IN RE: PETITION TO TAKE THE LAWYER'S OATH BY ARTHUR M. CUEVAS, JR.
B.M. No. 810 January 27, 1998
IN RE:
PETITION TO TAKE THE LAWYER'S OATH BY ARTHUR M. CUEVAS, JR.
Facts:
Petitioner
Arthur Cuevas Jr., passed the 1996 Bar exam.
His oath taking was held in abeyance in view of the Court's resolution
which permitted him to take the Bar Exams subject to the condition that should
he pass the same he shall not be allowed to take the lawyer's oath pending
approval of the court. This resolution
was due to his previous conviction for Reckless Imprudence resulting in
Homicide. The conviction stemmed from
Cuevas' participation in the hazing of his fraternity. Petitioner applied for
and was granted probation. He was later
discharged from probation and his case considered closed and terminated.
Cuevas nowthat
he be allowed to take the lawyer's oath at the court's most convenient time.
Issue:
W/n Cuevas
should be allowed to take the lawyer’s oath...
Held:
YES.
His
deliberate participation in the senseless beatings over a helpless neophyte
shich resulted to the latter's untimely demise indicates absence of that moral
fitness required for admission to the bar.
The court nonetheless is willing to give Cuevas a chance in the same
manner that it recently allowed Al Caparros Argosino (case sa legprof),
petitioner's co-accused below, to take the lawyer's oath.
His
discharge from probation without any infraction of the attendant conditions
therefor and the various certification attesting to his righteous peaceful and
civic-oriented character prove that he has taken decisive steps to purge
himself of his deficiency in moral character.
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