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Al Argosino-Case Digest

Petitioner Al Argosino passed the bar exam in 1993 but was prevented from taking the lawyer's oath due to a previous conviction for reckless imprudence resulting in homicide from a fraternity hazing incident. He submitted evidence of good moral character. The victim's father forgave Argosino but could not say if he was morally fit to practice law. The court ruled to allow Argosino to take the oath and practice, noting that youth can be rash but Argosino seemed reformed based on his community service and devotion to his faith. The court warned Argosino that as a lawyer he must uphold the high standards of his oath.

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16 views

Al Argosino-Case Digest

Petitioner Al Argosino passed the bar exam in 1993 but was prevented from taking the lawyer's oath due to a previous conviction for reckless imprudence resulting in homicide from a fraternity hazing incident. He submitted evidence of good moral character. The victim's father forgave Argosino but could not say if he was morally fit to practice law. The court ruled to allow Argosino to take the oath and practice, noting that youth can be rash but Argosino seemed reformed based on his community service and devotion to his faith. The court warned Argosino that as a lawyer he must uphold the high standards of his oath.

Uploaded by

rejine mondragon
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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B.M. No.

712 March 19, 1997


RE: PETITION OF AL ARGOSINO TO TAKE THE LAWYERS OATH

FACTS:
Petitioner Al Caparros Argosino passed the bar examinations held in 1993. The Court
however deferred his oath-taking due to his previous conviction for Reckless
Imprudence Resulting In Homicide.

The criminal case which resulted in petitioner's conviction, arose from the death of a
neophyte during fraternity initiation rites sometime in September 1991. Petitioner and
7 other accused initially entered pleas of not guilty to homicide charges. The 8 accused
later withdrew their initial pleas and upon re-arraignment all pleaded guilty to reckless
imprudence resulting in homicide.

On the basis of such pleas, the trial court rendered judgment dated 11 February 1993
imposing on each of the accused a sentence of imprisonment of from two (2) years
four (4) months and one (1) day to four (4) years.

On 13 July 1995, the Court through then Senior Associate Justice Florentino P.
Feliciano issued a resolution requiring petitioner Al C. Argosino to submit to the Court
evidence that he may now be regarded as complying with the requirement of good
moral character imposed upon those seeking admission to the bar.

In compliance with the above resolution, petitioner submitted no less than fifteen (15)
certifications/letters executed by among others two (2) senators, five (5) trial court
judges, and six (6) members of religious orders. Petitioner likewise submitted evidence
that a scholarship foundation had been established in honor of Raul Camaligan, the
hazing victim, through joint efforts of the latter's family and the eight (8) accused in
the criminal case.

The Court required Atty. Gilbert Camaligan, father of Raul, to comment on petitioner’s
prayer to be allowed to take the lawyer’s oath. He states that:

-He still believes that the infliction of severe physical injuries which led to the death of
his son was deliberate rather than accidental.
-He consented to the accused's plea of guilt to the lesser offense of reckless
imprudence
resulting in homicide only out of pity…
-As a Christian, he has forgiven petitioner and his co-accused for the death of his son.
However, as a loving father who had lost a son whom he had hoped would succeed him
in his law practice, he still feels the pain of an untimely demise and the stigma of the
gruesome manner of his death.
-Furthermore, he states that he is not in a position to say whether petitioner is now
morally fit for admission to the bar. He therefore submits the matter to the sound
discretion of the Court.

ISSUES:
-WON to allow the petitioner Al Caparros Argosino to take the lawyer’s oath based on
the order of his discharge from probation?
RULING:
We resolve to allow petitioner Al Caparros Argosino to take the lawyer's oath, sign the
Roll of Attorneys and practice the legal profession with the following admonition:

-The Court recognizes that Mr. Argosino is not inherently of bad moral fiber. On the
contrary, the various certifications show that he is a devout Catholic with a genuine
concern for civic duties and public service.
-The Court is persuaded that Mr. Argosino has exerted all efforts to atone for the death
of Raul Camaligan. We are prepared to give him the benefit of the doubt, taking
judicial
notice of the general tendency of youth to be rash, temerarious and uncalculating.
-The Court stress to Mr. Argosino that the lawyer's oath is NOT a mere ceremony or
formality for practicing law. Every lawyer should at ALL TIMES weigh his actions
according to the sworn promises he makes when taking the lawyer's oath.
-If all lawyers conducted themselves strictly according to the lawyer's oath and the
Code
of Professional Responsibility, the administration of justice will undoubtedly be faster,
fairer and easier for everyone concerned.
-The Court sincerely hopes that Mr. Argosino will continue with the assistance he has
been giving to his community. As a lawyer he will now be in a better position to render
legal and other services to the more unfortunate members of society.
PREMISES CONSIDERED, petitioner Al Caparros Argosino is hereby ALLOWED 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. SO ORDERED

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