(Question A.9, Legal and Judicial Ethics, 2019 Bar Exam)
Mr. O was disbarred from the practice of law in 2009 for gross immorality. Ten (10) years later, at age 58, he asked for judicial clemency and filed a petition for his reinstatement in the Roll of Attorneys. Mr. O had asked forgiveness from his children and maintained a cordial relationship with his complainant wife. He also submitted a certification from the parish priest and members of the Integrated Bar of the Philippines chapter to which he belongs of his civic mindedness and good moral character.
Based on the guidelines for the reinstatement of a disbarred lawyer, may Mr. O be reinstated as a member of the Bar? Explain. (2.5%)
Under the jurisprudential guidelines, the following must be established:
1) There must be proof of remorse and reformation, such as certifications or testimonials of the officer/s or chapter/s of the Integrated Bar of the Philippines, judges/s associations and prominent members of the community with proven integrity and probity;
2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reform;
3) 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;
4) There must be a showing of promise, as well as potential for public service; and
5) There must be other relevant factors and circumstances that may justify clemency. Rule
In the case at bar:
1) Mr. O has shown proof of remorse and reformation after asking forgiveness from his children and maintaining cordial relationship with is complainant wife, as well as having submitted a certification from the parish priest and IBP members.
2) It has been ten (10) years have passed from being disbarred.
3) He is just 58 years old and thus he still has productive years ahead of him and which can be put to good use by giving him a chance of redemption.
4) He shows promise and potential for public service as shown by his being civic mindedness and of good moral character.
5) He is on the path of redemption and seeks to clean his name with his petition for reinstatement. Apply
Thus, Mr. O bay be reinstated as a member of the Bar. Conclusion
(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)
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