Re: People vs Al Argosino

Factual Background

In September 1991 a neophyte, Raul Camaligan, died during fraternity initiation rites following severe beatings. Al Caparros Argosino and seven co-accused were initially charged with homicide and pleaded not guilty. The eight accused subsequently withdrew their not guilty pleas and, upon re-arraignment, pleaded guilty to reckless imprudence resulting in homicide. On the basis of those pleas, the trial court rendered judgment dated 11 February 1993, imposing on each accused imprisonment from two years, four months, and one day to four years. Thereafter the trial court granted probation to Al Caparros Argosino on 18 June 1993 and, on 11 April 1994, approved a Probation Officer's report dated 6 April 1994 recommending his discharge from probation.

Petition to Take the Lawyer’s Oath and Initial Court Inquiry

Following the trial court's approval of his discharge from probation, Al Caparros Argosino filed on 14 April 1994 a petition with the Court to be allowed to take the lawyer's oath. On 13 July 1995 the Court, through Senior Associate Justice Florentino P. Feliciano, issued a resolution requiring petitioner to submit evidence that he now complied with the moral character requirement for admission to the bar.

Evidence Submitted by Petitioner

In compliance with the Court's resolution, Al Caparros Argosino submitted numerous certifications and letters, not fewer than fifteen, which included endorsements from two senators, five trial court judges, and six members of religious orders. He also presented evidence that a scholarship foundation in honor of Raul Camaligan had been established through joint efforts of the victim's family and the eight accused.

Comment of the Victim’s Father

On 26 September 1995 the Court required Atty. Gilbert Camaligan, father of the deceased, to comment on the petition. In his comment dated 4 December 1995 Atty. Gilbert Camaligan stated that he continued to believe the injuries inflicted on his son were deliberate and amounted to murder because of alleged abuse of confidence, taking advantage of superior strength, and treachery. He explained that he consented to the accused's plea to the lesser offense only out of pity for the mothers and a pregnant wife of one accused who begged for forgiveness and compassion, and because one accused's father had died of a heart attack. He declared that, as a Christian, he had forgiven the accused but that, as a grieving father, he still felt pain and could not state whether petitioner was then morally fit for admission to the bar, leaving the determination to the Court's discretion.

The Court’s Assessment of Moral Fitness

The Court reiterated that the practice of law is a privilege reserved for those who possess strict intellectual and moral qualifications and that it has a duty both to remove lawyers who disgrace the profession and to prevent misfits from entering the bar. The Court characterized the beatings that caused Raul Camaligan's death as senseless and indicative of an absence of the moral fitness required for admission. The Court recalled its 13 July 1995 resolution which stated that participation in prolonged and mindless physical behavior made a finding of good moral character impossible, but also noted its preparedness to consider de novo whether petitioner had since purged himself of that deficiency.

Consideration of Rehabilitation and Supporting Evidence

The Court acknowledged the exceptional and praiseworthy nature of Atty. Gilbert Camaligan's forgiveness but observed that the father could not opine on petitioner's present moral fitness. After careful evaluation, the Court found persuasive the submitted certifications showing that Al Caparros Argosino was devout, engaged in civic duties, and had made efforts to atone for the death of Raul Camaligan, including participation in establishing the scholarship foundation. The Court took judicial notice of the general tendency of youth to act rashly and temerariously, and concluded that petitioner was not inherently of bad moral fiber.

Legal Admonition and Professional Expectatio