Case Digest (A.C. No. 126)
Facts:
The case involves Atty. Tranquilino Rovero, who was disbarred by the Supreme Court on October 24, 1952, after being found guilty by a competent court of violating Section 2703 of the Revised Administrative Code (Smuggling) and sentenced to pay a fine of ₱2,500. Following his disbarment, he was ordered to surrender his lawyer’s certificate. On July 7, 1956, Rovero filed a petition for reinstatement, arguing that the disbarment caused him severe emotional distress and that he had been granted an absolute and unconditional pardon, restoring his full civil and political rights. He also pledged not to commit similar offenses in the future. The Court denied this petition. Rovero made a second plea for reinstatement on March 10, 1958, which was again denied. Nearly three decades later, Rovero, then 71 years old, renewed his humble petition for reinstatement in the Roll of Attorneys, emphasizing his rehabilitation.
Evidence showed that since his disbarment, Rovero lived an honorable li
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Case Digest (A.C. No. 126)
Facts:
- Disbarment and criminal conviction
- On October 24, 1952, the Supreme Court ordered the disbarment of Atty. Tranquilino Rovero upon finding that he was guilty of violating Section 2703 of the Revised Administrative Code (Smuggling).
- He was sentenced to pay a fine of P2,500.00 and was required to surrender his lawyer’s certificate.
- Subsequent petitions for reinstatement
- On July 7, 1956, Rovero filed a petition for reinstatement, asserting that his disbarment caused him great hardship and mental anguish. He presented that he was granted an absolute and unconditional pardon and restored to full civil and political rights. He pledged never to commit a similar offense or jeopardize his name again as a lawyer and citizen.
- The Court denied Rovero’s 1956 petition for reinstatement.
- On March 10, 1958, Rovero again petitioned for reinstatement, which the Court also denied.
- Current petition for reinstatement
- In his latest petition, Rovero, now 71 years old, humbly requested reinstatement in the Roll of Attorneys.
- The Court examined Rovero’s conduct since disbarment and found evidence of moral rehabilitation:
- Active participation in civic and educational organizations.
- Appointment as secretary of the Provincial Board of Aklan.
- Accredited delegate of the Aklan Chapter of the Philippine National Red Cross to a national convention held in 1957.
- Presidency of the Quezon City Central Lions Club and the Board of Trustees of Northwestern Visayan Colleges.
- Leadership roles in commercial entities such as Filipino Industrial Corporation, Meteor Company, Inc., and Rural Bank of Hermosa.
- Testimonials from community members, including the president of the Aklan Bar Association and the parish priest of Christ the King Church, attesting to his good conduct.
- He was granted an absolute and unconditional pardon by the late President Ramon Magsaysay, which removed all legal disabilities from his conviction.
- The Court noted jurisprudence holding that a plenary pardon wipes out both punishment and guilt, restoring the individual’s civil rights and capacity as if the crime had never occurred.
- Over 28 years had passed since Rovero’s disbarment, and the Court found that he had been sufficiently punished and disciplined.
Issues:
- Whether Atty. Tranquilino Rovero, after being disbarred due to conviction for smuggling and subsequently pardoned, can be reinstated in the Roll of Attorneys.
- Whether the absolute and unconditional pardon restores the civil and political rights of a disbarred lawyer and justifies reinstatement.
- Whether Rovero’s moral character and conduct since disbarment qualify him as a fit and proper person to engage in the practice of law again.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)