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[B.M. No. 890.April 2, 2002]
RE: PETITION TO TAKE THE LAWYER'S OATH, GINGOYON
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated APR 2 2002.
B.M. No. 890(Re: Petition to take the Lawyer's Oath, Victor Rey T. Gingoyon.)
On August 4, 1998, Victor Rey T. Gingoyon filed with the Office of the Bar Confidant his petition to take the 1998 Bar Examinations.In said petition, he stated that "he has been charged with the crime of Grave Threats (Criminal Case No. 9693) now already submitted for decision" in the Municipal Trial Court in Cities, Mandaue City, Branch 3.Apparently, when petitioner filed a similar petition with the Office of the Bar Confidant in 1994, he had already submitted all pertinent documents relevant to the criminal case so he was no longer required to submit the same in 1998, relying mainly on his allegation that the case was still pending.
On September 1, 1998, the Court allowed Victor Rey T. Gingoyon to take the bar examinations subject to the condition that should he pass the examinations, he shall not be allowed to take the lawyer's oath until he is cleared of the charge against him.Victor Rey T. Gingoyon passed the bar.
On April 21, 1999, he filed a petition with the Court praying that he be allowed to take the Layer's Oath scheduled on May 4, 1999 at the PICC together with the other successful examinees.Attached to his petition were duly authenticated copies of the Decision dated April 8, 1998 of the Municipal Trial Court, Mandaue City, Branch 3, convicting the petitioner of the crime of Grave Threats.The dispositive portion of the decision reads as follows:
WHEREFORE, Decision is hereby rendered finding accused, Victor Rey Gingoyon, Guilty Beyond Reasonable Doubt of the crime of Grave Threats, and the Court sentences said accused the penalty of arresto mayor medium which is an imprisonment of Two (2) months and One (1) day and to pay a fine of Pesos: Five Hundred Pesos (P500.00) and the civil liability of Ten Thousand Pesos (P10,000.00) as reimbursement for attorney's fees and litigation expenses.Failure on his part to pay said fine, he shall be subjected to a subsidiary imprisonment equivalent to P8.00 per day.
SO ORDERED.
Mandaue City, Philippines, April 8, 1998.
Likewise, petitioner submitted to the Court the Order of the trial court dated December 2, 1998, granting his application for probation; and several certifications of Good Moral Character issued by responsible members of his community.
On May 6, 1999, the Office of the Bar Confidant received a sworn letter-complaint from the Spouses Andres and Avelina Taran, the private complainants in Criminal Case No. 9693.They alleged that they were the next door neighbors of petitioner and his family at Cabancalan, Mandaue.The complainants, with their ailing mother and children have become constant victims of petitioner's threats, harassment and stoning.Because of petitioner's oppressive acts, they were eventually forced to sell their land, leave the neighborhood and live far away from the petitioner in order to avoid his regular shooting, stoning and harassment.They pray that petitioner be prevented from taking his oath as member of the Philippine Bar considering that he does not possess the good moral character required from a member of the Bar, owing to his criminal conviction for grave threats.
In a Third Motion for Early Resolution filed with the Court on December 28, 1999, petitioner reiterated his prayer that he be allowed to take the lawyer's oath on the basis of the Order of the trial judge dated December 9, 1999 terminating Criminal Case No. 9693 after having satisfactorily fulfilled all the terms and conditions of his probation.
The Court referred the matter to the Office of the Bar Confidant (OBC) for evaluation.In a Report dated June 23, 2000, the OBC recommended the denial of the petition.The OBC significantly observed that the decision of the MTC was dated April 8, 1998 which was clearly four (4) months before he filed his petition to take the bar in August, 1998.If the criminal case was indeed promulgated on said date, petitioner committed perjury in falsely stating in his petition that the criminal case filed against him was allegedly still pending.Moreover, petitioner's criminal conviction involves moral turpitude, unfit for admission to the Bar.
In a Resolution dated July 25, 2000, the Court required the petitioner to present proof of promulgation of the judgment against him.Pursuant to the resolution, petitioner filed a Certification issued and signed by Clerk of Court Salvacion Acabodillo of the MTC, Mandaue City, Branch 3 stating that Criminal Case No. 9693 for Grave Threats against Victor Rey T. Gingoyon was promulgated on August 10, 1998 at 2 o'clock in the afternoon.
As to whether or not petitioner had actual notice of his conviction for grave threats prior to his filing of the petition to take the bar examinations, his Eighth Motion for Early Resolution contained the following explanation:
A.The "Notice of Promulgation" of said case was Personally received by Eva Gingoyon-Abarca (sister of petitioner) on 06 July 1998 and not by herein petitioner.Copy of her affidavit is attached as Annex "A".
