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[.  June 14, 2005]

VILLA vs. AMA

EN BANC

Sirs/Mesdames:

Quoted hereunder, for your information, is a resolution of this Court dated JUN 14 2005.

Bar Matter No. 674 (ROMULO M. VILLA vs. JUNEL ANTHONY AMA, MICHAEL FREDERICK MUSNGI and CRISANTO SARUCA, JR., Successful Bar Examinees.)

Before this Court is a Petition filed on April 13, 2005 by Junel Anthony D. Ama, a successful 1992 Bar Examinee, praying that he be admitted to the Philippine Bar, be allowed to take the Lawyer's Oath and sign the Roll of Attorneys.

The petitioner, along with other members of the Aquila Legis Fraternity of the Ateneo de Manila School of Law, was implicated and criminally charged for the death of Jose Leonardo "Lenny" Villa. An Amended Information for serious physical injuries was filed with the Metropolitan Trial Court (MTC) of Caloocan City, Branch 53, against the petitioner, docketed as Criminal Case No. 155211. Another criminal Information for Homicide, in relation to the death of Villa, was filed with the Regional Trial Court (RTC) of Caloocan City, docketed as Criminal Case No. C-38340.

On April 16, 1993, Romulo Villa, the victim's father, filed a petition with the Court praying that the petitioner be disallowed from taking the Lawyer's Oath and from signing the Roll of Attorneys pending final judgment in the criminal cases filed against him.

Eventually, on February 28, 1996, the MTC rendered its decision and acquitted the petitioner. On the other hand, the RTC, in its Decision dated November 27, 1993, found the petitioner guilty of homicide through conspiracy.

The RTC Decision was appealed to the Court of Appeals, docketed as CA-G.R. CR No. 15520. On January 10, 2002 the appellate court rendered its decision, setting aside the lower court's finding of conspiracy and considered the individual actuation of the accused. As for herein petitioner, the appellate court found him guilty of slight physical injuries under Article 266 of the Revised Penal Code, and sentenced him to twenty (20) days of arresto menor. He, along with the other accused, was likewise ordered to jointly pay the heirs of the victim the sum of P30,000.00 as indemnity.

Instead of serving the twenty (20) day imprisonment, the petitioner applied for probation ^[1] cralaw which the RTC of Caloocan City, Branch 130 granted on October 11, 2002. ^[2] cralaw

After six (6) months, or on April 10, 2003, the RTC issued its Order ^[3] cralaw discharging the petitioner on probation, and declared the case terminated.

Appended to the present petition are various certifications ^[4] cralaw attesting to the petitioner's moral character.

On May 6, 2005, the petitioner manifested that he made a manifestation in the case entitled People vs. Court of Appeals, et al, docketed as G.R. No. 154954, that he is willing to deposit his share of P7,500.00 in the civil indemnity provided in the CA Decision.

In her Report dated May 10, 2005, Deputy Clerk of Court and Bar Confidant Atty. Ma. Cristina B. Layusa recommended that petitioner be allowed to take the lawyer's oath and sign the Roll of Attorneys, citing the cases of In Re: Al Argosino ^[5] cralaw and In Re: Arthur M. Cuevas, Jr., ^[6] cralaw both involving bar passers who were convicted of the crime reckless imprudence resulting in homicide, but after serving their respective sentences, were nevertheless allowed by the Court to take the Lawyer's Oath and sign the Roll of Attorneys. It was also pointed out that in Bar Matter No. 832, the Court allowed Antonio M. Tuliao, convicted of reckless imprudence resulting in homicide (which arose out of the same incident as that of Argosino and Cuevas, Jr.,) to take the Lawyer's Oath and sign the Roll of Attorneys.

The Court agrees with the foregoing recommendation. The crime for which the petitioner was convicted - slight physical injuries - is after all, a light offense, and cannot be considered a grave violation of the moral sentiment of the community or done in the spirit of cruelty, hostility, or revenge; certainly not a crime involving moral turpitude. ^[7] cralaw

The Court thus resolves to GRANT the petition of Junel Anthony D. Ama. He is hereby allowed to take the Lawyer's Oath and sign the Roll of Attorneys upon a showing of proof of having deposited his share in the civil indemnity stated in the Decision of the Court of Appeals in CA-G.R. CR No. 15520, and upon payment of the required fees.

Tinga, J., no part.

Very truly yours,

LUZVIMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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