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I.

Introduction That after a conference among respondent,


complainant and complainant's parents, it was
VICTORIA BARRIENTOS V. TRANSFIGURACION agreed that complainant would deliver her child in
DAAROL Manila, where she went with her mother on October
ADM. CASE 1512 | 29 JANUARY 1993 22, 1973 by boat, arriving in Manila on the 25th and,
stayed with her brother-in-law Ernesto Serrano in
FACTS: Singalong, Manila; that respondent visited her there
on the 26th, 27th and 28th of October 1973, and
Complainant, Victoria Barrientos, is single, a college again in February and March 1974; that later on
student, and was about 20 years and 7 months old complainant decided to deliver the child in Cebu City
during the time (July-October 1975) of her in order to be nearer to Dipolog City, and she went
relationship with respondent, while respondent there in April 1974 and her sister took her to the
Transfiguracion Daarol is married, General Manager of Good Shepherd Convent at Banawa Hill, Cebu City;
Zamboanga del Norte Electric Cooperative, and 41 that on June 14, 1974, she delivered a baby girl at the
years old at the time of the said relationship. Perpetual Succor Hospital in Cebu City and, named
her "Dureza Barrientos"; that about the last week of
Respondent is married to Romualda A. Sumaylo with June 1974 she went home to Dipolog City; that during
whom be has a son; that the marriage ceremony was her stay here in Manila and later in Cebu City, the
solemnized on September 24, 1955 at Liloy, respondent defrayed some of her expenses; that she
Zamboanga del Norte by a Catholic priest, Rev. Fr. filed an administrative case against respondent with
Anacleto Pellamo, and that said respondent had been the National Electrification Administration; which
separated from his wife for about 16 years at the complaint, however, was dismissed; and then she
time of his relationship with complainant. instituted the present disbarment proceedings
against respondent.
Respondent had been known by the Barrientos family
for quite sometime, having been a former student of In view of the foregoing, the undersigned respectfully
complainant's father in 1952 and, a former classmate recommend that after hearing, respondent
of complainant's mother at the Andres Bonifacio Transfiguracion Daarol be disbarred as a lawyer.
College in Dipolog City; that he became acquainted
with complainant's sister, Norma in 1963 and ISSUE:
eventually with her other sisters, Baby and Delia and,
her brother, Boy, as he used to visit Norma at her  Whether or not respondent Daarol is grossly
residence; that he also befriended complainant and immoral.
who became a close friend when he invited her, with
her parents' consent, to be one of the usherettes HELD:
during the Masonic Convention in Sicayab, Dipolog
City from June 28 to 30, 1973, and he used to fetch Here, respondent, already a married man and about
her at her residence in the morning and took her 41 years old, proposed love and marriage to
home from the convention site after each day's complainant, then still a 20-year-old minor, knowing
activities; that he did not have the required legal capacity.
Respondent then succeeded in having carnal
Respondent courted complainant, and after a week of relations with complainant by deception, made her
courtship, complainant accepted respondent's love pregnant, suggested abortion, breached his promise
on July 7, 1973; that in the evening of August 20, to marry her, and then deserted her and the child.
1973, complainant with her parents' permission was Respondent is therefore guilty of deceit and grossly
respondent's partner during the Chamber of immoral conduct.
Commerce affair at the Lopez Skyroom in the Dipolog
City, and at about 10:00 o'clock that evening, they By his acts of deceit and immoral tendencies to
left the place but before going home, they went to appease his sexual desires, respondent Daarol has
the airport at Sicayab, Dipolog City and parked the amply demonstrated his moral delinquency. Hence,
jeep at the beach, where there were no houses his removal for conduct unbecoming a member of the
around; that after the usual preliminaries, they Bar on the grounds of deceit and grossly immoral
consummated the sexual act and at about midnight conduct is in order. Good moral conduct is a condition
they went home; that after the first sexual act, which precedes admission to the Bar and is not
respondent used to have joy ride with complainant dispensed with upon admission there. It is a
which usually ended at the airport where they used to continuing qualification to which all lawyers must
make love twice or three times a week; that as a possess. Otherwise, a lawyer may be suspended or
result of her intimate relations, complainant became disbarred.
pregnant;
been admitted to the Shari’a Bar, and one who has
been admitted to the Philippine Bar, may both be
ALAWI V ALAUYA considered “counsellors,” in the sense that they give
JANUARY 31, 2016 counsel or advice in a professional capacity, only the
latter is an “attorney.” The title of “attorney” is
FACTS: reserved to those who, having obtained the
necessary degree in the study of law and successfully
Sophia Alawi was a sales representative of E.B. taken the Bar Examinations, have been admitted to
Villarosa & Partners Co., Ltd. of Davao City, a real the Integrated Bar of the Philippines and remain
estate and housing company. Ashari M. Alauya is the members thereof in good standing; and it is they only
incumbent executive clerk of court of the 4th Judicial who are authorized to practice law in this jurisdiction.
Shari’a District in Marawi City, They were classmates,
and used to be friends.
II. Practice of Law
Through Alawi’s agency, a contract was executed for
the purchase on installments by Alauya of one of the OFFICE OF THE COURT ADMINISTRATOR VS.
housing units of Villarosa. In connection, a housing LADAGA
loan was also granted to Alauya by the National 350 SCRA 326 [2001]
Home Mortgage Finance Corporation (NHMFC).
FACTS:
Not long afterwards, Alauya addressed a letter to the
President of Villarosa & Co. advising of the Atty. Ladaga, an RTC Branch Clerk of Court, acted as
termination of his contract with the company. He pro bono counsel for a relative in a criminal case,
claimed that his consent was vitiated because Alawi without the previous authority from the Chief Justice
had resorted to gross misrepresentation, deceit, of the Supreme Court as required by the
fraud, dishonesty and abuse of confidence. He laso Administrative Code. An administrative complaint
wrote similar letters to the Vice President of Villarosa was filed against Atty. Ladaga for practicing law
and the Vice President of NHMFC. without permission from the Department Head (CJ) as
required by law. Atty. Ladaga justified his appearance
On learning of Alauya’s letters, Alawi filed an as he merely gave a free legal assistance to a relative
administrative complaint against him. One of her and that he was on an approved leave of absence
grounds was Alauya’s usurpation of the title of during his appearances as such counsel. Moreover,
“attorney,” which only regular members of the the presiding judge of the court to which he is
Philippine Bar may properly use. assigned knew his appearances as such counsel.

