Case Summary (G.R. No. 100643)

Background of Disbarment

• Atty. Benjamin M. Dacanay was found guilty of intercalating a material fact in a decision of the Court of Appeals on October 30, 1992.
• The intercalation was intended to mislead the Supreme Court and obtain a favorable judgment.
• As a result of this misconduct, Atty. Dacanay was disbarred from the practice of law.

Motion for Reconsideration

• On November 20, 1992, Atty. Dacanay filed a Motion for Reconsideration, claiming the inserted words were written by his client and inadvertently adopted by his secretary.
• He argued that he would not risk committing such an act again, especially as he was a nominee for a judicial position.
• The Court denied the motion on December 3, 1992, citing a lack of compelling reasons for reversal.

Subsequent Appeals for Reinstatement

• On February 23, 1994, Atty. Dacanay filed a Motion to Lift Disbarment, expressing remorse and providing certifications of good moral character from various individuals, including judges and community leaders.
• The Court denied this motion on August 11, 1994.

Continued Pleas for Mercy

• On December 1, 1994, Atty. Dacanay submitted an Ex-Parte Motion to Lift Disbarment, detailing his struggles and community work since disbarment.
• His wife also wrote to the Court, expressing her desire for reconsideration of his disbarment due to the trauma it caused their family.

Acknowledgment of Wrongdoing

• On March 6, 1995, Atty. Dacanay reiterated his plea for reinstatement, taking full responsibility for his actions and expressing deep remorse.
• He emphasized the impact of his disbarment on his family and his commitment to uphold the dignity of the legal profession if reinstated.

Ongoing Struggles and Requests

• On August 4, 1995, Atty. Dacanay again requested reinstatement, highlighting the hardships faced by his family during his disbarment.
• The Court noted his request on September 12, 1995.

Final Plea and Reflection

• On November 17, 1995, Atty. Dacanay acknowledged the suffering caused by his disbarment and the stigma faced by his family.
• He expressed a desire to redeem himself and prove his worthiness to practice law.

Court's Decision t...continue reading

Case Syllabus (G.R. No. 100643)

Background of the Case

• The case involves Atty. Benjamin M. Dacanay, who was found guilty of intercalating a material fact in a decision of the Court of Appeals.
• The act of intercalation was perceived as an attempt to mislead the Supreme Court to obtain a favorable judgment.
• As a consequence of this misconduct, Atty. Dacanay was disbarred from the practice of law by the Supreme Court on 30 October 1992.

Initial Disbarment and Motion for Reconsideration

• On 20 November 1992, Atty. Dacanay filed a Motion for Reconsideration, claiming that the inserted words in the court decision were not his doing but were written by his client.
• He indicated that the inclusion was an unintentional act by his secretary when formalizing the petition for the Supreme Court.
• The Supreme Court denied his motion on 3 December 1992, stating that there was no compelling reason to reverse the disbarment.

Subsequent Appeals and Pleas for Reinstatement

• On 23 February 1994, Atty. Dacanay submitted a Motion to Lift (Disbarment), expressing remorse for his actions and providing certifications of good moral character from various reputable individuals.
• The Court denied this motion on 11 August 1994 w...continue reading