Good Moral Character

as a Pre-requisite to
Bar Admission
Group 6
Adlawan, Asuncion, Lloren, Parreno
 “
good moral character is what a
person really is, as distinguished
from good reputation or from the
opinion generally entertained of
him, the estimate in which he is
held by the public in the place
where he is known
In the matter of the disqualification of bar
examinee Haron s. Meling in the 2002 bar
examinations and for disciplinary action as
member of the Philippine sharia bar,
ATTY. FROILAN R. MELENDREZ, Petitioner
FACTS

⋄ Atty. Froilan R. Melendrez (Melendrez) filed

with the Office of the Bar Confidant (OBC) a
Petition 1 to disqualify Haron S. Meling (Meling)
from taking the 2002 Bar Examinations and to
impose on him the appropriate disciplinary
penalty as a member of the Philippine Sharia
Bar
4
FACTS

⋄ Melendrez alleges that Meling did not disclose

in his Petition to take the 2002 Bar
Examinations that he has three (3) pending
criminal cases Meling had 3 pending criminal
cases; 2 GRAVE ORAL DEFAMATION & LESS
SERIOUS PHYSICAL INJURIES

5
FACTS

⋄ Melendrez alleges that Meling has been using

the title Attorney in his communications, as
Secretary to the Mayor of Cotabato City,
despite the fact that he is not a member of the
Bar Meling uses the title of ATTORNEY in his
communications, even though he is not a
member of the BAR.
6
FACTS

⋄ Meling explains that he did not disclose the criminal

cases filed against him by Melendrez because retired
Judge Corocoy Moson, their former professor, advised
him to settle his misunderstanding with Melendrez.
Moreover, Meling denies the charges and adds that the
acts complained of do not involve moral turpitude.
⋄

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Issue:
Can the non-disclosure of
pending criminal cases violates
good moral character?

8
⋄ “
It has been held that good moral character is what a person
really is, as distinguished from good reputation or from the
opinion generally entertained of him, the estimate in which he
is held by the public in the place where he is known. Moral
character is not a subjective term but one which corresponds to
objective reality. The standard of personal and professional
integrity is not satisfied by such conduct as it merely enables a
person to escape the penalty of criminal law. Good moral
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character includes at least common honesty
 “
⋄ The non-disclosure of Meling of the criminal cases
filed against him makes him also answerable under
Rule 7.01 of the Code of Professional Responsibility
which states that a lawyer shall be answerable for
knowingly making a false statement or suppressing a
material fact in connection with his application for
admission
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to the bar.
 “
⋄ The non-disclosure of Meling of the criminal cases
filed against him makes him also answerable under
Rule 7.01 of the Code of Professional Responsibility
which states that a lawyer shall be answerable for
knowingly making a false statement or suppressing a
material fact in connection with his application for
admission
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to the bar.
RULING

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⋄ “
Practice of law, whether under the regular or the Sharia Court, is
not a matter of right but merely a privilege bestowed upon
individuals who are not only learned in the law but who are also
known to possess good moral character. The requirement of good
moral character is not only a condition precedent to admission
to the practice of law, its continued possession is also essential
for remaining in the practice of law The requirement of good
moral character is not only a condition precedent to admission
to the practice of law, its continued possession is also essential
13
for remaining in the practice of law.
IN THE MATTER OF THE ADMISSION TO THE
BAR AND OATH-TAKING OF SUCCESSFUL BAR
APPLICANT AL C. ARGOSINO, petitioner
FACTS

⋄ A criminal information was filed charging Mr. A.C. Argosino

along with thirteen (13) other individuals, with the crime of
homicide in connection with the death of one Raul Camaligan
on 8 September 1991. The death of Raul Camaligan stemmed
from the infliction of severe physical injuries upon him in the
course of "hazing" conducted as part of university fraternity
initiation rites. Death of Camaligan stemmed from the
infliction of severe physical injuries in the course of hazing.

15
FACTS

⋄ Mr. Argosino filed a Petition for Admission to Take the 1993 Bar
Examinations. In this Petition, he disclosed the fact of his
criminal conviction and his then probation status. He was
allowed to take the 1993 Bar . He passed the Bar Examination.
He was not, however, allowed to take the lawyer's oath of office

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Issue:
Can Argosino be allowed to take
the attorney’s oath of office and
admit him to the practice of law?

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RULING

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⋄ “
The practice of law is not a natural, absolute or constitutional
right to be granted to everyone who demands it. Rather, it is a
high personal privilege limited to citizens of good moral
character, with special educational qualifications, duly
ascertained and certified.

