Case Digest (B.M. No. 712)
Facts:
Petition of Al Argosino to Take the Lawyer's Oath, Bar Matter No. 712, March 19, 1997, the Supreme Court En Banc, Padilla, J., writing for the Court (336 Phil. 766).Petitioner Al Caparros Argosino passed the 1993 Bar examinations but the Court deferred his oath-taking because of a prior criminal conviction for Reckless Imprudence Resulting in Homicide arising from the death of a neophyte during fraternity initiation rites in September 1991. Eight accused, including petitioner, initially pleaded not guilty to homicide but later withdrew those pleas and, upon re-arraignment, pleaded guilty to reckless imprudence resulting in homicide.
On 11 February 1993 the trial court sentenced each accused to imprisonment of from two years, four months and one day to four years. The trial court later granted petitioner probation on 18 June 1993 and, following a Probation Officer's report, approved petitioner’s discharge from probation by order dated 11 April 1994. Relying on that discharge, petitioner filed with the Supreme Court on 14 April 1994 a petition to be allowed to take the lawyer's oath.
By resolution dated 13 July 1995 the Court required petitioner to submit evidence showing compliance with the good moral character requirement for admission to the bar; petitioner produced multiple certifications from senators, trial court judges, members of religious orders, and evidence that a scholarship foundation in honor of the victim, Raul Camaligan, had been established through efforts of the victim’s family and the eight accused. The Court also required comment from Atty. Gilbert Camaligan, father of the deceased; in his 4 December 1995 comment he expressed continued belief that the killing was murder rather than mere reckless imprudence, stated he had forgiven the accused but could not say whether petitioner was morally fit for admission, and submitted the matter to the Court’s discretion.
After re-evaluating the circumstances, including the gravity of the victim’s death, petitioner’s certification...(Pro-only)
Issues:
- Whether petitioner has complied with the requirement of good moral character for admission to the bar notwithstanding his conviction for reckless imprudence resulting in homicide and subsequent probation and discharge.
- Whether, in the exercise of the Court’s discretion, petitioner should be allowed to take the lawyer’s oath and be admit...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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