Dear Atty. Nico,

First of all, I would like to congratulate you for passing the recent Bar examinations. It must be a great feat to be a lawyer and at the same time, an actor. In relation to my query, I have a friend who took the same exam as you did and she hurdled it. The problem is: Someone filed a criminal case of estafa against her and it is currently in the trial stage. Shouldn’t she be allowed to take the oath and sign the rolls of attorney so that she could practice her new profession? Thank you for your time and more success.

Myrrh

Dear Myrrh,

Thank you for your kind words. Congratulations as well to your friend and my batchmate in the Bar examinations.

I am sorry to hear about the predicament she is in at the moment. In response to your question, the answer is “yes”; she may be allowed to take the oath and sign the rolls of attorney, despite the fact that she has been charged criminally.

In the recent jurisprudence of in re: Marivic Antonio Taloma (B.M. No. 4530), the Supreme Court decided in her favor, stating that “it is true that, as quoted above, Rule 138 of the Rules of Court requires all applicants for admission to the Bar to produce before the Court evidence that no charges against them, involving moral turpitude, have been filed or are pending in any court in the Philippines.

This requirement, however — like all acts of any branch of the government — has to be read and understood   consistently with Constitution in order to remain valid… Section 2, Rule 138 of the Rules of Court, therefore, has to be construed consistently with the Constitution, and in particular with the constitutional right to be presumed innocent. This right to be presumed innocent does not just apply to an accused person’s status in the criminal case where his or her innocence is assailed.

Rather, the right requires that the State treat all accused persons as innocent in all of their dealings with the government, despite the filing of a criminal case against, as long as there is no conviction by final judgment.” Applying the same to your friend, she may be allowed to take her oath and sign the rolls of attorneys and become a full-pledged lawyer.

Atty. Nico Antonio