Case Digest (Re: Juan T. Publico)
Facts:
In In re: Petition for Reinstatement in the Roll of Attorneys, Juan T. Publico (190 Phil. 612, En Banc, February 20, 1981), petitioner Juan Tapel Publico sought to regain his place on the Roll of Attorneys after he was disbarred in 1962 for falsification of school records under Sections 5 and 6, Rule 127 of the Rules of Court. The disbarment stemmed from an opposition filed by his uncle, Dulcisimo B. Tapel, who proved that in 1950—when Publico was only sixteen—he used his cousin’s academic credentials to enroll in Third Year High School at the University of Manila despite having completed only Grade V elementary. Publico nevertheless took and passed the 1960 Bar examination, took his oath, and was entered in the Roll before the administrative complaint was resolved. After an ex parte hearing, the Court’s February 23, 1962 Resolution stricken his name. Unaware of this until 1969, he served as Municipal Judge of Gigmoto, Catanduanes, faculty member at the Polytechnic University ofCase Digest (Re: Juan T. Publico)
Facts:
- Pre-Bar Background
- In 1950, at age 16, Juan T. Publico enrolled as Third Year high school student at University of Manila using his cousin’s school records, despite having only completed Grade V elementary.
- His uncle, Dulcisimo B. Tapel, filed an administrative complaint for falsification of academic credentials under Sections 5 and 6, Rule 127 of the Rules of Court.
- Bar Admission and Disbarment
- Publico passed the 1960 Bar examination, took the lawyer’s oath, and signed the Roll of Attorneys.
- The Legal Officer-Investigator found he had falsified his school records, recommending his name be stricken from the Roll of Attorneys.
- On February 23, 1962, the Supreme Court, in a Bar Division Resolution, ordered his name stricken from the Roll.
- Repeated Petitions for Reinstatement
- June 28, 1973 petition: Claimed lack of notice of disbarment; denied.
- April 17, 1974 petition: Sought reopening of ex-parte hearing; denied.
- November 17, 1975 letter-petition: Requested personal hearing; denied.
- July 8, 1976 petition: Submitted evidence of civic and professional service; denied with finality.
- June 1, 1979 petition (and two supporting petitions): Presented testimonials from Integrated Bar, local government, and various certifications attesting to his good moral character, civic involvement, and professional competence; no opposition filed.
Issues:
- Primary Issue
- Whether petitioner has satisfied the criteria for reinstatement to the Roll of Attorneys.
- Whether public interest and the orderly administration of justice are served by restoring his license given his prior disbarment for falsification.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)