Good Moral Character as a Prerequisite to Bar Admission | Supervision and Control of the Legal Profession | Practice of Law | LEGAL ETHICS

GOOD MORAL CHARACTER AS A PREREQUISITE TO BAR ADMISSION (PHILIPPINES)

In Philippine jurisprudence and practice, the requirement of good moral character is one of the most critical prerequisites for admission to the Bar. This principle is rooted in both constitutional and statutory provisions, as well as in a long line of Supreme Court decisions. Below is a comprehensive discussion of its legal basis, scope, and implications.

1. CONSTITUTIONAL AND STATUTORY BASIS

  1. Constitutional Foundation

    • 1987 Constitution, Article VIII, Section 5(5) grants the Supreme Court the power to “promulgate rules concerning the admission to the practice of law.” This constitutional mandate provides the bedrock upon which the Supreme Court regulates the qualifications of those seeking to become lawyers.

  2. Rules of Court

    • Rule 138 of the Rules of Court in the Philippines governs the admission to the Bar.
      • Section 2 sets forth the general qualifications: the applicant must be a citizen of the Philippines, at least twenty-one (21) years of age, and must show that he or she has the requisite educational background.
      • Section 2 also implicitly requires good moral character, for it states that every applicant for admission to the Bar shall produce certificates of good moral character from at least two reputable members of the Bar, as well as from the dean of the law school the applicant attended (or an equivalent competent authority).

  3. Code of Professional Responsibility and Supreme Court Circulars

    • Although the Code of Professional Responsibility (CPR) is primarily directed at lawyers already admitted to the Bar, it underscores the importance of upholding the highest standards of morality, honesty, and integrity, beginning with admission.
    • The Supreme Court has issued various circulars and decisions reiterating that good moral character must be possessed not only at the time of application but must also be maintained throughout one’s legal career.

2. NATURE AND IMPORTANCE OF THE REQUIREMENT

  1. “Privilege, Not a Right”

    • Repeatedly, the Supreme Court has emphasized that “the practice of law is a privilege bestowed upon those who meet and continue to meet the standards of legal competence and moral fitness.” It is not a constitutional right; it is a privilege regulated by the State through the Supreme Court.
    • Because it is a privilege, strict compliance with the requirements, including good moral character, is mandatory and non-negotiable.

  2. Continuing Requirement

    • Good moral character is not only at the point of admission but is a continuing requirement. Even after one passes the Bar Examinations and takes the Lawyer’s Oath, the Supreme Court may disbar or suspend a lawyer for any misconduct or moral turpitude occurring before or after admission.
    • Thus, if an applicant had engaged in activities reflecting questionable moral character prior to admission, the Court may deny admission. If misconduct surfaces after admission, the lawyer may be subjected to administrative sanctions.

  3. Degree of Proof Required

    • The burden rests upon the applicant to convincingly show that he or she possesses good moral character. Certificates from reputable attorneys or law school deans are required to affirm the applicant’s good moral standing. However, the Supreme Court has the prerogative to look beyond these certifications and conduct an independent inquiry if doubts arise.

3. DEFINING “GOOD MORAL CHARACTER”

  1. Meaning in Philippine Jurisprudence

    • The term “good moral character” is not rigidly defined but is understood to include qualities of honesty, fairness, respect for the rights of others, and adherence to the law.
    • Acts involving moral turpitude — i.e., an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted rule of right and duty between man and man — are strong indicators of the lack of good moral character.

  2. Crimes Involving Moral Turpitude

    • While no exclusive list exists, crimes such as theft, estafa, falsification, perjury, bribery, and other offenses entailing fraud or deceit typically reflect moral turpitude.
    • If the applicant has a criminal conviction involving moral turpitude, the Supreme Court often treats that as presumptive evidence of lack of good moral character, though rehabilitative circumstances may sometimes be considered.

  3. Dishonesty and Misrepresentation

    • Even outside criminal convictions, acts of dishonesty — such as falsifying academic records, cheating in examinations, or making material misrepresentations on the Bar application — are grounds for denial of admission to the Bar or later disbarment.
    • The Supreme Court places paramount importance on honesty and integrity because of the trust reposed by clients, courts, and the public in the legal profession.

4. RELEVANT JURISPRUDENCE

  1. In re: Parcasio

    • Emphasized that the Supreme Court’s power to pass upon the fitness of an applicant is plenary; the applicant’s moral character is scrutinized with exacting standards.

  2. In re: Argosino

    • Held that repeated instances of dishonesty in the academic and personal background of an applicant constitute sufficient grounds to deny admission.

