Monday, November 21, 2016

SC reinstates lawyer previously disbarred for CPR violation

See - SC reinstates lawyer previously disbarred for CPR violation

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MANILA, Philippines -- The Supreme Court has reinstated a lawyer in the Roll of Attorneys and allowed him to continue his legal practice after he showed remorse for more than a decade after being disbarred for violation of the Code of Professional Responsibility (CPR).

In a four-page minute resolution in AC No. 4018 (Ali v. Atty. Bubong) promulgated on Oct. 18, 2016, the Court en banc, however, gave lawyer Mosib Ali Bubong a stern warning that a repetition of the same or similar act will be dealt with more severely.

Bubong, then the Register of Deeds of Marawi, was disbarred in 2005 for violating Rule 6.02 of the CPR when he took advantage of his position as Register of Deeds and employed his knowledge of the rules governing land registration for the benefit of his relatives.

The Court agreed with the recommendation of the Integrated Bar of the Philippines (IBP) to reinstate Bubong, stressing that “[p]enalties, such as disbarment, are imposed not to punish but to correct offenders”, adding that “[t]he goal of disciplinary proceedings is restoration and not retribution.”

The Court found that Bubong had established by clear and convincing evidence that he is worthy to be reinstated as a member of the Bar. It held that sufficient time had elapsed from the imposition of the penalty to ensure a period of reformation, adding that Bubong’s claim of remorse and reformation was supported by various certifications, letters, and resolutions attesting to his good moral character and his fitness to be reinstated as a member of the Bar.

Furthermore, the Court noted that during his disbarment, Bubong has committed himself to public service in his community as he continued to be active in his IBP Chapter by providing financial assistance to the bereaved family of its deceased members. It also noted that he is the corporate secretary of a non-stock, non-government organization (NGO) which manages and operates a non-formal Arabic school in his community.

In 2011, he filed an ex-parte motion for judicial mercy and compassion and his reinstatement as a member of the bar.

Subsequently, the Court referred the matter to the IBP. The following year, the IBP recommended Bubong’s reinstatement saying that the former has been remorseful of the grave misconduct he had done which was a violation of the CPR and that he has been completely reformed and was worthy to practice as proven by certifications, testimonial letters and resolutions from various individuals and groups, legal and non-legal.

Bubong admitted to the Court his guilt and said he deserved the penalty of disbarment but added that he believed that he had reformed himself and reflected on his shortcomings as a lawyer after more than a decade following his disbarment.

Even during his disbarment, he claimed to have continued to join fellow lawyers in visiting and extending monetary assistance to the bereaved family of any member of his IBP chapter who died. Likewise, he said that he was only 64 and has still more productive years ahead of him.
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