BASIS OF JUDICIAL CLEMENCY AND REINSTATEMENT TO THE PRACTICE OFLAW No specific mention was made as to what authority the power of JUDICIAL CLEMENCY AND REINSTATEMENT. However, the Philippine Constitution provides a broad power to the Supreme Court to Limit, Deny and even grant for the restoration of the privilege of a member of the Bar to practice law. Article VIII, Section 5, (5) provides: "Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court." I. Judicial Clemency What is Judicial Clemency? Clemency, is an act of mercy removing any disqualification, should be balanced with the preservation of public confidence in the courts. The Court will grant it only if there is a showing that it is well merited. Proof of reformation and showing of potential and promise are indispensable. (In Re: Letter of Judge Augustus Diaz. 533 SCRA 534) Purpose: The primary purpose is to seek mercy or benevolence of the Court for the past mistakes. It usually includes requests for reinstatement, commutation of period of sentence or removal of certain disabilities. To whom is it applicable? Here.JC Granted In RE: 2003 BAR EXAMINATIONS ATTY. v. Testimonial Letters and personal letters of certain distinguished individuals were included. As a consequence of his dire acts. there must be a showing of clear remorse of the petitioner of his previous actions. 586 SCRA 373 (2009) Atty. Compassion to the petitioner is warranted. JURISPRUDENCE a. (2013) . DANILO DE GUZMAN. The penalty of disbarment may now be lifted and he be allowed to practice of law. he was later on disbarred. Citing In Re: Carlos S. JUDICIAL CLEMENCY Cases Involving Lawyers. his subsequent track record in public service. Maccarubo vs. it also knows how to show compassion when the penalty imposed has already served its purpose. His achievements as a lawyer would redound to the general good and more than mitigate the stain on his record. petitioner pleaded that he be afforded the same kindeness and compasssion in order that his future may not be perpetually foreclosed. Basa. Petitioner now seeks for Judicial Clemency and Reinstatement to the Bar. or even disbarrement.Judicial Clemency is given to members of the bar. Maccarubo (424 SCRA 42) Re: Petition (For Extraordinary Mercy) of Edmundo Macarubbo. Petitioner submits various endorsements from individuals and entities all attesting to his good moral character. A total of 14 Open Letters. who seeks to be given compassion by the Court to resume his or her previous status prior to suspension. The Court further ruled that while it is ever mindful of its duty to discipline its erring officers. the attestations submitted by his peers in the community and other esteemed members of the legal profession. Danilo De Guzman was stripped his license to practice law for his alleged involvment in the leakage in the 2003 Bar Examination. Among the proof where the Petitioner has sufficiently demonstrated the remorse expected of him. The Court was convinced that petitioner has since reformed and has sincerely reflected on his transgressions. the court laid down the following guidelines in resolving requests for judicial clemency. 801) Respondent has sufficiently shown his remorse and acknowledge his indiscretion in the legal profession and in his personal life. Moreover. Cagayan and thereafter assumed the position of Local Assessment Operations Officer. 5. No. Appointed as Private Secretary to Mayor Enrile. the applicant must. 3. 2012. satisfy the Court that he is a person of good moral character. For resolution is the Petition for Extraordinary Mercy filed by respondent Edmundo Macarubbo who seeks to be reinstated in the Roll of Attorneys.C. 2. Tranquillo Rovero. While the court is ever mindful of its duty to discipline and even remove its errant officers. He asked forgiveness form his childern and maintianed a cordial relationship with them as shown in attached pictures. 126. Diaz.Florence Macarrubo filed a verified complaint for disbarrment agianst Atty. concomitant to it is its duty to show compassion to those who have reformed. There must be a showing of promise as well as potential for public service. The age of the person asking for clemency must show that he still has productive years ahead of him that can be put to good use by giving him a chance to redeem himself. There must be proof of remorse and reformation. alleging that respondent decieved her into marrying him despite his prior subsisting marriage with a certain Helen Esparza. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reformation. December 29. 4. to wit: 1. 1980. respondent filed the instant Petion seeking judicial clemency and reinstatement in the Roll of Attorneys. Citing In Re: Letter of Judge Agustus C. Took active part in socio-civic activities by helping his neighbors and friends who are in dire need. Eight years after or on June 4. Devoted his time to his ailing mother. He was first suspended. A. There must be other relevant factors and circumstances that may justify clemency. (In re: Atty. 101 SCRA 799. Edmundo Macarrubo. . like any other candidate for admission to the bar. then later on meted the punishment of disbarrment. to be reinstated to the practice of law. He was told to seek judicial clemency due to the fact that he was once fined P20. or in an administrative case. JUDICIAL CLEMENCY Cases Involving Judges . A subsequent finding of guilt in an administrative case for the same or similar misconduct will give rise to a strong presumptin of non-reformation.Documents of respondent's reformed ways included 11 affidavits from persons and associations attesting to his reformed ways.JC Granted In Re: Letter of Judge Augustus Diaz. 533 SCRA 534 (2007) Judge Diaz was an applicant for judgeship in one of the vacant Regional Trial Court branches in Metro Manila. where the penalty imposed is at least a fine of more than P10. He requests judicial clemency and. In connection therewith. 