B.Petitioner was made aware of the then scheduled promulgation sometime in the first week of August 1998 only when he returned home in Cabancalan, Mandaue City from his boarding house in Cebu City (pls. See Annex A).
C.Further, petitioner is attaching herewith the last page of the decision of the above-mentioned case where his signature appeared (Annex "B").It can be clearly determined that it obviously differs with that signature appearing in the notice of promulgation (attached to Annex A).
D.If petitioner's memory is right (facts are on file at the Office of the Bar Confidant), he stated in his petition to take the 1998 Bar Examinations mailed in the third or last week of July 1998, the following entries, among others appeared, "pending case for Grave Threats at Branch 3, MTCC, Mandaue City."
E.Moreover, assuming for the seek (sic) of argument that petitioner was already aware of the scheduled promulgation at the time he mailed his petition, he was telling the truth under the "Doctrine of Colorable Truth for the word "pending case" is all encompassing and, he did not know then of the decision.For it is a matter of fact and law that parties in a criminal case would only be aware of its outcome DURING PROMULGATION and not before.
The foregoing allegations especially the fact that it was petitioner's sister who received the notice of promulgation of judgment and not the petitioner himself was confirmed upon an inquiry made from Executive Judge Galicano C. Arriesgado, Regional Trial Court, Branch 18, Cebu City.
Given these facts, it is safe to assume that petitioner did not yet have actual knowledge of the judgment against him, which was promulgated on August 10, 1998 when he filed his petition to take the bar examinations on August 4, 1998.But the more important question is whether or not petitioner possesses the good moral character required for admission to the bar considering his criminal conviction for grave threats.Undoubtedly, the crime is one involving moral turpitude.
With the termination of the criminal case against him, petitioner wishes to impress upon the Court that he now possesses the good moral character required for those seeking admission to the bar.To attest to his righteous and religious character, petitioner submitted several certifications from responsible members of his community, to wit:
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1. Fr. Aloysius "Love" Alojipan
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Associate Parish Priest
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Casuntingan, Mandaue City
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2. Fr. Sindulfo "Sin" Iriarte, VF
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Parish Priest
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Casuntingan, Mandaue City
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3. Herminigildo "Eddie" M. Liston
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Pastor
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Cabancalan, Mandaue City
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4. Atty. Crestito Mandolado
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Asst. Dean
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Southwestern Univ., Cebu City
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5. Dr. Mercy Rose Montalban
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P/Sr. Inspector
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Camp Sotero Cabahug Cebu City
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6. Jose Ronnie Ranile
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Barangay Councilor
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Casuntingan, Mandaue City
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7. Leonardo Saavedra
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Lay Minister
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Cabancalan, Mandaue City
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8. Atty. Victor C. Biano
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Lawyer
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Bascara Bldg. Centro, Mandaue City
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He also submitted the order of discharge from his probation officer which states that he has complied with all the terms and conditions of his probation without any infractions.In a span of two (2) years, petitioner has filed eight (8) motions for early resolution asking the Court to accept him to this noble profession.
It must be understood that the practice of law is not a natural, absolute or constitutional right to be given to everyone who demands it.It is a personal privilege granted to citizens of good moral character, with special educational qualifications, duly ascertained and certified.All aspects of moral character and behavior may be inquired into in respect of those seeking admission to the Bar. [1] cralaw Thus, the letter-complaint of the Spouses Taran objecting to petitioner's oath-taking is validly noted considering that petitioner's violent temper for which he was consequently convicted is certainly unbecoming of a would-be lawyer.
However, after a careful evaluation of the case, we are prepared to give petitioner the benefit of the doubt that he is morally fit for admission to the bar.In a personal letter of appeal to the Court dated May 3, 2000, petitioner appears to be sorry and remorseful for his reckless actuation which resulted to his criminal conviction.He prays to be a full-fledged member of the bar in order to be of help to his septuagenarian parents.He promises "to be a productive member of society, true to the tenets of the legal profession, of service to the country and God-fearing." It had been two (2) years past since he first filed the petition to take the lawyer's oath.Hopefully, this period of time of being deprived the privilege had been long enough for him to do some introspection.
Finally, it is important to stress 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 selected 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. [2] cralaw
ACCORDINGLY, the Court Resolved to allow Victor Rey T. Gingoyon to take the lawyer's oath and to sign the Roll of Attorneys on a date set by the Court, subject to the payment of appropriate fees.Let this resolution be attached to petitioner's personal records in the Office of the Bar Confidant.(Puno and Vitug, JJ., are abroad on official business)
Very truly yours,
(Sgd.) MA. LUISA D. VILLARAMA
Acting Clerk of Court
Endnotes:
[1] cralaw In Re: Al C. Argosino, 246 SCRA 14 (1995).
[2] cralaw In Re: Arthur M. Cuevas, Jr., 285 SCRA 59 (1998).
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