One of the most embarrassing experiences in recent years of the Institute of Law of Far Eastern University (FEU), my beloved alma matter (high school and law degree), was summarized in the very recent case of “RE: 2003 BAR EXAMINATIONS, ATTY. DANILO DE GUZMAN, Petitioner, En Banc, B.M. No. 1222, April 24, 2009”, wherein the Philippine Supreme Court partially granted the Petition for Judicial Clemency and Compassion and commuted the disbarment of Atty. DANILO G. DE GUZMAN, a former law student leader and honor student of FEU, from the practice of law to seven years suspension from the practice of law, reckoned from February 4, 2004.
Personally, I thank the Court for having judiciously exercised the virtue of compassion on the petitioner in order to save the good future ahead of him as a young, competent, and civic-spirited legal professional.
I wish to digest the decision hereinbelow, for purposes of legal research of the visitors of this blog.
On February 4, 2004, the Court promulgated a Resolution, in B.M. No. 1222, which resolved to DISBAR Atty. DANILO DE GUZMAN from the practice of law.
The subject of the Resolution was the leakage of questions in Mercantile Law during the 2003 Bar Examinations. Petitioner at that time was employed as an assistant lawyer in the law firm of Balgos & Perez, one of whose partners, Marcial Balgos, was the examiner for Mercantile Law during the said bar examinations. The Court had adopted the findings of the Investigating Committee, which identified petitioner as the person who had downloaded the test questions from the computer of Balgos and faxed them to other persons.
The Office of the Bar Confidant (OBC) has favorably recommended the reinstatement of petitioner in the Philippine Bar.
The petitioner was the President of the Student Council of the Institute of Law of the Far Eastern University (FEU), which was conferred on him an Academic Excellence Award upon his graduation in Bachelor of Laws. Upon admission to the bar in April 1999, petitioner immediately entered government service as a Legal Officer assigned at the Sangguniang Bayan of Taguig. Simultaneously, he also rendered free legal services to less fortunate residents of Taguig City who were then in need of legal assistance. In March 2000, petitioner was hired as one of the Associate Lawyers at the Balgos and Perez Law Offices. Despite having entered private practice, he continued to render free legal services to his fellow Taguigeños.
Then in February 2004, by a sudden twist of fate, petitioner’s flourishing career was cut short as he was stripped of his license to practice law for his alleged involvement in the leakage in the 2003 Bar Examinations.
On March 2004, however, petitioner was given a new lease in life when he was taken as a consultant by the City Government of Taguig. Later, he was designated as a member of the Secretariat of the People’s Law Enforcement Board (PLEB). For the next five (5) years, petitioner concentrated mainly on rendering public service.
Petitioner humbly acknowledged the damaging impact of his act which unfortunately, compromised the integrity of the bar examinations. Petitioner averred that he has since learned from his mistakes and has taken the said humbling experience to make him a better person.
As part of his Petition, petitioner submitted to the Court various testimonials and endorsements of various individuals and entities all attesting to his good moral character, e.g. parish priests of Taguig, Rizal, local voluntary bar associations in Taguig, law offices in Taguig, local government executives and the city council of Taguig, homeowners associations in Taguig, civic organizations and other non-governmental organizations in Taguig, and many others.
Petitioner pleaded that he be afforded judicial kindness and compassion in order that his promising future may not be perpetually foreclosed.
In the case of Re: Petition of Al Argosino to Take the Lawyer’s Oath (Bar Matter 712), the Court said in allowing Mr. Argosino to take the lawyer’s oath, the Court recognized that Mr. Argosino was not inherently of bad moral fiber. On the contrary, the various certifications show that he was a devout Catholic with a genuine concern for civic duties and public service. The Court was persuaded that Mr. Argosino had exerted all efforts, to atone for the death of Raul Camaligan. We are prepared to give him the benefit of the doubt, taking judicial notice of the general tendency of youth to be rash, temerarious and uncalculating.
