In Re: Al C.

Argosino (1997)

Summary Cases:

● In Re: Petition of Argosino to Take the Lawyer's Oath

Subject: Practice of law is a privilege, not a right; Requirement of good moral character in the practice of
law

Facts:

A criminal information was filed charging Al Argocino, along with thirteen others, with the crime of
homicide in connection with the death of Raul Camaligan. The latter’s death stemmed from the infliction
of severe physical injuries in the course of a hazing. They pleaded guilty to the lesser offence of
homicide through reckless imprudence, which was accepted by the court. The court later on granted
their application for probation.

Less than a month later, Mr. Argosino filed a Petition for Admission to Take the 1993 Bar Examinations.
In his petition, he disclosed the fact of his criminal conviction and his then probation status. He was
allowed to take the bar and successfully passed the same. However, he was not allowed to take the
lawyer’s oath of office.

He filed a Petition to allow him to take the oath and to admit him to the practice of law, saying that his
probation period was terminated by virtue of an order.

Held:

Practice of law is a privilege, not a right

1. 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.

2. It is also considered as a privilege burdened with conditions. Refusal to admit an unworthy applicant is
not to punish him for past offense. It is merely an examination to test the person’s fitness.

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Requirement of good moral character in the practice of law

3. The-public policy of our state has always been to admit no person to the practice of the law unless he
covered an upright moral character. The possession of this by the attorney is more important, if anything,
to the public and to the proper administration of justice than legal learning. Legal learning may be
acquired in after years, but if the applicant passes the threshold of the bar with a bad moral character the
chances are that his character will remain bad, and that he will become a disgrace instead of an
ornament to his great calling - a curse instead of a benefit to his community.

4. Mr. Argosino’s participation in the hazing activities certainly fell short of the required standard of good
moral character. He and his companions 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.

5. The court, after careful examination of the case, finally allowed Argosino to take the lawyer’s oath,
sign the Roll of Attorneys and practice the legal profession. The court recognizes that Mr. Argosino is not
inherently of bad moral fiber. He was able to present certifications showing that he is a devout Catholic
with a genuine concern for civic duties and public service.

6. He exerted all efforts to atone for the death of Camaligan. The court was prepared to give him the
benefit of the doubt, taking judicial notice of the general tendency of youth to be reash, temerarious and
uncalculating. The court, in grating the same reminded Argosino that the practice of law is not a mere
ceremony. Every lawyer should at all times weigh his actions according to the sworn promises he makes
when taking the lawyer’s oath.

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