Alauya justified his use of the title, “attorney,” by the ISSUE:


assertion that it is “lexically synonymous” with
“Counsellors-at-law.” a title to which Shari’a lawyers
 Whether Atty. Ladaga’s appearances as a pro
have a rightful claim, adding that he prefers the title
bono counsel for a relative constitutes
of “attorney” because “counsellor” is often mistaken
practice of law as prohibited by the
for “councilor,” “konsehal” or the Maranao term
Administrative Code.
“consial,” connoting a local legislator beholden to the
mayor. Withal, he does not consider himself a lawyer.
HELD:

ISSUE:
No. Practice of law to fall within the prohibition of the
statute should be customarily or habitually holding
 Whether or not Alauya, a member of the one’s self to the public as a lawyer and demanding
Shari’a bar, can use the title of Attorney payment for such services. It does not pertain to
isolated court appearances as in this case.
HELD: Nevertheless, for his failure to obtain a prior
permission from the head of the Department (CJ) as
He can’t. The title is only reserved to those who pass required by law, respondent was reprimanded.
the regular Philippine bar.

As regards Alauya’s use of the title of “Attorney,” this


Court has already had occasion to declare that
persons who pass the Shari’a Bar are not full-fledged
members of the Philippine Bar, hence may only
practice law before Shari’a courts. While one who has
CAYETANO VS. MONSOD 201 SCRA 210 Atty. Monsod’s past work experience as a lawyer-
SEPTEMBER 1991 economist, a lawyer-manager, a lawyer-entrepreneur
of industry, a lawyer-negotiator of contracts, and a
lawyer-legislator of both rich and the poor – verily
FACTS: more than satisfy the constitutional requirement for
the position of COMELEC chairman, The respondent
Respondent Christian Monsod was nominated by has been engaged in the practice of law for at least
President Corazon C. Aquino to the position of ten years does In the view of the foregoing, the
chairman of the COMELEC. Petitioner opposed the petition is DISMISSED.
nomination because allegedly Monsod does not
posses required qualification of having been engaged MAURICIO C. ULEP VS. THE LEGAL CLINIC, INC.
in the practice of law for at least ten years. The 1987 B.M. NO. 553. JUNE 17, 1993
constitution provides in Section 1, Article IX-C: There
shall be a Commission on Elections composed of a FACTS:
Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the Mauricio C. Ulep, petitioner, prays this Court "to order
time of their appointment, at least thirty-five years of the respondent, The Legal Clinic, Inc., to cease and
age, holders of a college degree, and must not have desist from issuing advertisements similar to or of the
been candidates for any elective position in the same tenor as that of Annexes `A' and `B' (of said
immediately preceding elections. However, a majority petition) and to perpetually prohibit persons or
thereof, including the Chairman, shall be members of entities from making advertisements pertaining to
the Philippine Bar who have been engaged in the the exercise of the law profession other than those
practice of law for at least ten years. allowed by law.” The advertisements complained of
by herein petitioner are as follows:

