Gentleman:

Quoted hereunder for your information, is a resolution of the Court En Bane dated JAN 21 2003.

Bar Matter No. 1099. (IN RE: PETITION TO TAKE THE LAWYER'S OATH AND SIGN THE. ROLL OF ATTORNEYS (RANDY P. BARENG, Petitioner).)

Before us is the Petition of Randy P. Bareng, Clerk III in Branch 4 of the Metropolitan Trial Court of Manila (MTC), to take his oath as a member of the . Philippine Bar and to sign the Roll of Attorneys.

The antecedent facts of this case are:

Among the cases raffled to the MTC were People of the Philippines vs. Nympha Isaac, Criminal Cases Nos. 322928-322948 for violation of Batas Pambansa Blg. 22. The Court set the trial on October 25, November 4, and 22, 1999, at 9:30 o'clock in the morning. During the October 25, 1999 hearing, Nympha Isaac, the accused in said case, failed to appear without any justifiable reason, prompting the public prosecutor "to move: (a) for the cancellation of the bail bond of the accused; (b) for the arrest of the accused; and (c) for the MTC to proceed with the trial in absentia. The MTC. granted the motion over .the objection of the private prosecutor.1

On November 4, 1999, the next scheduled date of hearing in the. aforementioned criminal -cases, Atty. Arnold F. Españo, the private prosecutor, and the private complainant arrived at the MTC to attend said hearing. The lawyer checked the court's calendar for the day and was surprised to learn that Criminal Cases Nos. 322928-322948 were not included. The accused was in the courtroom. Atty. Españo then inquired from petitioner why Criminal Cases Nos. 322928-322948 were not calendared for the day when the same were previously scheduled for the said day. He also asked if the hearing for the day was .cancelled and if so, why was he not notified of such cancellation. Petitioner replied "May warrant of arrest, di ba pina-aaresto mo kaya hindi sine-set for trial yan." Atty. Españo retorted that in the previous hearing, the prosecution already moved for trial in absentia and the court ruled that trial should proceed on said date [November 4], as scheduled. Petitioner answered back "Wala kaming hearing rig criminal cases ngayon dahil Thursday." Atty. Espano responded "Kayo ang nag-set nito." Petitioner quipped back "Abogado ka, eh hindi mo pala alam ang ginagawa mo, eh ikaw ang abogado at hindi mo pala alam dng ginagawa mo eh ako, clerk ako dito, ikaw, abogado, hindi mo pala alam ang ginagawa mo" Irked by petitioner's reply, Atty. Espano shouted "Masyadong matalas and dila mo ha, ang tinatanong ko bakit hindi naka-set for trial at bakit hindi ako inabiso at huwag mong sasabihin na di ko alam ang ginagawa ko!” Atty. Españo started walking. Out of the courtroom, while his client, still inside the courtroom, heard Annie Grace A. Arreola, the Clerk of Court of the MTC, say: "Masyadong high blood ang lawyer mo, ang lalakas n'yo magpa-aresto eh hindi pala ninyo a/am ang,ginagawa n'yo."2

On November 15, 1999, Atty. Españo filed, with the Office of the Court Administrator, an administrative complaint against Judge Leonardo P. Reyes, Annie Grace A. Arreola and petitioner for unilaterally canceling a previously scheduled trial date for Criminal Cases Nos. 322928-322948 and for disrespectful remarks. The complaint was docketed as OCA-IPI-No. 99-820-MTJ.

In the interim, petitioner took the Bar Examinations on September 2, 9, 16 and 23, 2001. Petitioner was one of the successful examinees therein. However, due to the pendency of the aforementioned administrative complaint filed against him, he was not allowed to take the Lawyer's Oath and sign the Roll of Attorneys.

