April 4, 2016

Mr. Simplicio Medroso

Sen. Gil Puyat Ave.
Makati City
Dear Mr. Medroso,
This legal opinion seeks to know what potential objections that you can make against Miguel Jactar s
admission to practice the law.
The Facts
Miguel Jactar, a fourth year law student, drove his car recklessly and hit the rear car of your vehicle.
Instead of stopping, Jactar accelerated and sped away. However, you caught up with him at an intersection. During
your confrontation with Miguel Jactar, he dared to sue you and bragged about his connections with the court and
uttered veiled threats. During the police investigation, you learned that Miguel Jactar was reviewing for the Bar
examinations.
Applicable law and Applicable Jurisprudence
Rules of Court: Rule 13 section 2 which provides:
Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of
age, of good moral character, and resident of the Philippines; and must produce before the Supreme Court satisfactory
evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines.

Canon 15 of Code of Professional Responsibility - Rule 15.06 provides that:

A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body

Revised Penal Code - Article 283

Light threats. - Any threat to commit a wrong not constituting a crime, made in the manner expressed in
subdivision 1 of the next preceding article, shall be punished by arresto mayor.

The first aforementioned rule given, stated in the rules of court provides the requirements for all applicants
for admission to the bar. It pertains to the citizenship, residence, age and the characteristic that one should possess,
the rule specifically talks about the good moral character that he should have. Such character is needed for a person
not to be involved with the crime which should not be committed by a person who aims to be a member of the bar.
Good moral character is an evaluation of a persons moral qualities, it is an assumption on what kind a person really
is, its behaviour and how good is he to carry out task honestly. Good moral character includes at least common
honesty1. It is where a person became distinct from another. The practice of legal profession became distinct from
others when it requires that a person who wants to be admitted to the bar needs to be a person of good moral
character. The law does not define the term good moral character, nor does it lay the criteria for determining its
meaning. It has been said the term, in itself, is ambiguous and susceptible to as many definitions as there are persons
defining it, and that such vague qualification, which is easily adapted to personal views and predilections, can be a
dangerous instrument for arbitrary and discriminatory denial of the privilege to practice. 2 It has been held that good
moral character is what a person really is, as distinguished from good reputation or from the opinion generally
entertained of him, the estimate in which he is held by the public in the place where he is known.3
The practice of law does not include influence-peddling. It reminds lawyers and clients alike that influencepeddling is highly unethical and may constitute violation of the provisions of the Anti-graft and Corrupt Practices
Acts.

Considering the fact that Jactar is not yet even a lawyer, bragging about his connections with the courts

would be a violation to the second rule mentioned pertaining to the code of professional responsibility of a lawyer.
There will be a tendency, if he is admitted to practice law, that he will use his connection even more to influence the
authorities to successfully win the case.
Conclusion

1In Re: Petition To Take The Bar Matter No. 1209 Lawyer's Oath (2013).

2 Konegsberg vs. State Bar of California 366 U.S. 36 (1961).

3 In Re: Petition To Take The Bar Matter No. 1209 Lawyer's Oath (2013).

4 RUBEN AGPALO, LEGAL AND JUDICIAL ETHICS (8th ed. 2009).

Good character is an essential qualification for admission of an attorney to practice, when the
attorney's character is bad in such respects as to show that he is unsafe and unfit to be entrusted with the
powers of an attorney, the courts retain the power to discipline him5.Moral character is not a subjective term but
one which corresponds to objective reality6. The requirement of good moral character is not only a condition
precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice
of law.7 Good moral character is a continuing requirement, good moral character is not only a condition precedent
for admission to the legal profession, but it must also remain intact 8. In your case, Jactar has acted in a manner that
has violated the private and social duties which a man owes to his fellowmen or to society in general, contrary to the
accepted and customary rule of right and duty between man and man.9
The practice of the law is not an absolute right to be granted everyone who demands it, but is a privilege to
be extended or withheld in the exercise of a sound discretion. 10 The nature of the office of a lawyer requires that he
shall be of good moral character 11. Miguel Jactar seems to lack the characteristic needed in the practice of law, his
manner of recklessly driving, bragging about the connections that he had and threatening to sue you shows that he is

5 Piatt v. Abordo, 58 Phil. 350 1933.

6 In Re: Petition To Take The Bar Matter No. 1209 Lawyer's Oath (2013).

7 Leda v. Tabang, 206 SCRA 395 (1992).

8 Tapucar vs. Tapucar A.C. No. 4148 July 30, 1998.

9 Tak Ng v. Republic, G.R. No. L-13017, 106 Phil. 730, (1959).

10 In re Del Rosario 52 phil 399 (1928).

11 Rayos-Ombac v. Atty. Rayos, Adm. Case No. 2884, January 28, 1998.

morally unfit to the practice of law and such characteristic and acts cannot be tolerated by the bar and let such
person to be part of it.
The Supreme Court and the Philippine Bar have always tried to maintain a high standard for the legal
profession, both in academic preparation and legal training as well as in honesty and fair dealing. The Court and the
licensed lawyers themselves are vitally interested in keeping this high standard; 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.12 And we are in a view that Mr. Jactar will taint the image of the Philippine Bar
because of his moral conduct which will reduce the high standard that the Philippine Bar is maintaining if ever hed
become one.
Recommendation
According to the rules of court, an applicant for admission to the bar must have no charges against him , involving
moral turpitude, have been filed or are pending in any court in the Philippines. Moral turpitude includes everything
which is done contrary to justice, honesty, modesty, or good morals. It involves an act of baseness, vileness, or
depravity in the private duties which a man owed his fellowmen, or to society in general, contrary to the accepted
and customary rule of right and duty between man and woman, or conduct contrary to justice, honesty, modesty, or
good morals.13 In the present case, Jactar dared to sue you and bragged about his connections with the court and
uttered veiled threats which constitute a moral turpitude crime of light threats. Hence, we recommend

that we

should file information of light threats against jactar to prevent him to take the bar examination or to be admitted as
member of philippine bar.
We recommend to you that you should file a complaint to the Philippine Bar, by stating all the acts that he had done
and averring that he lacks the qualification needed to become member of the bar.
We appreciate the opportunity to advise you regarding this matter. Please let me know if you wish to
discuss any of these issues further. Thank you.

12 In re Parazo, 82 Phil. 230 (1948).

13 Barrios v. Martinez A.C. No. 4585. (2004).

Yours Truly,
Aricheta, Paula Joy D.
Marquez, Roi Edqrd D.
Bibliography