ChanRobles Virtual law Library
|
GO TO FULL LIST OF LATEST DECISIONS and RESOLUTIONS
IN RE: PETITION TO TAKE THE LAWYER'S OATH BY ARTHUR M. CUEVAS, JR.chanrobles virtual law library Bar Matter No. 810 January 27, 1998 FRANCISCO, J :
Petitioner Arthur M. Cuevas,
Jr. recently passed the 1996 Bar Examinations,[1]
His oath-taking was held in abeyance in view of the Court's Resolution
dated August 27, 1996 which permitted him to take the Bar Examinations
"subject to the condition that should [he] pass the same, [he] shall
not
be allowed to take the Lawyer's Oath pending approval of the Court" due
to 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 sometime in September 1991, where Raul I. Camaligan, a neophyte,
died as a result of the personal violence inflicted upon him.
Thereafter,
petitioner applied for and was granted probation. On May 16, 1995, he
was
discharged from probation and his case considered closed and terminated.
"2. He conforms completely to the observation of the Honorable Court in its Resolution dated March 19, 1997 in Bar Matter No. 712 that the infliction of severe physical injuries which approximately led to the death of the unfortunate Raul Camaligan was deliberate [rather than merely accidental or inadvertent]; thus, indicating serious character flaws on the part of those who inflicted such injuries. This is consistent with his stand at the outset of the proceedings of the criminal case against the petitioner and his co-defendants that they are liable not only for the crime of homicide but murder, since they took advantage of the neophytes' helpless and defenseless condition when they were "beaten and kicked to death like a useless stray dog", suggesting the presence of abuse of confidence, taking advantage of superior strength and treachery [People vs. Gagoco, 58 Phil. 524]. "3. He, however, has consented to the accused-students' plea of guilty to the lesser offense of reckless imprudence resulting to the homicide, including the petitioner, out of pity to their mothers and a pregnant wife of the accused who went together at his house in Lucena City, literally kneeling, crying and begging for forgiveness for their sons, on a Christmas day in 1991 and on Maundy Thursday in 1992, during which they reported that the father of one of the accused died of heart attack upon learning of his son's involvement in the case. "4. As a Christian, he has forgiven the petitioner and his co-defendants in the criminal case for the death of his son. But as a loving father, who lost a son in whom he has high hope to become a good lawyer — to succeed him, he still feels the pain of his untimely demise, and the stigma of the gruesome manner of taking his life. This he cannot forget.
"5. He is
not, right
now, in a position to say whether petitioner since then, has become
morally
fit for admission to the noble profession of the law. He politely
submits
this matter to the sound and judicious discretion of the Hon. Court."[3]
At
the outset, the Court
shares the sentiment of Atty. Gilbert D. Camaligan and commiserates
with
the untimely death of his son. Nonetheless, Atty. Gilbert D. Camaligan
admits that "[he] is not, right now, in a position to say whether
petitioner
since then has become morally fit" and submits petitioner's plea to be
admitted to the noble profession or law to the sound and judicious
discretion
of the Court.
Narvasa, C.J., Regalado, Davide, Jr., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban and Martinez, JJ, concur. ________________________ Endnotes: [1] Held on September 7, 14, 21, and 28, 1996, at De La Salle University, Taft Avenue, Manila, with Associate Justice Ricardo J. Francisco as Chairman of the Bar Committee. [2] Manifestation With Motion To Take The Lawyer's Oath, p.2. [3] Comment, pp. 1-2. [4] Re : Petition of Al Argosino To Take The Lawyer's Oath, Bar Matter No. 712, March 19, 1997. [5] Id. [6] Id., at p. 5. |
|