Thursday, February 7, 2013

Disbarred lawyer reinstated in the roll of attorneys

see  -  Supreme Court of the Philippines


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SC Reinstates Remorseful Lawyer Dismissed for Immorality

Posted: February 7, 2013; By Jay B. Rempillo

The Supreme Court recently granted the petition (for extraordinary mercy) of a lawyer dismissed for immorality in 2004 to be reinstated in the Roll of Attorneys after the same “has sufficiently atoned for his transgressions.”
In a six-page resolution penned by Justice Estela M. Perlas-Bernabe, the Court En Banc ordered the reinstatement in the Roll of Edmundo L. Macarubbo who, at 58 years of age, “still has productive years ahead of him that could significantly contribute to the upliftment of the law profession and the betterment of society.” It added that while the Court was mindful of its duty to discipline and even remove its errant officers, it also has a duty to show compassion to those who have reformed their ways as in Macarubbo’s case.
In 2004, Macarubbo was disbarred for having contracted a bigamous marriage with complainant Florence Teves and a third marriage with one Josephine Constantino while his first marriage to Helen Esparza was still subsisting, which acts constituted gross immoral conduct in violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of Professional Responsibility.
The Court held that Macarubbo “has sufficiently shown his remorse and acknowledged his indiscretion in the legal profession and in his personal life” and has since asked forgiveness from his children by complainant Teves and maintained a cordial relationship with them as proved by his photo evidence. It noted that following his disbarment, Macarubbo has returned to his hometown in Enrile, Cagayan and devoted his time tending an orchard and taking care of his ailing mother until her death in 2008. He also worked for the local government of Enrile, Cagayan, as well as taught part-time instructor at the University of Cagayan Valley and F.L. Vargas College and took an active part in socio-civic activities.
Macarubbo’s plea for reinstatement, the Court noted, was also duly supported by the Integrated Bar of the Philippines, Cagayan Chapter and his parish priest Rev. Fr. Camilo Castillejos, Jr., among others. Furthermore, records reveal that he has already settled his previous marital squabbles and sends regular support to his children. (Macarubbo v. Macarubbo, AC No. 6148, January 22, 2013)
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