  3. In re: Rivera

    • Demonstrated that even after passing the Bar, if it is later discovered that the new lawyer committed misconduct prior to admission, the Supreme Court can recall his or her admission and strike off the name from the Roll of Attorneys.

  4. Tapucar v. Tapucar (an example often cited)

    • Though involving marital discord, it touched on how personal conduct can reflect on moral fitness, illustrating that the Court may look into personal and family issues if they involve dishonesty, deceit, or violence.

  5. In the Matter of the Disqualification of Bar Examinee “X”

    • The Supreme Court has disqualified examinees for cheating or for engaging in conduct involving moral turpitude, emphasizing that honesty is the hallmark of good moral character essential for law practice.

5. PROCESS OF DETERMINATION

  1. Application Stage

    • When applying to take the Bar Examinations, the applicant must submit:
      • A certificate of good moral character from the dean of the law school.
      • Certificates from two (2) or more reputable members of the Bar stating that the applicant has a clean record and impeccable moral standing.
    • The Office of the Bar Confidant (OBC) within the Supreme Court examines the documents and can conduct further investigation or require additional proof.

  2. Admissions Stage

    • Even after passing the Bar Examinations, the Supreme Court can conduct final interviews or require an additional hearing if serious questions about character are raised.
    • Successful completion of the Bar Examinations does not guarantee admission if credible evidence emerges that the candidate lacks good moral character.

  3. Remedies and Review

    • If an application is denied, the candidate may move for reconsideration or show proof of rehabilitation in certain cases. However, the Supreme Court has broad discretion and is rarely reversed in its factual determinations regarding moral fitness.
    • A subsequent demonstration of genuine repentance and an unblemished record for a substantial period may sometimes lead to reconsideration (although this is quite rare and is decided on a strict case-by-case basis).

6. CONSEQUENCES OF LACK OF GOOD MORAL CHARACTER

  1. Denial of Admission

    • If the Supreme Court determines that the applicant has not met the good moral character standard, the person is not allowed to take the Lawyer’s Oath and is effectively barred from the practice of law.

  2. Revocation of Admission (Disbarment)

    • Good moral character is a continuing obligation. A lawyer found guilty of misconduct reflecting moral turpitude can be disbarred (stricken off the Roll of Attorneys) or suspended from the practice of law.
    • Disbarment or suspension are imposed to protect the public, maintain the integrity of the profession, and preserve confidence in the legal system.

  3. Administrative, Civil, and Criminal Liabilities

    • If the lapse in moral character also constitutes a violation of laws (e.g., estafa, bribery), the lawyer or applicant may face administrative liabilities before the Supreme Court or Integrated Bar of the Philippines (IBP), civil liability for damages, and even criminal prosecution.

7. INSIGHTS AND PRACTICAL POINTERS

  1. Early Formation of Character

    • Law students are advised to be mindful of their conduct not only during law school but also before entering law school, as past misconduct can surface and jeopardize their Bar admission.

  2. Full Disclosure

    • Applicants must make full disclosures in their Bar application forms. Any concealment or misrepresentation, even on “minor” matters, can be fatal to one’s admission.
    • The Supreme Court has consistently penalized “lack of candor,” reinforcing the notion that honesty is integral to good moral character.

  3. Certificates of Good Moral Character

    • The certificates from legal practitioners or academicians are not mere formalities. The Supreme Court places substantial weight on them, provided the certifying attorneys or deans have personal knowledge of the applicant’s moral fitness.
    • These certificates, however, do not create an irrebuttable presumption of good moral character; the Supreme Court may still inquire beyond these statements if there are lingering doubts.

  4. Rehabilitation and Second Chances

    • Although “once tainted, always suspect” is often the harsh reality, the Court has on rare occasions recognized rehabilitation — requiring clear, convincing evidence of reform and rectitude over a sustained period.
    • Successful demonstration of rehabilitation is extremely stringent and is assessed on a case-by-case basis with the overarching goal of preserving the integrity of the Bar.

8. CONCLUSION

Good moral character stands at the core of the legal profession in the Philippines. Grounded in both the Constitution and the Supreme Court’s rule-making power, this requirement ensures that individuals who don the lawyer’s robe embody honesty, integrity, and responsibility. The Supreme Court, as the guardian of the profession, exercises meticulous supervision and control over Bar admissions to protect the public and maintain the dignity of the Bar.

For aspiring lawyers, demonstrating good moral character starts long before they take the Bar Examinations, and it remains a constant obligation throughout their professional lives. The path to becoming an attorney in the Philippines, therefore, is not just about legal acumen and passing difficult examinations — it is equally about holding oneself to the highest ethical standards as demanded by the Supreme Court and society at large.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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