Sunday, February 26, 2012

Legal Ethics: Good Moral Character

CARMEN E. BACARRO, Complainant,
vs.
RUBEN M. PINATACAN, Respondent.
Adm. Case No. 559-SBC January 31, 1984

SUPREME COURT
Manila

Legal Ethics: Good Moral Character

Facts: 
This is an administrative case filed against respondent with moral turpitude and immorality. Complainant gave birth to a baby girl named Maria Rochie Bacarro Pinatacan; that because of respondent's betrayal, her family suffered shame, disrepute, moral distress and anxiety; and, that these acts of respondent render him unfit to become a member of the Bar. On the other hand, respondent maintains that even admitting the truth of complainant's allegations, the circumstances of their relationship with each other, does not justify him for disqualification to the practice of law.

Issue: 
WON respondent is entitled to take the lawyers oath despite having a case involving his good moral character

Holding:
Yes, the court allowed Ruben to take the lawyers oath. considering that respondent has legally recognized and acknowledged complainant's child Maria Rochie Bacarro Pinatacan as his own, and has undertaken to give financial support to the said child, We hold that he has realized the wrongfulness of his past conduct and is now prepared to turn over a new leaf. But he must be admonished that his admission to and continued membership in the Bar are dependent, among others, on his compliance with his moral and legal obligations as the father of Maria Rochie Bacarro Pinatacan. 

Ratio:
One of the indispensable requisites for admission to the Philippine Bar is that the applicant must be of good moral character. This requirement aims to maintain and uphold the high moral standards and the dignity of the legal profession, and one of the ways of achieving this end is to admit to the practice of this noble profession only those persons who are known to be honest and to possess good moral character. "As a man of law, (a lawyer) is necessary a leader of the community, looked up to as a model citizen" He sets an example to his fellow citizens not only for his respect for the law, but also for his clean living. Thus, becoming a lawyer is more than just going through a law course and passing the Bar examinations.

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