Case Digest (B.M. No. 810)
Facts:
In Re: Petition to Take the Lawyers Oath by Arthur M. Cuevas, Jr., Bar Matter No. 810, January 27, 1998, the Supreme Court En Banc, Francisco, J., writing for the Court, resolved whether petitioner should be allowed to take the lawyers oath after passing the 1996 Bar Examinations. Petitioner Arthur M. Cuevas, Jr. had been permitted to sit for the 1996 Bar subject to the Court’s earlier condition (August 27, 1996) that, if he passed, he would not be allowed to take the lawyers oath pending the Court’s approval because of a prior conviction for Reckless Imprudence Resulting in Homicide stemming from his participation in fraternity initiation rites in September 1991 where neophyte Raul I. Camaligan died.The conviction resulted from physical violence during initiation rites of the Lex Talionis Fraternitas at San Beda College of Law. Petitioner later applied for and was granted probation; he was discharged from probation on May 16, 1995, and the criminal case was considered closed. After petitioner passed the 1996 Bar, he filed (received May 5, 1997) a petition to be allowed to take the lawyers oath, attaching the May 16, 1995 discharge order and several character certifications from municipal officials, police, parish priests, IBP members and local youth leaders.
On July 15, 1997 the Court required comment from Atty. Gilbert D. Camaligan, father of the deceased, who filed a comment acknowledging the deliberate character of the injuries but stating that he had forgiven the accused and was not then in a position to declare whether petitioner had become morally fit, leaving the matter to the Court’s discretion. The Court considered petitioner’s prior conduct, the mitigating post-conviction evidence of rehabilitation (probation discharge and local certifications), and precedent (notably the Court’s handling of the co-accused Al Argosino, Bar Matter No. 712). The Court balanced the need to exclude those lacking moral fitness with giving a rehabilitated candidate a chance, and resolved to permit petitioner to take the lawyers oath and sign the Roll of Attorneys,...(Pro-only)
Issues:
- May the Court permit a Bar passer who has a prior conviction for Reckless Imprudence Resulting in Homicide to take the lawyers oath despite an earlier Court condition withholding oath-taking?
- Do petitioner’s discharge from probation and the submitted character certifications sufficiently establish rehabilitation and moral fitness to ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)