In Re Admission To The Bar and Oath Taking of Successful Bar Applicant Al C. Argsino, Petitioner

Republic of the Philippines
SUPREME COURT
Manila
EN BANC
B.M. No. 712 July 13, 1995

IN THE MATTER OF THE ADMISSION TO THE BAR AND OATH-TAKING OF
SUCCESSFUL BAR APPLICANT AL C. ARGOSINO, petitioner.
RESOLUTION
FELICIANO, J.:
A criminal information was filed on 4 February 1992 with the Regional Trial Court of
Quezon City, Branch 101, charging Mr. A.C. Argosino along with thirteen (13) other
individuals, with the crime of homicide in connection with the death of one Raul
Camaligan on 8 September 1991. The death of Raul Camaligan stemmed from the
infliction of severe physical injuries upon him in the course of "hazing" conducted as
part of university fraternity initiation rites. Mr. Argosino 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. This
plea was accepted by the trial court. In a judgment dated 11 February 1993, each of
the fourteen (14) accused individuals was sentenced to suffer imprisonment for a
period ranging from two (2) years, four (4) months and one (1) day to four (4) years.
Eleven (11) days later, Mr. Argosino and his colleagues filed an application for
probation with the lower court. The application for probation was granted in an
Order dated 18 June 1993 issued by Regional Trial Court Judge Pedro T. Santiago.
The period of probation was set at two (2) years, counted from the probationer's
initial report to the probation officer assigned to supervise him.
Less than a month later, on 13 July 1993, Mr. Argosino filed a Petition for Admission
to Take the 1993 Bar Examinations. In this Petition, he disclosed the fact of his
criminal conviction and his then probation status. He was allowed to take the 1993
Bar Examinations in this Court's En Banc Resolution dated 14 August 1993. 1 He
passed the Bar Examination. He was not, however, allowed to take the lawyer's oath
of office.
On 15 April 1994, Mr. Argosino 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, averring that
Judge Pedro T. Santiago had terminated his probation period by virtue of an Order
dated 11 April 1994. We note that his probation period did not last for more than ten
(10) months from the time of the Order of Judge Santiago granting him probation
dated 18 June 1993. Since then, Mr. Argosino has filed three (3) Motions for Early
Resolution of his Petition for Admission to the Bar.
The practice of law is not a natural, absolute or constitutional right to be granted to

everyone who demands it. Rather, it is a high personal privilege limited to citizens
of good moral character, with special educational qualifications, duly ascertained
and certified. 2 The essentiality of good moral character in those who would be
lawyers is stressed in the following excerpts which we quote with approval and
which we regard as having persuasive effect:
In Re Farmer:
xxx xxx xxx

This "upright character" prescribed by the statute, as a condition precedent to the
applicant's right to receive a license to practice law in North 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. It is the good name which the applicant has acquired, or should have
acquired, through association with his fellows. It means that he must have
conducted 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. . . .
xxx xxx xxx
And we may pause to say that this requirement of the statute is eminently
proper. Consider for a moment the duties of a lawyer. He is sought as counsellor,
and his advice comes home, in its ultimate effect, to every man's fireside. Vast
interests are committed to his care; he is the recipient ofunbounded trust and
confidence; he deals with is client's property, reputation, his life, his all. An attorney
at law is a sworn officer of the Court, whose chief concern, as such, is to aid the
administration of justice. . . .
xxx xxx xxx 4
In Re Application of Kaufman, 5 citing Re Law Examination of 1926 (1926) 191 Wis
359, 210 NW 710:
It can also be truthfully said that there exists nowhere greater temptations to
deviate from the straight and narrow path than in the multiplicity of circumstances
that arise in the practice of profession. For these reasons the wisdom of requiring an
applicant for admission to the bar to possess a high moral standard therefore
becomes clearly apparent, and the board of bar examiners as an arm of the court, is
required to cause a minute examination to be made of the moral standard of each
candidate for admission to practice. . . . It needs no further argument, therefore, to
arrive at the conclusion thatthe highest degree of scrutiny must be exercised as to
the moral character of a candidate who presents himself for admission to the
bar. The evil must, if possible, be successfully met at its very source, and
prevented, for, after a lawyer has once been admitted, and has pursued his
profession, and has established himself therein, a far more difficult situation is
presented to the court when proceedings are instituted for disbarment and for the
recalling and annulment of his license.
In Re Keenan: 6
The right to practice law is not one of the inherent rights of every citizen, as in the
right to carry on an ordinary trade or business. It is a peculiar privilege granted and
continued only to those who demonstrate special fitness in intellectual attainment
and in moral character. All may aspire to it on an absolutely equal basis, but not all
will attain it. Elaborate machinery has been set up to test applicants by standards
fair to all and to separate the fit from the unfit. Only those who pass the test are
allowed to enter the profession, and only those who maintain the standards are
allowed to remain in it.
Re Rouss: 7
Membership 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 unworthy
applicant is not to punish him for past offense: an examination into character, like
the examination into learning, is merely a test of fitness.
Cobb vs. Judge of Superior Court: 8
Attorney'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. Yet what protection to clients or assistance to courts could such
agents give? They are required to be of good moral character, so that the agents
and officers of the court, which they are, may 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, having had
them, have fallen therefrom, shall not be permitted to appear in courts to aid in the
administration of justice.
It has also been stressed that the requirement of good moral character is, in fact, of
greater importance so far as the general public and the proper administration of
justice are concerned, than the possession of legal learning:
. . . (In re Applicants for License, 55 S.E. 635, 143 N.C. 1, 10 L.R.A. [N.S.] 288, 10
Ann./Cas. 187):
The public policy of our state has always been to admit no person to the practice of
the law unless he covered an upright moral character. The possession of this by the
attorney is more important, if anything, to the public and to the proper
administration of justice than legal learning. Legal learning may be acquired in after
years, but if the applicant passes the threshold of the bar with a bad moral
character the chances are that his character will remain bad, and that he will
become a disgrace instead of an ornament to his great calling a curse instead of
a benefit to his community a Quirk, a Gammon or a Snap, instead of a Davis, a
Smith or a Ruffin. 9
All aspects of moral character and behavior may be inquired into in respect of those
seeking admission to the Bar. The scope of such inquiry is, indeed, said to be
properly broader than inquiry into the moral proceedings for disbarment:
Re Stepsay:
10
The inquiry 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 Wells:
11
. . . that an applicant's contention that upon application for admission to the