ISSUE: Annex A
SECRET MARRIAGE?
 Whether the respondent does not posses the P560.00 for a valid marriage.
required qualification of having engaged in Info on DIVORCE. ABSENCE.
the practice of law for at least ten years. ANNULMENT. VISA.
THEPlease call: 521-0767,
LEGAL5217232, 5222041
HELD: CLINIC, INC.8:30 am-6:00 pm
7-Flr. Victoria Bldg. UN Ave., Mla.
In the case of Philippine Lawyers Association vs.
Agrava, stated: The practice of law is not limited to Annex B
the conduct of cases or litigation in court; it embraces GUAM DIVORCE
the preparation of pleadings and other papers DON PARKINSON
incident to actions and special proceeding, the an Attorney in Guam, is giving FREE BOOKS on Guam
management of such actions and proceedings on Divorce through The Legal Clinic beginning Monday to
behalf of clients before judges and courts, and in Friday during office hours.
addition, conveying. In general, all advice to clients,
and all action taken for them in matters connected Guam divorce. Annulment of Marriage.
with the law incorporation services, assessment and Immigration Problems, Visa Ext. Quota/Non-quota
condemnation services, contemplating an Res. & Special Retiree's Visa. Declaration of Absence.
appearance before judicial body, the foreclosure of Remarriage to Filipina Fiancees. Adoption. Investment
mortgage, enforcement of a creditor’s claim in in the Phil. US/Foreign Visa for Filipina
bankruptcy and insolvency proceedings, and Spouse/Children. Call Marivic.
conducting proceedings in attachment, and in THE 7 F Victoria Bldg. 429 UN Ave.
matters of estate and guardianship have been held to LEGALErmita, Manila nr. US Embassy
constitute law practice. Practice of law means any CLINIC, INC. Tel. 521-7232521-7251
activity, in or out court, which requires the 522-2041; 521-0767
application of law, legal procedure, knowledge,
training and experience. It is the submission of petitioner that the
advertisements above reproduced are champertous,
unethical, demeaning of the law profession, and
The contention that Atty. Monsod does not posses the destructive of the confidence of the community in the
required qualification of having engaged in the integrity of the members of the bar and that, as a
practice of law for at least ten years is incorrect since member of the legal profession, he is ashamed and
offended by the said advertisements, hence the real. In providing information, for example, about
reliefs sought in his petition as herein before quoted. foreign laws on marriage, divorce and adoption, it
strains the credulity of this Court that all that
In its answer to the petition, respondent admits the respondent corporation will simply do is look for the
fact of publication of said advertisements at its law, furnish a copy thereof to the client, and stop
instance, but claims that it is not engaged in the there as if it were merely a bookstore. With its
practice of law but in the rendering of "legal support attorneys and so called paralegals, it will necessarily
services" through paralegals with the use of modern have to explain to the client the intricacies of the law
computers and electronic machines. Respondent and advise him or her on the proper course of action
further argues that assuming that the services to be taken as may be provided for by said law. That
advertised are legal services, the act of advertising is what its advertisements represent and for which
these services should be allowed supposedly in the services it will consequently charge and be paid. That
light of the case of John R. Bates and Van O'Steen vs. activity falls squarely within the jurisprudential
State Bar of Arizona, reportedly decided by the definition of "practice of law." Such a conclusion will
United States Supreme Court on June 7, 1977. not be altered by the fact that respondent
corporation does not represent clients in court since
ISSUE: law practice, as the weight of authority holds, is not
 Whether or not the services offered by limited merely to court appearances but extends to
respondent, The Legal Clinic, Inc., as legal research, giving legal advice, contract drafting,
advertised by it constitutes practice of law and so forth.
and, in either case, whether the same can That fact that the corporation employs paralegals to
properly be the subject of the advertisements carry out its services is not controlling. What is
herein complained of. important is that it is engaged in the practice of law
by virtue of the nature of the services it renders
HELD: which thereby brings it within the ambit of the
