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[B.M. No. 832.

November 27, 2001]

IN RE: MATTER OF ADMISSION TO THE BAR AND OATH-TAKING OF SUCCESFUL


BAR APPLICANT TULIAO et al.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 27
2001.

B.M. No. 832 (In Re: The Matter of Admission to the Bar and Oath-Taking of Successful
Bar Applicant Blas Antonio M. Tuliao, Blas Antonio M. Tuliao, petitioner.)

Submitted for resolution is a petition of Blas Antonio M. Tuliao, filed on January 7, 1998,
seeking to take the lawyer's oath. Petitioner Tuliao passed the bar examinations
administered in 1996.The Court, however, deferred his oath taking due to his previous
conviction for Reckless Imprudence Resulting in Homicide in 1993.

On January 20, 1992, petitioner and his seven (7) other fraternity brothers were
originally charged with Homicide for the death of Raul Camaligan before the Regional
Trial Court of Quezon City, Branch 81.Petitioner and his fraternity brothers were, at the
time, students at the San Beda College of Law and members of the Lex Taliones
Fraternitas. Camaligan was among their new recruits when he met his untimely death at
the hands of his would-be fraternity brothers during the initiation rites. Petitioner and
his seven (7) co-accused, among whom were Al C. Argosino and Arthur M. Cuevas, Jr.,
later withdrew their original plea of not guilty and upon re-arraignment pleaded guilty
to the lesser charge of Reckless Imprudence Resulting in Homicide. On January 11,
1993, the trial court convicted all the eight (8) accused including herein petitioner
Tuliao and imposed the penalty of imprisonment of two (2) years and four (4) months
and one (1) day to four (4) years for each of them.

Incidentally, the hazing incident, subject of said criminal case, happened before the Anti
Hazing Law (R.A. No. 8049) took effect on September 15, 1998.The plea bargaining of
petitioner Tuliao and his co-accused as well as the rendition of the judgment of the trial
court in that case also happened before the Supreme Court enacted on August 11,
1998 Circular No. 38-98 providing that the accused, with the consent of the offended
party and the prosecutor, can only plead guilty to a lesser offense provided the lesser
offense is necessarily included in the offense charge.

Petitioner later applied for probation which was granted by the trial court.On July 7,
1995, he was discharged from probation and the case against him was ordered closed
and terminated.

In 1996, petitioner was allowed by the Court to take the bar examinations subject to the
condition that should he pass the same, he shall not be allowed to take the lawyer's
oath until further orders by the Court. Petitioner successfully hurdled the bar
examinations given in 1996.

On January 7, 1998, petitioner filed the present petition to allow him to take the
lawyer's oath on the basis that "he is now in possession of good moral character and
that he has reformed his life after conviction for Reckless Imprudence Resulting in
Homicide."

In support of his petition, petitioner presented certifications from individuals who are of
known probity and integrity and who had known him for a significant period of
time.Among those who issued certifications and vouched for the good moral character
of petitioner were: (1) Archbishop Diosdado A. Talamayan 1 Annex "B", Records, p. 6. (2)
Rev. Msgr. Marcelo C. Bassig 2 Annex "C", Records, p. 8. (3) Bro. Pete Calucag 3Annex
"D", Records, p. 9. (4) Dean Raymundo A. Briones 4Annex "E", Records, p. 10. (5) Atty.
Teofilo E. Untalan 5Annex "G", Records, p. 13. (6) Retired Justice Oscar R.
Victoriano 6Annex "H", Records, p. 14. (7) Judge Pedro R. Santiago 7 Annex "I", Records,
p. 15.And (8) Atty. Enrico G. Gilera. 8 Annex "J", Record, p. 16.

Petitioner likewise invited the attention of this court to the fact that he and his seven (7)
co-accused and the family of the deceased Raul Camaligan established a scholarship
foundation known as the Raul Camaligan Scholarship Foundation.

Finally, petitioner presented a certification 9 Annex "F", Records, p. 12. from the
Commission on Human rights led by chairperson Aurora P. Navarette-Recina
commending his performance in said office as "Attorney III."The Commission noted that
petitioner "has performed and continued with zeal in his endeavor to provide excellent
legal service to the underprivileged." The Commission added has exhibited true
advocacy for human rights while showcasing the nobility of an officer of the court and
that his admission to the bar "will all the more maximize his potentials and thus be an
asset to the profession."

On February 3, 1998, We required Atty. Gilbert Camaligan, the father of the deceased
Raul Camaligan, to comment within ten (10) days from notice.

Atty. Camaligan, in his comment, stated that, as a Christian, he has forgiven the
petitioner and his co-accused in the criminal case for the death of his son. However, he
stated that he was not in a position to determine whether petitioner has become
morally fit for admission to the noble profession of the law. He submitted the matter to
the sound and judicious discretion of the Court.

On March 2, 2000, Deputy Clerk of court and Bar Confidant, Atty. Erlinda C. Versoza,
recommended that petitioner Tuliao be allowed to take the lawyer's oath. 10 Records,
pp. 25-28. She noted that petitioner had been discharged from probation by the trial
court of Quezon City as early as July 7, 1995 and that the case against him has been
ordered closed and terminated. Moreover, his two (2) co-accused, Al C. Argosino and
Arthur M. Cuevas, Jr. have been allowed to take the lawyer's oath on March 19, 1997
and January 27, 1998 respectively.

The Committee on Legal Education, which was required by this Court to submit a report
and recommendation, likewise gave a favorable recommendation 11 Report and
Recommendation of the Committee on Legal Education, Rollo, pp. 39-40. for petitioner
anchored mainly on the ground of fairness, equal treatment and protection. The
Committee opined that since petitioner's said two (2) co-accused in the criminal case
have been allowed to take the lawyer's oath, there was no reason to accord a different
treatment to petitioner.

Petitioner's discharge from probation without any infraction of the attendant conditions
therein and the various certifications attesting to his good moral character and civic
consciousness show that petitioner Tuliao has sufficiently proven that he is now morally
fit to be admitted to the Bar and to take the lawyer's oath. In allowing petitioner Tuliao
to take the lawyer's oath, the Court recognizes that petitioner Tuliao is not inherently of
bad moral fiber. He has also taken decisive steps to atone for the unfortunate death of
Raul Camaligan.

It is significantly noted that the case of petitioner Tuliao arose out of the same hazing
incident as that of Al C. Argosino and Arthur M. Cuevas, Jr. who have been allowed by
this Court to take the lawyer's oath on March 19, 1997 12 Re: Petition of Al Argosino To
Take The Lawyer's Oath, Bar Matter No. 712, March 19, 1997, 270 SCRA 26. and January
27, 1998, 13 In Re: Petition To Take The Lawyer's Oath By Arthur M. Cuevas, Jr., Bar
Matter No. 810, January 27, 1998, 285 SCRA 59. respectively. The dispensation of justice
should be even-handed and consistent.

Petitioner Tuliao is reminded that the lawyer's oath is not a mere formality for entering
the noble profession of the law. He is exhorted to conduct himself beyond reproach at
all times and to live in accordance with the lawyer's oath and to abide by the Code of
Professional Responsibility. As a new lawyer, he is advised to be a man for others, ready
and willing to render legal and other services to the less fortunate among our people.

IN VIEW OF ALL THE FOREGOING, the Court hereby resolves to GRANT the petition,
and to ALLOW petitioner Blas Antonio M. Tuliao 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. Buena, J., abroad on official business.

Very truly yours,


LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D.
VILLARAMA
Asst. Clerk of Court

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