2) Sufficent time must have lapsed form the impostion of the penalty to ensure a period of reform. Parish Priest. judges or judges associations and prominent members of the community with proven integrity and probity. b. 5. His petition is GRANTED.The following are disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman: x x x 3. in particular.Disqualification. . These shall include but should not be limited to certifications or testimonials of the officer/s or chapter/s of the IBP. IBP Cagayan chapter. X x x The Court laid down the following guidelines in resolving requests for judicial clemency: 1) There must be proof of remorse and reformation. that he be allowed to “again be nominaterd to one of the vacant branches of the RTC of Metro Manila.000. he still has productive years ahead that could significantly contribute to the upliftment of the law profession and the betterment of society. 3) The age of the person asking for clemency must show that he still has . Rule 4 of the Rules of the JBC provides: "SEC. He claims that this lapse happened only one as a result of “oversight”. Those who have been convicted in any criminal case.000 unless he has been granted judicial clemency. he was interviewed by JBC. At the age of 58. He humbly accepted the verdict of this Court in Alvarez.00 He requested for judicial clemency because the sanction imposed him precludes him from qualifying for a promotion in the Judiciary. His 12 years of service in the judiciary may be taken as proof of his dedication to the institution. Judge Lee has made substantial contributions to legal education. The Court found these standards satisfied in the present case based on the following reasons: First. . Judge Lee is only 51 years old and still has many productive years ahead of him to render judicial service. Judge Lee showed his intent and the effects of his reformation within that short period of time Third. Judge Diaz expressed sincere repentance for his past malfeasance. while only three (3) years have passed since the Court rendered the decision in the case.000. liable for undue delay in deciding cases for which we imposed the penalty of fine of P20. It is sufficient to ensure that he has learned his lesson and that he has reformed. 4) There must be a showing of promise (such as intellectual aptitude. Fourth. Second.productive years ahead of him that can be put to good use by giving him a chance to redeem himself. In re: Former Judge Ralph S. as well as potential for public service. Three years have elapsed since the promulgation of Alvarez. Lee. 5) Ther must be other relevant factors and circumstance that may justify clemency. Judge Lee in his letter expressed his deepest regrets and profound apologies to the Court for his professional shortcomings. The Court applied the guidelines in resolving requests for judicial clemency laid down in In re: Letter of Judge Augustus Diaz. As applied to the case. 580 SCRA 462 (2009) The Court previously found Judge Lee. learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills). Atty. disbarment or any other disabilities has shown strong proofs of . is the remarkable courage and bravery Judge Lee displayed during the floods of tropical storm Ondoy in 2009 when he rescued flood victims in his neighborhood at the risk of his own life. the Court only allowed Justice Reyes to return to private practice and chose not to lift the suspension in holding of public office and he is also not allowed to teach law in MCLE and to become a lecturer in the PHILJA. The granting of these petitions still depends on the discretion of the Court. The penalty of disqualification from appointment to any public office should be lifted so that the opportunity for public service in other fields may be opened to him. Calanog alleges that he has become active in religious and civic activities. In Re: Undated Letter of Mr. 179120.R. Judge Manuel M. Louis C. 239 SCRA 268 (1994) The Court in its decision on July 12. and considering his advanced age. 580 SCRA 107 (2009) Through six letters filed by Retired Justice Ruben T. Castillo vs. Petitioner in Biraogo vs. he has productive years still ahead of him which should not be foreclosed. 