statutory prohibitions against the advertisements
Yes. The Supreme Court held that the services offered which it has caused to be published and are now
by the respondent constitute practice of law. The assailed in this proceeding. The standards of the legal
definition of “practice of law” is laid down in the case profession condemn the lawyer's advertisement of
of Cayetano vs. Monsod, as defined: his talents. A lawyer cannot, without violating the
ethics of his profession, advertise his talents or skills
Black defines "practice of law" as: as in a manner similar to a merchant advertising his
"The rendition of services requiring the knowledge goods. The proscription against advertising of legal
and the application of legal principles and technique services or solicitation of legal business rests on the
to serve the interest of another with his consent. It is fundamental postulate that the practice of law is a
not limited to appearing in court, or advising and profession. The canons of the profession tell us that
assisting in the conduct of litigation, but embraces the best advertising possible for a lawyer is a well-
the preparation of pleadings, and other papers merited reputation for professional capacity and
incident to actions and special proceedings, fidelity to trust, which must be earned as the
conveyancing, the preparation of legal instruments of outcome of character and conduct. Good and efficient
all kinds, and the giving of all legal advice to clients. service to a client as well as to the community has a
It embraces all advice to clients and all actions taken way of publicizing itself and catching public attention.
for them in matters connected with the law." That publicity is a normal by-product of effective
service which is right and proper. A good and
The contention of respondent that it merely offers reputable lawyer needs no artificial stimulus to
legal support services can neither be seriously generate it and to magnify his success. He easily
considered nor sustained. Said proposition is belied sees the difference between a normal by-product of
by respondent's own description of the services it has able service and the unwholesome result of
been offering. While some of the services being propaganda.
offered by respondent corporation merely involve
mechanical and technical know-how, such as the
installation of computer systems and programs for
the efficient management of law offices, or the
computerization of research aids and materials, these
will not suffice to justify an exception to the general
rule. What is palpably clear is that respondent III. Admission to Practice
corporation gives out legal information to laymen and
lawyers. Its contention that such function is non- IN THE MATTER OF THE INTEGRATION OF THE
advisory and non-diagnostic is more apparent than INTEGRATED BAR OF THE PHILIPPINES 49 SCRA
22 Indeed, the power to integrate is an inherent part of
the Court’s constitutional authority over the Bar.
FACTS:
The second issue hinges on the following
Republic Act. No. 6397 entitled “An Act Providing for constitutional rights: freedom of association and of
the Integration of the Philippine Bar and speech, as well as the nature of the dues exacted
Appropriating Funds Therefore” was passed in from the lawyer, i.e., whether or not the Court thus
September 1971, ordaining “Within two years from levies a tax. The Court held:
the approval of this Act, the Supreme Court may 1. Integration is not violative of freedom of
adopt rules of court to effect the integration of the association because it does not compel a
Philippine Bar.” The Supreme Court formed a lawyer to become a member of any group of
Commission on Bar Integration and in December which he is not already a member. All that it
1972, the Commission earnestly recommended the does is “to provide an official national
integration of the bar. The Court accepted all organization for the well-defined but
comments on the proposed integration. unorganized and incohesive group of which
every lawyer is already a member.” The
ISSUES: lawyer too is not compelled to attend
 Does the Court have the power to integrate meetings, participate of activities, etc. The
the Philippine bar? only compulsion is the payment of annual
 Would the integration of the bar be dues. Assuming, however, that it does
constitutional? compel a lawyer to be a member of an
 Should the Court ordain the integration of the integrated bar, the court held that “such
bar at this time? compulsion is justified as an exercise of the
RULING: police power of the state”