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⋄ “
It is something more than an absence of bad character. It is the
good name which the applicant has acquired, or should have
acquired, through association with his fellows. It means that he
must have conducted himself as a man of upright character
ordinarily would, or should, or does. Such character expresses
itself, not in negatives nor in following the line of least
resistance, but quite often, in the will to do the unpleasant
thing if it is right, and the resolve not to do the pleasant thing if
it is wrong.
20
...
⋄ “
Mr. Argosino and his co-accused had failed to discharge their moral
duty to protect the life and well-being of a "neophyte" who had, by
seeking admission to the fraternity involved, reposed trust and
confidence in all of them that, at the very least, he would not be beaten
and kicked to death like a useless stray dog. Thus, participation in the
prolonged and mindless physical beatings inflicted upon Raul
Camaligan constituted evident rejection of that moral duty and was
totally irresponsible behavior, which makes impossible a finding that the
participant was then possessed of good moral character
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 ⋄ “
We stress that good moral character is a requirement
possession of which must be demonstrated not only at the time
of application for permission to take the bar examinations but
also, and more importantly, at the time of application for
admission to the bar and to take the attorney's oath of office

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PATRICK A. CARONAN, Complainant
vs.
RICHARD A. CARONAN a.k.a. "ATTY. PATRICK
A. CARONAN," Respondent
FACTS

⋄ Complainant and respondent are siblings born to Porferio2 R.

Caronan, Jr. and Norma A. Caronan. Respondent is the older of
the two, having been born on February 7, 1975, while
complainant was born on August 5, 1976.

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Patrick Caronan
Enrolled at the University of Makati
where he obtained a degree in Business
Administration in 1997.6 He started
working thereafter as a Sales Associate
for Philippine Seven Corporation (PSC),
the operator of 7-11 Convenience Stores..
25
Richard Caronan
Upon graduating from high school,
respondent enrolled at the Pamantasan
ng Lungsod ng Maynila (PLM), where he
stayed for one (1) year before
transferring to the Philippine Military
Academy (PMA) in 1992. He was
discharged from the PMA and focused
on helping their father in the family's car
rental business.
FACTS

⋄ their mother informed Patrick that Richard passed the Bar

Examinations and that he used Patrick’s name and college
records from the University of Makati to enroll at St. Mary's
University's College of Law in Bayombong, Nueva Vizcaya and
take the Bar Examinations.14 Patrick brushed these aside as he
did not anticipate any adverse consequences to him Mother
informed Patrick that Richard passed the Bar Examinations
and he used Patrick’s college records to enrol in St. Mary’s
College of Law.

26
FACTS

⋄ Patrick later learned that the reason why he was invited by the
NBI was because of respondent's involvement in a case for
qualified theft and estafa filed by Mr. Joseph G. Agtarap
(Agtarap), who was one of the principal sponsors at
respondent's wedding

27
FACTS

⋄ Patrick later learned that the reason why he was invited by the
NBI was because of respondent's involvement in a case for
qualified theft and estafa filed by Mr. Joseph G. Agtarap
(Agtarap), who was one of the principal sponsors at
respondent's wedding

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FACTS

⋄ respondent denied all the allegations against him and

invoked res judicata as a defense. He maintained that his
identity can no longer be raised as an issue as it had already
been resolved in CBD Case No. 09-2362 where the IBP Board of
Governors dismissed30 the administrative case31 filed by
Agtarap against him, and which case had already been
declared closed and terminated by this Court

29
Issue:
⋄ whether or not the IBP erred in ordering
that: (a) the name "Patrick A. Caronan" be
stricken off the Roll of Attorneys; and (b) the
name "Richard A. Caronan" be barred from
being admitted to the Bar.
⋄ Name Patrick Caronan be stricken off in the
Roll of Attorneys as well as the name of
Richard Caronan be barred from being
admitted to the Bar. 30
RULING

31
⋄ “
complainant has established by clear and overwhelming
evidence that he is the real "Patrick A. Caronan" and that
respondent, whose real name is Richard A. Caronan, merely
assumed the latter's name, identity, and academic records to
enroll at the St. Mary's University's College of Law, obtain a
law degree, and take the Bar Examinations

32
⋄ “
IBP was also correct in ordering that respondent, whose real
name is "Richard A. Caronan," be barred from admission to the
Bar. Under Section 6, Rule 138 of the Rules of Court, no
applicant for admission to the Bar Examination shall be
admitted unless he had pursued and satisfactorily completed a
pre-law course

33
⋄ “
Section 6. Pre-Law. - No applicant for admission to the bar examination
shall be admitted unless he presents a certificate that he has satisfied the
Secretary of Education that, before he began the study of law, he had
pursued and satisfactorily completed in an authorized and recognized
university or college, requiring for admission thereto the completion of a
four-year high school course, the course of study prescribed therein for a
bachelor's degree in arts or sciences with any of the following subject as
major or field of concentration: political science, logic, english, spanish,
history, and economics.
34
 ⋄ “
However, his false assumption of his brother's name, identity, and
educational records renders him unfit for admission to the Bar. The practice
of law, after all, is not a natural, absolute or constitutional right to be
granted to everyone who demands it.57 Rather, it is a privilege limited to
citizens of good moral character.

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⋄ “
Good moral character is what a person really is, as distinguished from good
reputation or from the opinion generally entertained of him, the estimate in
which he is held by the public in the place where he is known. Moral
character is not a subjective term but one which corresponds to objective
reality. The standard of personal and professional integrity is not satisfied
by such conduct as it merely enables a person to escape the penalty of
criminal law. Good moral character includes at least common honesty.

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