On March 6, 2002, the Office of the Court Administrator submitted a report with the following recommendation:

"4.That respondent Randy P. Bareng, Clerk III, same court, be likewise found GUILTY of Discourtesy in the Course of Official Duties -and that he be REPRIMANDED therefor with a warning that a repetition of the same or similar acts in the future shall be dealt with more severely."3

Upon the Court Administrator's recommendation, the administrative case was docketed as Arnold F. Españo vs. Annie Grace A. Arreola, et a/., A.M. No. P-00-1385. Thereafter, a formal investigation ensued.

On April 04, 2002 the Office of the Bar Confidant received a Letter-Petition from petitioner requesting that he be allowed to take the Lawyer's Oath and sign the Roll of Attorneys.

On April 23, 2002, this Court issued a Resolution holding in abeyance the oath taking of petitioner pending the resolution of the administrative charge against him.

On October 21, 2002, a Resolution was issued in A.M. No. P-00-1385 reprimanding Annie Grace A. Arreola and petitioner for inefficiency and conduct unbecoming, of a court personnel with a stern warning that the commission of similar acts shall be dealt with more severely.4

On November 11, 2002, petitioner filed a Manifestation and/or Compliance renewing his request that he be allowed to take the Lawyer's Oath and sign the Roll of Attorneys. Petitioner averred that he has "already ingrained in his heart the mandate of the Lawyer's Oath and the Canon of Professional Ethics as well."

On November 19, 2002, the Court issued a Resolution referring the matter to the Office of the Bar Confidant for evaluation, report and recommendation.

On December 10, 2002, the Bar Confidant submitted a Report recommending that petitioner be allowed to take the Lawyer's Oath and to sign the Roll of Attorneys upon payment of the required fees.

The Court finds merit in the petition.

In her Report where she recommended that the petition be granted, the Bar Confidant stated that:

"As found by the Court, petitioner is guilty of inefficiency and conduct unbecoming of a court, personnel. As such, the Court resolved to reprimand petitioner with a stern .warning that the commission of similar acts shall be dealt with more severely.

This petition to take the Lawyer's Oath requires the balancing of the reasons for disallowing petitioner's admission to the noble profession of law. The 'inefficiency' of petitioner and his disrespectful utterances towards a lawyer while in court are conduct unbecoming of a would-be lawyer. However, petitioner should be given a chance considering that the Court had already reprimanded and warned him. Moreover, the almost one year deprivation of the privilege to practice law would be considered-enough penalty for petitioner's misconduct."5

The Court agrees with the recommendation of the Bar Confidant. However, it must be stressed that the practice of law is not a matter of right but merely a privilege bestowed upon individuals who are not only learned in the law but who are also known to possess good moral character.6 In "In Re: Arthur M. Cuevas, Jr., 285 SCRA 5.9 [1998]" the Court held that insofar as the general; public and the proper administration of justice are concerned, the requirement of good moral character is, in fact, of greater importance than the possession .of legal learning; thus all aspects of moral character and behavior may be inquired into in respect of those seeking admission to the bar. Even as petitioner is allowed to take his oath as a lawyer, he must take heed of and pay obeisance to the caveat that:

"x x x a lawyer is expected at all times to uphold the integrity and dignity of the legal profession. As a would be member of the profession charged with the responsibility to stand as a shield in the defense of what is right, exacted from him are such positive qualities of decency, truthfulness and responsibility. To achieve such end, he needs to strive at all times to honor and maintain the dignity of his profession. He shall conduct himself with courtesy, fairness and candor toward his professional colleagues. He shall not use language which is abusive, offensive or otherwise improper."7

IN THE LIGHT OF ALL THE FOREGOING, the Petition is GRANTED. Petitioner Randy P. Bareng is allowed to take the Lawyer's Oath and sign, the Roll of Attorneys on a date to be set by the Court, subject to the payment of appropriate fees. Let this resolution be attached to the Petitioner's personal records in the Office of the Bar Confidant.

Very truly yours,

LUZVlMINDA D. PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Assistant Clerk of Court