In ruling on the issues raised, the Court first adopted 2. Integration is also not violative of the
the definition given by the Commission to freedom of speech just because dues paid b
“integration” in this wise: “Integration of the the lawyer may be used for projects or
Philippine Bar means the official unification of the programs, which the lawyer opposes. To rule
entire lawyer population of the Philippines. This otherwise would make every government
requires membership and financial support (in exaction a “free speech issue.” Furthermore,
reasonable amount) of every attorney as conditions the lawyer is free to voice out his objections
sine qua non to the practice of law and the retention to positions taken by the integrated bar.
of his name in the Roll of Attorneys of the Supreme
3. The dues exacted from lawyers is not in the
Court.” The term “Bar” refers to the collectivity of all
nature of a levy but is purely for purposes of
persons whose names appear in the Roll of Attorneys.
regulation.
An Integrated Bar (or unified Bar) perforce must
include all lawyers. As to the third issue, the Court believes in the
timeliness of the integration. Survey showed an
Complete unification is not possible unless it is overwhelming majority of lawyers who favored
decreed by an entity with power to do so; the State. integration.
Bar integration therefore, signifies the setting up by
government authority of a national organization of
the legal profession based on the recognition of the IN RE CUNANAN 94 PHIL. 534
lawyer as an officer of the court.
FACTS:
Designed to improve the positions of the Bar as an
instrumentality of justice and the rule of law, Congress passed Rep. Act No. 972, or what is known
integration fosters cohesion among lawyers, and as the Bar Flunkers Act, in 1952. The title of the law
ensures, through their own organized action and was, “An Act to Fix the Passing Marks for Bar
Examinations from 1946 up to and including 1955.”
participation, the promotion of the objectives of the
legal profession, pursuant to the principle of Section 1 provided the following passing marks:
maximum Bar autonomy with minimum supervision 1946-1951………………70%
and regulation by the Supreme Court. 1952 …………………….71%
1953……………………..72%
On the first issue, the Court held that it may integrate 1954……………………..73%
1955……………………..74%
the Bar in the exercise of its power “to promulgate
rules concerning pleading, practice, and procedure in Provided however, that the examinee shall have no
all courts, and the admission to the practice of law.” grade lower than 50%.
IN RE: VICTORIO LANUEVO
Section 2 of the Act provided that “A bar candidate
who obtained a grade of 75% in any subject shall be FACTS:
deemed to have already passed that subject and the
grade/grades shall be included in the computation of
the general average in subsequent bar This is an administrative proceeding against Victorio
examinations.” Lanueva who was the Bar Confidant during the 1971
Bar Examination emanating from the revelation of
one Oscar Landicho, a bar examinee of the same bar
ISSUE: exam, in his confidential letter that the result of the
bar exam of one of the bar examinee later identified
 Whether of not, R.A. No. 972 is constitutional. as Ramon Galang was raised before the result was
released to make him pass the bar.
RULING:
Acting upon said letter, the court called the 5 bar
Section 2 was declared unconstitutional due to the examiners and the Bar Confident Lanuevo to submit
fatal defect of not being embraced in the title of the
their sworn statements on the matter. It appears that
Act. As per its title, the Act should affect only the bar
flunkers of 1946 to 1955 Bar examinations. Section2 each of the 5 bar examiners were approached by
establishes a permanent system for an indefinite Lanuevo with the examination booklet asking them to
