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    Criminal case no hindrance to taking of Bar exam



    Dear PAO,

    I am now in my senior year as a law student and plan to take the Philippine Bar Examinations as soon as I graduate. However, my ex-girlfriend, upon learning of my plan to take the Bar, recently filed a VAWC case against me under Republic Act 9262. May I know whether the case would prevent me from qualifying to take the bar examinations?

    Azzy

    Dear Azzy, In the Philippines, admission to the legal profession requires not only intellectual competency but also moral uprightness. Hence, applicants to the Bar Examinations must satisfy both the academic requirements and the standard of good moral character imposed by the Supreme Court.

    In this regard, Section 2, Rule 138 of the Rules of Court outlines the demand for good moral character from the bar applicants, as follows:

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    “Section 2. Requirements for all applicants for admission to the bar. 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.

    Therefore, as aspiring members to the Bar, applicants must exhibit a higher standard of conduct consistent with honesty, integrity, fairness, and respect for the law.

    Nevertheless, the existence of a criminal case does not automatically prevent a law student from taking the Philippine Bar Examinations. In RE: Petition to take the Lawyer’s Oath and sign the Roll of Attorneys, Marivic Antonio Taloma, B.M. No. 4530 dated December 3, 2025, penned by Associate Justice Alfredo Benjamin S. Caguioa, the Supreme Court held that mere filing of a charge involving moral turpitude against an applicant to the Bar is not a ground for disqualification. Excerpt from the decision reads:

    “To be clear, however, the mere filing alone of a charge involving moral turpitude against an applicant to the Bar is not a ground to disqualify or defer his or her oath-taking. An accusation alone does not constitute proof of guilt. In the same way. that the filing of a criminal case involving moral turpitude against a lawyer does not automatically merit the latter’s suspension from the practice of law, the filing of such a case against an applicant should also not automatically prevent his or her admission to the Bar.

    Given the foregoing, the charge filed against you by your ex-girlfriend does not automatically disqualify you from taking the Bar Examinations. However, your admission to the practice of law is conditioned upon the Supreme Court which has the authority to determine whether the circumstances surrounding your pending case affect your moral fitness to enter the legal profession.

    We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

    Thank you for your continued trust and support.



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