1991 found Judge Calanog guilty of immorality and ordered dismissed from the service "with prejudice to his reinstatement or appointment to any public office including a government-owned or controlled corporation. However. Nograles and Limkaichong. For as long as the Court is satisfied that a member of the bar or the bench suffering from suspension. his thirty-five years of service in the government prior to the suspension. Calanog. an exceptional catalytic factor that justifies the grant of clemency despite the lapse of only three (3) years. If his contributions during the four years that he was an RTC judge were any measure of his potentiality for public service. In Re: Emma J. In support of his allegations. he sought the benevolence of the Court to lift his indefinite suspension from the practice of law and disqualification to hold public office. satisfied the guidelines." As proof of his moral regeneration. The Court found that Justice Reyes’ espousal of much regret and sincere apology for the incident. he has submitted testimonials. notwithstanding the criteria and guidelines. and forfeiture of retirement benefits. Biraogo. if any. No. Atty. Reyes. Calanog is a relatively young man of 54.Lastly. The said sanctions were recommended because Justice Reyes was found to have prematurely leaked the ponencia in G. Pacalna.) In the practice of law. It may reinstate him for reasons and upon assurance satisfactory to the court. The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate rules on the admission of applicants to the practice of law. condition. is to place again in a former state. 5(5). (Black's Law Dictionary Free Online Legal Dictionary 2nd Ed. REINSTATEMENT • What is Reinstatement? In general. this is without prejudice to the authority of the Court to impose additional conditions to grant requests for judicial clemency and/or reinstatement. MTTC Marawi City (2013) The Petition for Judicial Clemency filed by respondent Baguinda-Ali A Pacalna is DENIED for lack of merit. [Sec. VIII. reinstatement is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice law. or office. His appeal for clemency is solely anchored on his avowed intention to go back to the judiciary on his personal belief that “he can be x x x an effective instrument in the delivery of justice in the Province Of Lanao del Sur because of his seventeen (17) years of experience. he may be allowed or readmitted to the practice of law. Cases where JUDICIAL CLEMENCY is not granted In the Matter of Petition for Absolute Judicial Clemency of Former Judge Baguinda Ali A. 1987 Philippine Constitution] • Condition in reinstatement . c. to restore to a state or position from which the object or person had been removed.” and on his “promise before the Almighty God and the High Court that he will never repeat the acts or omissions that he had committed as a Judge. Respondent’s petition is not supported by any single proof of his professed repentance. Art.rehabilitation. The Supreme Court has the exclusive authority to reinstate a disbarred or indefinitely suspended lawyer to the office of attorney-at-law. However.” He claims having learned “enough lessons” during the three years he became jobless and his family had “suffered so much because of his shortcoming. so noticeably absent in his earlier pleadings. like a candidate for admission to the bar. satisfy the Court that he is a person of good moral character – a fit and proper person to practice law. Interim suspension includes: • suspension upon conviction of a “serious crime” or. compliance with all applicable discipline or disability orders and rules. prove himself worthy once again to enjoy the privileges of membership of the Bar. • Zaldivar v. and thus. 79690-707. Procedures should be established to allow a suspended lawyer to apply for reinstatement. April 7. . 1993 The Gonzales’ contrition. and the legal profession”. Indefinite Suspension is the removal of the right of a lawyer to practice law for a undefined period of time. has washed clean the offense of his disrespect. rehabilitate himself. The applicant must. will not discharge. G. Nos. and fitness to practice law. • suspension when the lawyer’s continuing conduct is or is likely to cause immediate and serious injury to a client or the public. • READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN SUSPENDED • Suspension Suspension is the removal of a lawyer from the practice of law for a specified minimum period of time. the public. • Suspension Interim suspension is the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. • According to the IBP. Generally. the legal system. suspension should be for a period of time equal to or greater than six months. Gonzales. but in no event should the time period prior to application for reinstatement be more than three years. Gonzales’ suspension has given him ample time and opportunity to amend his erring ways. or are unlikely to discharge properly their professional duties to clients. a member undergoes suspension or disbarment “to protect the public and the administration of justice from lawyers who have not discharged.R. but a lawyer who has been suspended should not be permitted to return to practice until he has completed a reinstatement process demonstrating rehabilitation. His remorse has soften his arrogance and made up for his misconduct. after evaluation.