time. It was also struck down for allowing partial re-evaluate the grades of the bar examiner explaining
passing, thus failing to take account of the fact that that it is a practice policy in bar exams that he will
laws and jurisprudence are not stationary. review the grades obtained in all subjects by an
examinee and when he finds a candidate to have
As to Section1, the portion for 1946-1951 was
extraordinary high grades in other subjects and low
declared unconstitutional, while that for 1953 to 1955
was declared in force and effect. The portion that grade in one subject he can bring it to the examiner
was stricken down was based under the following for reconsideration to help the candidate pass.
reasons:
In good faith of trust and confidence to the authority
1. The law itself admits that the candidates for of Lanuevo, the examiners re-evaluated the exam of
admission who flunked the bar from 1946 to the candidate and reconsider the grade they give for
1952 had inadequate preparation due to the each subject matter. Further investigation also
fact that this was very close to the end of revealed that Ramon Galang was charged with crime
World War II; of slight physical injuries in the Mla. MTC but did not
revealed the information in his application to take the
bar examination.
2. The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the ISSUE:
said candidates;
 WON Lanuevo has the authority to ask bar
examiners to re-evaluate and re-correct the
3. The law is an encroachment on the Court’s
examination result of a bar candidate.
primary prerogative to determine who may
be admitted to practice of law and, therefore,
RULING:
in excess of legislative power to repeal, alter
and supplement the Rules of Court. The rules
The court ruled that it is evident that Lanuevo has
laid down by Congress under this power are
deceptively staged a plot to convince each examiner
only minimum norms, not designed to
individually to re-evaluate the grades of Galang in
substitute the judgment of the court on who
order to help him pass the bar without prior
can practice law; and
authorization of the Court. His duty as a Bar
Confident is limited only as a custodian of the
4. The pretended classification is arbitrary and
examination notebooks after they are corrected by
amounts to class legislation.
the examiners where he is tasked to tally the general
As to the portion declared in force and effect, the average of the bar candidate. All requests for re-
Court could not muster enough votes to declare it evaluation of grades from the bar exam shall be
void. Moreover, the law was passed in 1952, to take made by the candidate themselves. With the facts
effect in 1953. Hence, it will not revoke existing fully established that Lanuevo initiated the re-
Supreme Court resolutions denying admission to the evaluation of the exam answers of Galang without
bar of an petitioner. The same may also rationally fall
the authority of the Court, he has breached the trust
within the power to Congress to alter, supplement or
modify rules of admission to the practice of law. and confidence given to him by the court and was
disbarred with his name stricken out from the rolls of
attorneys. Galang was likewise disbarred for Excellence Award upon his graduation in Bachelor of
fraudulently concealing the criminal charges against Laws.
him in his application for the bar exam while under
oath constituting perjury. The court believed that the Upon admission to the bar in April 1999, petitioner
5 bar examiners acted in good faith and thereby immediately entered government service as a Legal
absolved from the case but reminded to perform their Officer assigned at the Sangguniang Bayan of Taguig.
duties with due care. Simultaneously, he also rendered free legal services
to less fortunate residents of Taguig City who were
IN RE: 2003 AR EXAMINATIONS then in need of legal assistance.