California Bar the court cannot reject 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 inquiry is broader in its scope than that
in a disbarment proceeding, and the court may receive any evidence which tends to
show the applicant's character as respects honesty, integrity, and general
morality, and may no doubt refuse admission upon proofs that might not establish
his guilt of any of the acts declared to be causes for disbarment.
The requirement 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
expected from members of the general public. There is a very real need to prevent
a general perception that entry into the legal profession is open to individuals with
inadequate moral qualifications. The growth of such a perception would signal the
progressive destruction of our people's confidence in their courts of law and in our
legal system as we know it. 12
Mr. Argosino's participation in the deplorable "hazing" activities certainly fell far
short of the required standard of good moral character. The deliberate (rather than
merely accidental or inadvertent) infliction of severe physical injuries which
proximately led to the death of the unfortunate Raul Camaligan, certainly indicated
serious character flaws on the part of those who inflicted such injuries. Mr. Argosino
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 involved,
reposed trust and confidence in all of them that, at the very least, he would not be
beaten and kicked to death like a useless stray dog. Thus, participation in the
prolonged and mindless physical beatings inflicted upon Raul Camaligan constituted
evident rejection of that moral duty and was totally irresponsible behavior, which
makes impossible a finding that the participant was then possessed of good moral
character.
Now that the original period of probation granted by the trial court has expired, the
Court is prepared to considerde novo the question of whether applicant A.C.
Argosino has purged himself of the obvious deficiency in moral character referred to
above. We stress that good moral character is a requirement possession of which
must be demonstrated not only at the time of application for permission to take the
bar examinations but also, and more importantly, at the time of application for
admission to the bar and to take the attorney's oath of office.
Mr. Argosino must, therefore, submit to this Court, for its examination and
consideration, evidence that he may be now regarded as complying with the
requirement of good moral character imposed upon those seeking admission to the
bar. His evidence may consist, inter alia, of sworn certifications from responsible
members of the community who have a good reputation for truth and who
have actually known Mr. Argosino for a significant period of time, particularly since
the judgment of conviction was rendered by Judge Santiago. He 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. Mr. Argosino
must, in other words, submit relevant evidence 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, Mr. Argosino is hereby DIRECTED 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 (10) day from
notice hereof. Let a copy of this Resolution be furnished to the parents or brothers
and sisters, if any, of Raul Camaligan.
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Romero and Melo, JJ., concur.
Bellosillo, J. is on leave.
Footnotes
1 There is some indication that clerical error attended the grant of permission to
take the 1993 Bar Examinations. The En Banc Resolution of this Court dated 24
August 1993 entitled "Re: Applications to Take the 1993 Bar Examinations," stated
on page 2 thereof:
"The Court further Resolved to ALLOW the following candidates with dismissed
charges or complaints, to take the 1993 Bar Examinations:
xxx xxx xxx

3349. Al C. Argosino
xxx xxx xxx

(Emphasis supplied)
In fact, applicant Argosino had been convicted and sentenced and then paroled.
2 G.A. Malcolm, Legal and Judicial Ethics (1949), at p. 13; In Re Parazo, 82 Phil. 230,
242 (1948), reiterated in Tan v. Sabandal, 206 SCRA 473, 481 (1992).
3 131 S.E. 661 (1926).
4 131 S.E. at 663.

5 69 Idaho 297, 206 P2d 528 (1949).
6 314 Mass 544, 50 NE 2d 785 (1943).
7 221 NY 81, 116 NE 782 (1917).
8 43 Mich 289, 5 NW 309 (1880).
9 In Re Farmer, supra at 663.
10 15 Cal 2d 71, 98 P2d 489 (1940).
11 174 Cal 467, 163 P 657 (1917).
12 See generally, Ulep v. Legal Clinic, Inc. (En Banc), 223 SCRA 378, 409 (1993).

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Republic of the Philippines

B.M. No. 712 July 13, 1995

The practice of law is not a natural, absolute or constitutional right to be granted to

xxx xxx xxx

The inquiry as to the moral character of an attorney in a proceeding for his

. . . that an applicant's contention that upon application for admission to the

xxx xxx xxx

xxx xxx xxx

4 131 S.E. at 663.

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