7/27/2019 IN RE ARGOSINO.doc

http://slidepdf.com/reader/full/in-re-argosinodoc 1/1

Canon 1 - Duty to uphold the Constitution and Obey the Law  Crimes involvingmoral turpitude

Case: IN RE: AL ARGOSINO

NATURE: petition to take the lawyers oath

FACTS:

1. Al Argosino passed the bar exams in 1993. The court however deferred his oath taking due to his previous conviction for RecklessImprudence Resulting to Homicide.

a. Conviction, arose from the death of a neophyte duringfraternity initiation rites sometime in September 1991.Petitioner and 7 others initially entered pleas of not guilty tohomicide charges. But, upon re-arraignment, all pleadedguilty to reckless imprudence resulting in homicide. Eachwere sentenced 2 years, 4 months and 1 day to 4 years.

2. On 18 June 1993, the trial court granted Al’s application for probation.

3. On 11 April 1994, the trial court issued an order approving theProbation Officer's recommendation on Al’s discharge fromprobation.

4. On 14 April 1994, Al filed a petition to be allowed to take thelawyer’s oath based on the order of his discharge from probation.

5. On 13 July 1995, the Court required Argosino to submit evidencethat he may now be regarded as complying with the requirement of good moral character imposed upon those seeking admission tothe bar.

6. Al submitted certifications by 2 senators, 5 trial court judges, and 6members of religious orders. He, also stated that a scholarship

foundation was established in honor of the hazing victim, through joint efforts of the latter’s family and the other accused.7. On 26 September 1995, the Court required Atty. Gilbert Camaligan,

father of he neophyte, to comment on Al’s prayer to be allowed totake the lawyer’s oath.

a. He still believes that the infliction of severe physical injuries,which led to the death of his son, was deliberate rather thanaccidental. The offense was not only homicide but murder since the accused took advantage of the neophyte’shelplessness implying abuse of confidence, takingadvantage of superior strength and treachery.

b. He consented to the accused’s plea of guilt to the lesser offense of reckless imprudence resulting in homicide only

out of pity for the mothers of the accused and a pregnantwife of one of the accused who went to their house onChristmas Day 1991 and Maundy Thursday 1992, literallyon their knees, crying and begging for forgiveness andcompassion. They also told him that the father of one

accused had died of a heart attack upon learning of hisson’s involvement in the incident.c. As a Christian, he has forgiven petitioner and his co-

accused. However, as a loving father who had lost a sonwhom he had hoped would succeed him in his law practice,he still feels the pain of an untimely demise and the stigmaof the gruesome manner of his death.

d. He is not in a position to say whether petitioner is nowmorally fit for admission to the bar. He therefore submits thematter to the sound discretion of the Court.

Dispositive: ALLOWED to take the lawyer’s oath, to sign the Roll of  Attorneys and, to practice the legal profession

HELD:1. In allowing Al to take the lawyer’s oath, the Court recognizes that Al

is not inherently of bad moral fiber. On the contrary, the variouscertifications show that he is a devout Catholic with a genuineconcern for civic duties and public service.

2. The Court is persuaded that Al has exerted all efforts to atone for the death of Raul Camaligan. We are prepared to give him thebenefit of the doubt, taking judicial notice of the general tendency

of youth to be rash, temerarious and uncalculating .3. We stress to Al that the lawyer’s oath is NOT a mere ceremony or formality for practicing law. Every lawyer should at ALL TIMESweigh his actions according to the sworn promises he makes whentaking the lawyer’s oath. If all lawyers conducted themselves strictlyaccording to the lawyer’s oath and the Code of ProfessionalResponsibility, the administration of justice will undoubtedly befaster, fairer and easier for everyone concerned.

4. The Court sincerely hopes that Al will continue with the assistancehe has been giving to his community. As a lawyer he will now be ina better position to render legal and other services to the more

unfortunate members of society.