In the case of Rodolfo M. Bernardo vs. Atty. Ismael F. Mejia (Administrative Case No. 2984), the Court, in deciding whether or not to reinstate Atty. Mejia to the practice of law, took into consideration the applicant’s character and standing prior to the disbarment, the nature and character of the charge/s for which he was disbarred, his conduct subsequent to the disbarment and the time that has elapsed in between the disbarment and the application for reinstatement. Petitioner was barely thirty (30) years old and had only been in the practice of law for five (5) years when he was disbarred from the practice of law.
In the said case, the Court stated that it was of no doubt that petitioner had a promising future ahead of him where it not for the decision of the Court stripping off his license. Petitioner was also of good moral repute, not only before but likewise, after his disbarment, as attested to overwhelmingly by his constituents, colleagues as well as people of known probity in the community and society. Way before the petitioner was even admitted to the bar, he had already manifested his intense desire to render public service as evidenced by his active involvement and participation in several social and civic projects and activities. Likewise, even during and after his disbarment, which could be perceived by some as a debilitating circumstance, petitioner still managed to continue extending his assistance to others in whatever means possible. This only proves petitioner’s strength of character and positive moral fiber.
In the case at bar, the report of the Bar Confidant stated that it was of no question that petitioner’s act in copying the examination questions from Atty. Balgos’ computer without the latter’s knowledge and consent, and which questions later turned out to be the bar examinations questions in Mercantile Law in the 2003 Bar Examinations, is not at all commendable. While we do believe that petitioner sincerely did not intend to cause the damage that his action ensued, still, he must be sanctioned for unduly compromising the integrity of the bar examinations as well as of this Court. However, the Court convinced that petitioner had since reformed and had sincerely reflected on his transgressions. Thus, in view of the circumstances and likewise for humanitarian considerations, the penalty of disbarment may now be commuted to suspension. Considering the fact, however, that petitioner had already been disbarred for more than five (5) years, the same may be considered as proper service of said commuted penalty and thus, may now be allowed to resume practice of law.
In fine, the Court stated that the recommendation of the Office of the Bar Confidant was well-taken in part. It deemed petitioner worthy of clemency to the extent of commuting his penalty to seven (7) years suspension from the practice of law, inclusive of the five (5) years he had already served his disbarment. According to the Court, penalties, such as disbarment, are imposed not to punish but to correct offenders. While the Court was ever mindful of its duty to discipline its erring officers, it also knew how to show compassion when the penalty imposed had already served its purpose. In cases where the Court had deigned to lift or commute the supreme penalty of disbarment imposed on the lawyer, it had taken into account the remorse of the disbarred lawyer and the conduct of his public life during his years outside of the bar.
For example, in Valencia v. Antiniw, the Court held that the long period of respondent's disbarment gave him the chance to purge himself of his misconduct, to show his remorse and repentance, and to demonstrate his willingness and capacity to live up once again to the exacting standards of conduct demanded of every member of the bar and officer of the court. During respondent's disbarment for more than fifteen (15) years to date for his professional infraction, he had been persistent in reiterating his apologies and pleas for reinstatement to the practice of law and unrelenting in his efforts to show that he had regained his worthiness to practice law, by his civic and humanitarian activities and unblemished record as an elected public servant, as attested to by numerous civic and professional organizations, government institutions, public officials and members of the judiciary.
In the case at bar, the Court held that petitioner had sufficiently demonstrated the remorse expected of him considering the gravity of his transgressions. Even more to his favor, petitioner had redirected focus since his disbarment towards public service, particularly with the People’s Law Enforcement Board. The attestations submitted by his peers in the community and other esteemed members of the legal profession, such as retired Court of Appeals Associate Justice Oscar Herrera, Judge Hilario Laqui, Professor Edwin Sandoval and Atty. Loreto Ata, and the ecclesiastical community such as Rev. Fr. Paul Balagtas testified to his positive impact on society at large since the unfortunate events of 2003.
The Court added that 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 was warranted, the Court concluded.
