Case Summary (B.M. No. 712)
Procedural Background
- February 4, 1992: Criminal information for homicide filed against Argosino and 13 co-accused.
- September 8, 1991: Death of Camaligan due to severe injuries inflicted during hazing rites.
- Plea Bargain: All accused plead guilty to homicide through reckless imprudence.
- February 11, 1993: RTC conviction and sentence of 2 years, 4 months, 1 day to 4 years’ imprisonment.
- June 18, 1993: Probation granted for two years, effective upon reporting to probation officer.
- July 13, 1993: Petition to take the 1993 Bar Examinations filed; permission granted August 14, 1993.
- April 11, 1994: Probation terminated by the RTC.
- April 15, 1994: Petition filed for admission to the bar and oath-taking.
Applicable Law
- 1987 Philippine Constitution governs admission to the practice of law.
- Practice of law is a privilege, not a right, conditioned upon citizenship, academic qualifications, and good moral character.
Good Moral Character Requirement
- Lawyers are officers of the court entrusted with client confidences, property, and lives.
- Jurisprudence mandates an “upright character” that goes beyond absence of wrongdoing (In re Farmer; In re Kaufman; In re Keenan; Re Rouss; Cobb v. Judge of Superior Court).
- Character inquiry for admission is broader than disbarment proceedings (Re Stepsay; Re Wells).
- Public confidence in the legal system depends on a stringent moral standard for bar applicants.
Court’s Analysis on Moral Character
- The intentional infliction of fatal injuries on a vulnerable fraternity newcomer demonstrates a grave breach of moral duties.
- Argosino’s conduct during hazing reveals character flaws incompatible with the responsibilities of a lawyer.
- Expiration or termination of probation does not automatically rehabilitate one’s moral standing for bar admission.
- Good moral character must be established both at the bar exam stage and at the time of oath-taking.
Directives and Requirements
- Argosino must submit evidence of moral rehabilitation, including sworn certifications from reputable community members who have
Case Syllabus (B.M. No. 712)
Case Citation
- 316 Phil. 43 En Banc
- B.M. No. 712, July 13, 1995
- Decision by Justice Feliciano, with Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero, and Melo, JJ., concurring; Bellosillo, J., on leave.
Procedural History
- February 4, 1992: Criminal information filed before RTC Quezon City, Branch 101, charging petitioner and 13 others with homicide in connection with the death of Raul Camaligan.
- February 11, 1993: Trial court accepts plea bargain; petitioner pleads guilty to homicide through reckless imprudence and is sentenced to imprisonment of 2 years, 4 months, 1 day to 4 years.
- June 18, 1993: Probation granted by RTC Judge Pedro T. Santiago for 2 years, effective from initial report to probation officer.
- July 13, 1993: Petitioner files petition to take the 1993 Bar Examinations, disclosing conviction and probation status.
- August 14, 1993: Supreme Court En Banc Resolution allows petitioner to sit for the Bar despite a clerical misstatement calling his charge “dismissed.”
- April 15, 1994: Petitioner files petition to take the lawyer’s oath and be admitted to practice, asserting termination of probation by Order dated April 11, 1994.
- Subsequent filings: Three motions for early resolution of the admission petition.
Facts of the Case
- Victim: Raul Camaligan, died September 8, 1991, from severe injuries inflicted during fraternity “hazing” rites.
- Petitioner’s involvement: Participated in the prolonged, violent beatings that proximately caused the victim’s death.
- Plea bargain: Accepted for the lesser offense of homicide through reckless imprudence.
- Probation details: Originally set for two years; in fact, lasted less than ten months from June 18, 1993, to April 11, 1994.
Legal Issue
- Whether a person convicted of causing death by hazing, who has since been placed on probation, satisfies the “good mo