professional character is one of them) to refuse admission to an unworth applicant is not to punish him for past offense* an examination into character # like the e(amination into learning# is merel a test of fitness. Cobb vs+ udge of Superior Court $ 8 +ttorney)s are licensed because of their learning and ability# so that they may not only protect the rights and interests of their clients# but be able to assist court in the trial of the cause. et what protection to clients or assistance to courts could such agents gi"eD %hey are required to be of good moral character # so that the agents and officers of the court # which they are# ma not bring discredit upon the due administration of the law# and it is of the highest possible consequence that both those who have not such qualifications in the first instance# or who# ha"ing had them# ha"e fallen therefrom# shall not be permitted to appear in courts to aid in the administration of #ustice. &t has also been stressed that the re!uirement of good moral character is# in fact# of greater importance so far as the general public and the proper administration of 'ustice are concerned# than the possession of legal learning$ . . . &n re +pplicants for 4icense# ?? 2.1. A
benefit to his communit H a :uirk# a Iammon or a 2nap# instead of a Ja"is# a 2mith or a Ruffin. 3 +ll aspects of moral character and beha"ior may be in!uired into in respect of those seeking admission to the 0ar. %he scope of such in!uiry is# indeed# said to be properly broader than in!uiry into the moral proceedings for disbarment$ Re Stepsa$ -9 %he in!uiry as to the moral character of an attorney in a proceeding for his admission to practice is broader in scope than in a disbarment proceeding. Re -ells$ -. . . that an applicant)s contention that upon application for ad mission to the California 0ar the court cannot re'ect him for want of good moral character unless it appears that he has been guilty of acts which would be cause for his disbarment or suspension# could not be sustained@ that the inquir is broader in its scope than that in a disbarment proceeding, and the court may recei"e an evidence which tends to show the applicant"s character as respects honest, integrit, and general moralit,and ma no doubt refuse admission upon proofs that might not establish his guilt of an of the acts declared to be causes for d isbarment+ %he re!uirement of good moral character to be satisfied by those who would seek admission to the bar must of necessity be more stringent than the norm of conduct e(pected from members of the general public. %here is a "ery real need to pre"ent a general perception that entry into the legal profession is open to indi"iduals with inade!uate moral ! ualifications. %he growth of such a perception would signal the progressi"e destruction of our people)s confidence in their courts of law and in our legal system as we know it. -. *r. +rgosino)s participation in the deplorable ,hazing, acti"ities certainly fell far short of the re!uired standard of good moral character. %he deliberate rather than merely accidental or inad"ertent infliction of se"ere physical in'uries which pro(imately led to the death of the unfortunate Raul Camaligan# certainly indicated serious character flaws on the part of those who inflicted such in'uries. *r. +rgosino and his co-accused had failed to discharge their moral duty to protect the life and well-being of a ,neophyte, who had# by seeking admission to the fraternity in"ol"ed# reposed trust and confidence in all of them that# at the "ery least# he would not be beaten and kicked to death like a useless stray dog. %hus# participation in the prolonged and mindless physical beatings inflicted upon Raul Camaligan constituted e"ident re'ection of that moral duty and was totally irresponsible beha"ior# which makes impossible a finding that the participant was then possessed of good moral character. /ow that the original period of probation granted by the trial court has e(pired# the Court is prepared to consider de novo the !uestion of whether applicant +.C. +rgosino has purged himself of the ob"ious deficiency in moral character referred to abo"e. We stress that good moral
character is a re!uirement possession of which must be de monstrated not only at the time of application for permission to take the bar e(aminations but also# and more importantly# at the time of application for admission to the bar and to take the attorney)s oath of office. *r. +rgosino must# therefore# submit to this Court# for its e(amination and consideration# e"idence that he may be now regarded as complying with the re!uirement of good moral character imposed upon those seeking admission to the bar. is e"idence may consist# inter alia# of sworn certifications from responsible members of the community who ha"e a good reputation for truth and who ha"e actuall .nown *r. +rgosino for a significant period of time# particularly since the 'udgment of con"iction was rendered by >udge 2antiago. e should show to the Court how he has tried to make up for the senseless killing of a helpless student to the family of the deceased student and to the community at large. *r. +rgosino must# in other words# submit rele"ant e"idence to show that he is a different person now# that he has become morally fit for admission to the ancient and learned profession of the law. Finally# *r. +rgosino is hereby J&R1C%1J to inform this Court# by appropriate written manifestation# of the names and addresses of the father and mother in default thereof# brothers and sisters# if any# of Raul Camaligan# within ten 7; day from notice hereof. 4et a co py of this Resolution be furnished to the parents or brothers and sisters# if any# of Raul Camaligan. /arvasa, C++, 0adilla, Regalado, 1avide, r+, Romero and (elo, +, concur+ Bellosillo, + is on leave+