• Is the lifting of the suspension order automatic? The lifting of a lawyer’s suspension is not automatic upon the end of the period stated in the Court’s decision. The Sworn Statement shall be considered as proof of respondent’s compliance with the order of suspension. Atty. Inc. and/or where he or she has appeared as counsel. . through the Office of the Bar Confidant. and Atty. 5. et al. et al. 3. Thereafter. will issue are solution lifting the order of suspension and thus allow him to resume the practice of law. Mercado and Sons Agricultural Enterprises. a suspended first present proof(s) of his compliance by submitting certifications from the Integrated Bar of the Philippines and from the Executive Judge that he has indeed desisted from the practice of law during the period of suspension. the Court shall render a decision imposing the penalty. No. 7472. v.March 30. Atty. respondent has 15 days within which to file a motion for reconsideration thereof.K. De Dios. respondent shall file a Sworn Statement with the Court. Encanto. After a finding that respondent lawyer must be suspended from the practice of law. A. according to the OBC. et al.) Thus. stating there in that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension. de Vera v. deVera. The denial of said motion shall render the decision final and executory. ( J. (Maniago v. Atty. • Guidelines to be observed in the matter of the lifting of an order of suspension 4.C. 2010) • Guidelines to be observed in the matter of the lifting of an order of suspension 1. Unless the Court explicitly states that the decision is immediately executory upon receipt thereof. the Court. 2. and upon a favorable recommendation from the OBC. and an order from the Court lifting the suspension at the end of the period is necessary in order to enable [him] to resume the practice of his profession. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the courts where respondent has pending cases handled by him or her. Upon the expiration of the period of suspension. No. 24. Applicant’s appreciation of the significance of his dereliction and his assurance that he now possesses the requisite probity and integrity. No. procedures should be established for a lawyer who has been disbarred to apply for readmission. 1989) Whether or not the applicant shall be reinstated rests on the discretion of the court.6.C. No. (Prudential Bank v.Dec. Where disbarment is not permanent. b) compliance with all applicable discipline or disability orders or rules. 2. and c) rehabilitation and fitness to practice law • Considerations in reinstatement 1. 2. 2756. His efficient government service. Feb. provided that: 1. The applicant’s character and standing prior to the disbarment. 1990) . as may be warranted. 18.M. G. 2756. 144. (Prudential Bank v. Favorable endorsement of the IBP and pleas of his loved ones. The nature and character of the charge for which he was disbarred. (Yap Tan v.C. 18. • READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN DISBARRED • Disbarment Disbarment terminates the individual’s status as a lawyer.R. 17. (In re: Adriatico. No. Sabandal. 1910) 5. Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for the imposition of a more severe punishment. or disbarment. 3. Nov. 1990) 4. L-2532. and the time that has elapsed between the disbarment and the application for reinstatement. the petitioner must show by clear and convincing evidence: a) successful completion of the bar examination. and 6. A. His conduct subsequent to the disbarment.Dec. no application should be considered for five years from the effective date of disbarment. A. Benjamin Grecia. B. Benjamin Grecia. • Effect of Executive Pardon If during the pendency of a disbarment proceeding the respondent was granted executive pardon. Recognition of moral rehabilitation and mental fitness to practice law. 31. 18.R. No. No. rules and regulations as those applicable to any other lawyer. 1976) But where the proceeding to disbar is founded on the professional misconduct involved in the transaction which culminated in his conviction. inasmuch as the criminal acts may nevertheless constitute proof that the attorney does not possess good moral character. one may argue that a lawyer convicted of a crime involving moral turpitude. 7. the effect of the pardon is only to relieve him of the penal consequences of his act and does not operate as a bar to the disbarment proceeding.C. In Re:Resian A. (In re: Parcasio. (Cui v. Aug. the dismissal of the case on that sole basis will depend on whether the executive pardon is absolute or conditional. 100. Apr. A. (In re: Lontok. G. Mar.the disbarment case will not be dismissed on the basis thereof. Cui. • Absolute or unconditional pardon – the disbarment case will be dismissed. Lawyer shall be subject to same law. 293. 43Phil. and subsequently receives absolute pardon. may still be proceeded against under the Code of Professional . An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense itself. 1964). The grant thereof to a lawyer is a bar to a proceeding for disbarment against him. 270. • Conditional pardon . L-18727.C. 1922) In the light of recent court pronouncements that a lawyer may be disciplined even for non-professional misconduct. No. if such proceeding is based solely on the fact of such conviction. Cui.Feb. and Lawyer must comply with the conditions imposed on his readmission. 1974) • Effects of reinstatement Reinstatement to the roll of attorneys wipes out the restrictions and disabilities resulting from a previous disbarment (Cui v. The court may require applicant for reinstatement to enroll in and pass the required fourth year review classes in a recognized law school. Filipino citizenship is a continuing requirement for the practice of law. loss of which means the termination of one’s membership in the Bar and the privilege to engage in the practice of law.He migrated to Canada.He became a Canadian citizen. • December 1998 .He acquired Philippine citizenship pursuant to RA No. RA 9225 Lawyers who reacquire their Philippine citizenship should apply to the SC for license or permit to practice their profession. • May 2004 . 