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[B.M. No. 1122.September 24, 2002]
IN RE:PETITION TO TAKE THE LAWYER'S OATH, JABINES
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 24 SEPT 2002.
Bar Matter No. 1122(In Re: Petition to Take the Lawyer's Oath, Edgar D. Jabines, Petitioner.)
The Rollo shows that, per Resolution of the Court, dated August 28, 2001, the Petitioner was allowed by the Court to take the 2001 Bar Examinations, subject to the condition that he submit to the Court a copy of the Information in " People versus Edgar D. Jabines " in Crim. Case No. 4735 for: Attempted Murder filed with and pending in the Regional Trial Court of Surigao City.
The Petitioner took the 2001 Bar Examinations and passed the same.
In the meantime, the Private Complainant in said criminal case, Joseph Yuipco executed an " Affidavit of Desistance " declaring, inter alia , that he will no longer prosecute the Petitioner and to testify against him in the event that the case will be tried on the merits and that he executed the said affidavit in support to the request of the Prosecutor for the dismissal of the above case. On the basis of the said " Affidavit of Desistance, " the Public Prosecutor filed a " Motion to Dismiss ," dated November 26, 1996.
On November 28, 1996, the trial Court issued an order granting the " Motion to Dismiss " of the Public Prosecutor, dismissing the said case and canceling the bail bond posted by Petitioner for his provisional release.
On May 16, 2002, the Petitioner filed a Petition for him to take his oath as a member of the Philippine Bar.
Acting on the aforesaid Petition, the Court hereby orders the Bar Confidant to conduct an investigation to determine whether the Petitioner may be allowed to take his oath as a member of the Philippine Bar, the investigation to focus on the moral character of the Petitioner and to submit to the Courtlier Report of said investigation.
In the meantime, resolution of the Petition is held in abeyance.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
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