FACTS: In March 2000, petitioner was hired as one of the


Associate Lawyers at the Balgos and Perez Law
The subject of the Resolution is the leakage of Offices. It was during his stay with this firm when his
questions in Mercantile Law during the 2003 Bar craft as a lawyer was polished and developed.
Examinations. Despite having entered private practice, he continued
to render free legal services to his fellow Taguigeños.
Petitioner at that time was employed as an assistant
lawyer in the law firm of Balgos & Perez, one of Then in February 2004, by a sudden twist of fate,
whose partners, Marcial Balgos, was the examiner for petitioner’s flourishing career was cut short as he was
Mercantile Law during the said bar examinations. The stripped of his license to practice law for his alleged
Court had adopted the findings of the Investigating involvement in the leakage in the 2003 Bar
Committee, which identified petitioner as the person Examinations.
who had downloaded the test questions from the
computer of Balgos and faxed them to other persons. Devastated, petitioner then practically locked himself
inside his house to avoid the rather unavoidable
The Office of the Bar Confidant (OBC) has favorably consequences of his disbarment.
recommended the reinstatement of petitioner in the
Philippine Bar. In a Report dated January 6, 2009, the On March 2004, however, petitioner was given a new
OBC rendered its assessment of the petition, the lease in life when he was taken as a consultant by the
relevant portions of which we quote hereunder: City Government of Taguig. Later, he was designated
as a member of the Secretariat of the People’s Law
Petitioner narrated that he had labored to become a Enforcement Board (PLEB). For the next five (5)
lawyer to fulfill his father’s childhood dream to years, petitioner concentrated mainly on rendering
become one. This task was not particularly easy for public service.
him and his family but he willed to endure the same
in order to pay tribute to his parents. Petitioner humbly acknowledged the damaging
impact of his act which unfortunately, compromised
Petitioner added that even at a very young age, he the integrity of the bar examinations. As could be
already imposed upon himself the duty of rendering borne from the records of the investigation, he
service to his fellowmen. At 19 years, he started his cooperated fully in the investigation conducted and
exposure to public service when he was elected took personal responsibility for his actions. Also, he
Chairman of the Sangguniang Kabataan (SK) of has offered his sincerest apologies to Atty. Balgos, to
Barangay Tuktukan, Taguig City. During this time, he the Court as well as to all the 2003 bar examinees for
initiated several projects benefiting the youth in their the unforeseen and unintended effects of his actions.
barangay.
Petitioner averred that he has since learned from his
Thereafter, petitioner focused on his studies, taking mistakes and has taken the said humbling experience
up Bachelor of Arts in Political Science and eventually to make him a better person.
pursuing Bachelor of Laws. In his second year in law
school, he was elected as the President of the
Student Council of the Institute of Law of the Far
Eastern University (FEU). Here, he spearheaded RULING:
various activities including the conduct of seminars
for law students as well as the holding of bar Penalties, such as disbarment, are imposed not to
operations for bar examinees. punish but to correct offenders. While the Court is
ever mindful of its duty to discipline its erring officers,
Despite his many extra-curricular activities as a youth it also knows how to show compassion when the
and student leader, petitioner still managed to excel penalty imposed has already served its purpose.
in his studies. Thus, he was conferred an Academic
In cases where we have deigned to lift or commute
the supreme penalty of disbarment imposed on the
lawyer, we have taken into account the remorse of
the disbarred lawyer and the conduct of his public life
during his years outside of the bar.

Petitioner’s subsequent track record in public service


affords the Court some hope that if he were to
reacquire membership in the Philippine bar, his
achievements as a lawyer would redound to the
general good and more than mitigate the stain on his
record. Compassion to the petitioner is warranted.
Nonetheless, we wish to impart to him the following
stern warning:

"Of all classes and professions, the lawyer is most


sacredly bound to uphold the laws. He is their sworn
servant; and for him, of all men in the world, to
repudiate and override the laws, to trample them
underfoot and to ignore the very bands of society,
argues recreancy to his position and office and sets a
pernicious example to the insubordinate and
dangerous elements of the body politic."

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