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(SM) Petition To Take The Lawyer's Oath by Arthur M. Cuevas, JR

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IN RE: PETITION TO TAKE THE LAWYER'S OATH BY ARTHUR M.

CUEVAS,
JR.

FACTS:
 Petitioner Arthur M. Cuevas, Jr., recently passed the 1996 Bar
Examinations.
 His oath-taking was held in abeyance because of his previous conviction
for Reckless Imprudence Resulting In Homicide. The conviction
stemmed from petitioner's participation in the initiation rites of the LEX
TALIONIS FRATERNITAS, a fraternity in the SAN BEDA COLLEGE OF LAW
 He was allowed to take the Bar but was not allowed to take the
lawyer’s oath if he passed.
 Thereafter, petitioner applied for and was granted probation. He was
discharged from probation and his case considered closed and
terminated.
 Thus this petition.

ISSUE: Whether or not petitioner Cuevas has the moral fitness required to
take the lawyer’s oath?

HELD:
The petition before the Court requires the balancing of the reasons for
disallowing or allowing petitioner's admission to the noble profession of
law. His deliberate participation in the senseless beatings over a helpless
neophyte which resulted to the latter's untimely demise indicates absence
of that moral fitness required for admission to the bar. The Court,
nonetheless, is willing to give petitioner a chance in the same manner that
it recently allowed Al Caparros Argosino, petitioner's co-accused below, to
take the lawyer's oath.

Petitioner’s discharge from probation without any infraction of the


attendant conditions therefor and the various certifications attesting to his
righteous, peaceful and civic-oriented character prove that he has taken
decisive steps to purge himself of his deficiency in moral character and
atone for the unfortunate death of Raul I. Camaligan. The Court is prepared
to give him the benefit of the doubt, taking judicial notice of the general
tendency of the youth to be rash, temerarious and uncalculating.

Let it be stressed to herein petitioner that the lawyer's oath is not a


mere formality recited for a few minutes in the glare of flashing cameras
and before the presence of select witnesses. Petitioner is exhorted to
conduct himself beyond reproach at all times and to live strictly according
to his oath and the Code of Professional Responsibility.

The court then hereby resolved to allow Arthur M.. Cuevas, Jr., to take
the lawyer's oath and to sign the Roll of Attorneys. This resolution was
then to be attached to petitioner's personal records in the Office of the Bar
Confidant.

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