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[B.M. No. 832.November 27, 2001]
IN RE: MATTER OF ADMISSION TO THE BAR AND OATH-TAKING OF SUCCESFUL BAR APPLICANT TULIAO et al.
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated NOV 27 2001.
B.M. No. 832 (In Re: The Matter of Admission to the Bar and Oath-Taking of Successful Bar Applicant Blas Antonio M. Tuliao, Blas Antonio M. Tuliao, petitioner.)
Submitted for resolution is a petition of Blas Antonio M. Tuliao, filed on January 7, 1998, seeking to take the lawyer's oath. Petitioner Tuliao passed the bar examinations administered in 1996.The Court, however, deferred his oath taking due to his previous conviction for Reckless Imprudence Resulting in Homicide in 1993.
On January 20, 1992, petitioner and his seven (7) other fraternity brothers were originally charged with Homicide for the death of Raul Camaligan before the Regional Trial Court of Quezon City, Branch 81.Petitioner and his fraternity brothers were, at the time, students at the San Beda College of Law and members of the Lex Taliones Fraternitas.Camaligan was among their new recruits when he met his untimely death at the hands of his would-be fraternity brothers during the initiation rites.Petitioner and his seven (7) co-accused, among whom were Al C. Argosino and Arthur M. Cuevas, Jr., later withdrew their original plea of not guilty and upon re-arraignment pleaded guilty to the lesser charge of Reckless Imprudence Resulting in Homicide.On January 11, 1993, the trial court convicted all the eight (8) accused including herein petitioner Tuliao and imposed the penalty of imprisonment of two (2) years and four (4) months and one (1) day to four (4) years for each of them.
Incidentally, the hazing incident, subject of said criminal case, happened before the Anti Hazing Law (R.A. No. 8049) took effect on September 15, 1998.The plea bargaining of petitioner Tuliao and his co-accused as well as the rendition of the judgment of the trial court in that case also happened before the Supreme Court enacted on August 11, 1998 Circular No. 38-98 providing that the accused, with the consent of the offended party and the prosecutor, can only plead guilty to a lesser offense provided the lesser offense is necessarily included in the offense charge.
Petitioner later applied for probation which was granted by the trial court.On July 7, 1995, he was discharged from probation and the case against him was ordered closed and terminated.
In 1996, petitioner was allowed by the Court 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 until further orders by the Court.Petitioner successfully hurdled the bar examinations given in 1996.
On January 7, 1998, petitioner filed the present petition to allow him to take the lawyer's oath on the basis that "he is now in possession of good moral character and that he has reformed his life after conviction for Reckless Imprudence Resulting in Homicide."
In support of his petition, petitioner presented certifications from individuals who are of known probity and integrity and who had known him for a significant period of time.Among those who issued certifications and vouched for the good moral character of petitioner were: (1) Archbishop Diosdado A. Talamayan 1 Annex "B", Records, p. 6. (2) Rev. Msgr. Marcelo C. Bassig 2 Annex "C", Records, p. 8. (3) Bro. Pete Calucag 3 Annex "D", Records, p. 9. (4) Dean Raymundo A. Briones 4 Annex "E", Records, p. 10. (5) Atty. Teofilo E. Untalan 5 Annex "G", Records, p. 13. (6) Retired Justice Oscar R. Victoriano 6 Annex "H", Records, p. 14. (7) Judge Pedro R. Santiago 7 Annex "I", Records, p. 15.And (8) Atty. Enrico G. Gilera. 8 Annex "J", Record, p. 16.
Petitioner likewise invited the attention of this court to the fact that he and his seven (7) co-accused and the family of the deceased Raul Camaligan established a scholarship foundation known as the Raul Camaligan Scholarship Foundation.
Finally, petitioner presented a certification 9 Annex "F", Records, p. 12. from the Commission on Human rights led by chairperson Aurora P. Navarette-Recina commending his performance in said office as "Attorney III."The Commission noted that petitioner "has performed and continued with zeal in his endeavor to provide excellent legal service to the underprivileged." The Commission added has exhibited true advocacy for human rights while showcasing the nobility of an officer of the court and that his admission to the bar "will all the more maximize his potentials and thus be an asset to the profession."
On February 3, 1998, We required Atty. Gilbert Camaligan, the father of the deceased Raul Camaligan, to comment within ten (10) days from notice.
Atty. Camaligan, in his comment, stated that, as a Christian, he has forgiven the petitioner and his co-accused in the criminal case for the death of his son.However, he stated that he was not in a position to determine whether petitioner has become morally fit for admission to the noble profession of the law.He submitted the matter to the sound and judicious discretion of the Court.
On March 2, 2000, Deputy Clerk of court and Bar Confidant, Atty. Erlinda C. Versoza, recommended that petitioner Tuliao be allowed to take the lawyer's oath. 10 Records, pp. 25-28. She noted that petitioner had been discharged from probation by the trial court of Quezon City as early as July 7, 1995 and that the case against him has been ordered closed and terminated.Moreover, his two (2) co-accused, Al C. Argosino and Arthur M. Cuevas, Jr. have been allowed to take the lawyer's oath on March 19, 1997 and January 27, 1998 respectively.
The Committee on Legal Education, which was required by this Court to submit a report and recommendation, likewise gave a favorable recommendation 11 Report and Recommendation of the Committee on Legal Education, Rollo, pp. 39-40. for petitioner anchored mainly on the ground of fairness, equal treatment and protection.The Committee opined that since petitioner's said two (2) co-accused in the criminal case have been allowed to take the lawyer's oath, there was no reason to accord a different treatment to petitioner.
Petitioner's discharge from probation without any infraction of the attendant conditions therein and the various certifications attesting to his good moral character and civic consciousness show that petitioner Tuliao has sufficiently proven that he is now morally fit to be admitted to the Bar and to take the lawyer's oath.In allowing petitioner Tuliao to take the lawyer's oath, the Court recognizes that petitioner Tuliao is not inherently of bad moral fiber.He has also taken decisive steps to atone for the unfortunate death of Raul Camaligan.
It is significantly noted that the case of petitioner Tuliao arose out of the same hazing incident as that of Al C. Argosino and Arthur M. Cuevas, Jr. who have been allowed by this Court to take the lawyer's oath on March 19, 1997 12 Re: Petition of Al Argosino To Take The Lawyer's Oath, Bar Matter No. 712, March 19, 1997, 270 SCRA 26. and January 27, 1998, 13 In Re: Petition To Take The Lawyer's Oath By Arthur M. Cuevas, Jr., Bar Matter No. 810, January 27, 1998, 285 SCRA 59. respectively.The dispensation of justice should be even-handed and consistent.
Petitioner Tuliao is reminded that the lawyer's oath is not a mere formality for entering the noble profession of the law.He is exhorted to conduct himself beyond reproach at all times and to live in accordance with the lawyer's oath and to abide by the Code of Professional Responsibility.As a new lawyer, he is advised to be a man for others, ready and willing to render legal and other services to the less fortunate among our people.
IN VIEW OF ALL THE FOREGOING, the Court hereby resolves to GRANT the petition, and to ALLOW petitioner Blas Antonio M. Tuliao to take the lawyer's oath on a date to be set by the Court, to sign the Roll of Attorneys and, thereafter, to practice the legal profession.Buena, J., abroad on official business.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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