Case Digest (A.C. No. 266)
Case Digest (A.C. No. 266)
Facts:
In the Matter of; Reinstatement in the Philippine Bar, Jesus B. Toledo, Administrative Case No. 266, promulgated December 11, 1985, the Supreme Court En Banc, Alampay, J., writing for the Court, resolved a petition for reinstatement following an earlier disbarment.
Petitioner Jesus B. Toledo had been disbarred by this Court on April 27, 1963 in Administrative Case No. 266 for abandoning his lawful wife, Paz Arellano Toledo, and cohabiting with another woman who bore him a child; the Court found he had not maintained the morality required of a member of the Bar. On December 10, 1981, more than eighteen years later, he filed a petition in the same administrative case seeking reinstatement, asserting repentance, reformation, and atonement for his past conduct.
To support his petition, Toledo submitted Certificates of Clearance (including from the Personnel Officer of the Bureau of Lands and the National Bureau of Investigation), multiple affidavits attesting to his present good moral character (from barangay and IBP leaders and clergy), and records of awards and commendations as an outstanding District Land Officer for 1973–1976. He also averred long government service and impending retirement, stating his intent to return to the private practice of law specializing in public lands and land registration.
The Court required comment from his former wife by resolution dated January 12, 1982; no Comment was filed. The record, however, contained evidence that Paz Arellano Toledo had obtained a decree of divorce in Las Vegas, Nevada dated December 11, 1962, had remarried a naturalized American citizen, and established permanent residence in the United States — facts referenced by petitioner in motions for early resolution filed between 1984 and 1985. Toledo also filed successive motions emphasizing his compulsory retirement at age 65 (June 6, 1985), and his subsequent retirement in June 1985 with an asserted urgent need to practice law for livelihood.
The Court considered that petitioner had already served the penalty of disbarment for over twenty years, had established a life beyond reproach supported by clearances and affidavits, had rendered considerable government service until retirement, and that the complainant-wife had divorced and remarried. Citing resolutions in similar reinstatement matters (Adm. Case No. 389, Quingwa vs. Puno, Jan. 31, 1972; Adm. Case No. 2237, Juan T. Publico, Feb. 20, 1981), the Court granted the petition and ordered Toledo reinstated and included anew in the Roll of Attorneys. The opinion records concurrence by Justices Teehankee, Concepcion, Jr., Abad Santos, Plana, Escolin, Relova, Gutierrez, Jr., De La Fuente, Cuevas, and Patajo; Chief Justice Aquino took no part; Justice Melencio-Herrera was absent.
Issues:
- Whether petitioner Jesus B. Toledo should be reinstated to the Philippine Bar after his disbarment in 1963.
- Whether the divorce and remarriage of the complainant-wife affects the propriety of reinstatement.
- Whether the evidentiary showing (clearances, affidavits of good character, long lapse of time, and government service) suffices to justify reinstatement.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)