9225 ISSUE: May Dacanay be allowed to resume his privilege to practice law in the Philippines after reacquiring Philippine citizenship? • Petition for Leave to Resume Practice of Law.Dacanay was admitted to the Philippine Bar. Benjamin Dacanay FACTS: • March 1960. supra). • July 2006 . Benjamin Dacanay HELD: • General Rule – A lawyer who has lost his Filipino citizenship can no longer practice law in the Philippines .Responsibility even if the acts of which he was found guilty did not involve professional misconduct (A modification of In ReLontok. • READMISSION TO THE BAR OF LAWYERS WHO HAVE BEEN REPATRIATED • What is the effect of loss Philippine citizenship? The loss of Philippine citizenship ipso jure terminates the privilege to practice law in the Philippines. 5(4). Filipino lawyer who becomes a citizen of another country but later re-acquires his Philippine citizenship under RA 9225 remains to be a member of the Philippine Bar • Petition for Leave to Resume Practice of Law. • Sec. A. No automatic right to resume law practice accrues. One must first secure from the SC the authority to do so. 330 SCRA 22()] • REHABILITATION (Crim Law) The process of seeking to improve a criminal’s character and outlook so that he or she can function in society without committing other crime. Case No.. • The retaking of the lawyer’s oath • GOOD MORAL CHARACTER VS. conditioned on: • The updating and payment in full of the annual membership dues in the IBP. (Evidence) The restoration of a witness’ credibility after the witness has been impeached.• Exception. 729). 7 SCRA 859. Bar Association of Baltimore City. 9225. In Re Del Rosario. (Black’s Dictionary) • Although the term “good moral character” admits of broad dimensions. Rehabilitation is also a process of restoring the disbarred lawyer’s moral character for him to be once again qualified as a member of the Bar. It has also been held that no moral qualification for bar membership is more important than truthfulness or candor (Fellner vs. As .[The Legal Profession—A Matter of Privilege. 1963. 376. 52 Phil. • The payment of professional tax • The completion of at least 36 credit hours of mandatory continuing legal education. it has been defined as “including at least common honesty” (Rayong vs. April 30. REHABILITATION • GOOD MORAL CHARACTER • Good Moral Character is defined as a pattern of behaviour that is consistent with the community’s current ethical standards and that shows an absence o deceit or moral reprehensible conduct. 399 [1928]. Adm. Applying the above-mentioned definition of rehabilitation in Legal Ethics.When a Filipino citizenship is lost by reason of naturalization as a citizen of another country but subsequently reacquired pursuant to R. Oblena. 131 A 2d. the lawyer is most sacredly bound to uphold the laws. to repudiate and override the laws. 531 SCRA 639 [2007]) • Conclusion Judicial Clemency and Reinstatement are not deemed filed together in a petition in all cases. his achievements as a lawyer would redound to the general good and more than mitigate the stain on his record. his conduct subsequent to the disbarment. Compassion to the petitioner is warranted. the nature and character of the charge/s for which he was disbarred. It can be observed on the cases cited. he prays for both. we wish to impart to him the following stern warning: “Of all classes and professions. argues recreancy to his position and office and sets a pernicious example to the insubordinate and dangerous elements of the body politic. The applicant must. satisfy the Court that he is a person of good moral character. Nonetheless. he must show to the satisfaction of the Court that he has been reinstated.discussed in “Maintaining Integrity in the Professional and Private Life of a Lawyer. that when a lawyer/judge has been suspended or disbarred. 586 SCRA 384(2009)” • REHABILITATION Full Rehabilitation Must be Shown by Disbarred lawyer The lawyer who was disbarred or suspended in the practice of law be reinstated. Petitioner’s subsequent track record in public service affords the Court some hope that if he were to reacquire membership in the Philippine bar.” • REHABILITATION Whether the applicant shall be reinstated in the Roll of Attorneys rests to a great extent on the sound discretion of the Court. like a candidate for admission to the bar. the lawyer is most sacredly bound to uphold the laws. to trample them underfoot and to ignore the very bands of society. and for him. Mejia. . The action will depend on whether or not the Court decides that the public interest in the orderly and impartial administration of justice will continue to be preserved even with the applicant’s reentry as a counselor at law. (Bernardo vs. a fit and proper person to practice law. He is their sworn servant. The Court will take into consideration the applicant’s character and standing prior to the disbarment. of all men in the world. Of all classes and professions. and the time that has elapsed between the disbarment and the application for reinstatement. these individuals only seek judicial clemency. from eligibility for a higher position. The reasons for the petition vary. Meanwhile. . in cases wherein a judge or lawyer was merely reprimanded and punished but not suspended or disbarred. commutation of period of suspension or to be able to hold public office again.
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