Case Summary (Adm. Case No. 997)
Procedural and Factual Background: Conviction and Disbarment
Attorney Rovero was convicted by a competent court for violation of Section 2703 of the Revised Administrative Code (smuggling) and was sentenced to pay a fine of P2,500.00. On October 24, 1952, the Court ordered his disbarment and the surrender of his lawyer’s certificate.
Post-Conviction Petitions for Reinstatement and Prior Denials
Rovero filed a petition for reinstatement on July 7, 1956, asserting hardship caused by disbarment and that he had been granted an absolute and unconditional pardon and restored to full civil and political rights; the petition included a pledge of future good conduct. The Court denied that petition. He again sought readmission on March 10, 1958, which the Court likewise denied. He later renewed his petition when he was about 71 years old.
Legal Standard for Readmission to the Bar
The Court reiterated the established rule that an applicant for reinstatement must satisfy the Court, as a candidate for admission would, that he is a person of good moral character and otherwise a fit and proper person to practice law. The decision cites Cui v. Cui for this standard.
Evidence of Rehabilitation and Good Conduct
The Court reviewed substantial evidence of Rovero’s post-disbarment conduct: active participation in civic and educational organizations; service as secretary of the Provincial Board of Aklan; accreditation as a delegate of the Aklan Chapter of the Philippine National Red Cross to its Second Biennial National Convention; role in organizing and serving as president of the Quezon City Central Lions Club; presidency of the Board of Trustees of the Northwestern Visayan Colleges in Kalibo, Aklan; and executive positions in commercial establishments (president of Filipino Industrial Corporation, vice-president of Meteor Company, Inc., and president of the Rural Bank of Hermosa in Bataan). Testimonials from community and professional leaders—including certification of good conduct by the president of the Aklan Bar Association and commendation from his parish priest—were presented and considered by the Court.
Effect of the Absolute and Unconditional Pardon
The Court examined the legal effect of the absolute and unconditional pardon granted by President Ramon Magsaysay. Applying the principle reiterated in In re Marcelino Lontok, the Court treated a full (plenary) pardon as one that releases punishment, blots out the guilt in the eyes of the law, removes disabilities resulting from conviction, and in effect restores the individual’s civil capacities. On this basis, the pardon was held to have significant rehabilitative legal effect relevant to Rovero’s fitness to practice law.
Passage of Time and Sufficiency of Punishment
The Court noted the lengthy interval—more than 28 years—since Rovero’s disbarment and found that he had been sufficiently punished and disciplined. This consideration of time elapsed since disciplinary action, together with demonstrated rehab
...continue readingCase Syllabus (Adm. Case No. 997)
Procedural Caption and Decision Information
- Report citation: 189 Phil. 604 EN BANC.
- Administrative Case No.: A.C. No. 126.
- Decision date: December 29, 1980.
- Nature of proceeding: Petition for reinstatement in the Roll of Attorneys filed by respondent Tranquilino Rovero.
- Disposition: Order of disbarment lifted; Attorney Tranquilino Rovero reinstated in the legal profession and restored to the practice of law.
- Court directive: The Clerk of Court is directed to return to him his lawyer's diploma, his certificate of admission to the Bar, and any other certificate issued to him relative to his admission to the Bar.
- Justices concurring in the opinion: Barredo, Makasiar, Aquino, Fernandez, Guerrero, Abad Santos, De Castro, and Melencio-Herrera, JJ.
- Justices concurring in the result only: Fernando, C.J., and Teehankee, J.
Factual Background: Conviction and Disbarment
- On October 24, 1952, the Court found that respondent Tranquilino Rovero had been found guilty by a competent court of a violation of Section 2703 of the Revised Administrative Code, as amended (Smuggling).
- The conviction resulted in a sentence to pay a fine of P2,500.00.
- Upon that finding, the Court ordered Rovero’s disbarment and the surrender of the lawyer’s certificate issued to him.
Subsequent Petitions for Reinstatement and Procedural History
- July 7, 1956: Rovero filed a petition for reinstatement, asserting that disbarment had caused him untold misery and mental anguish, that he had been granted an absolute and unconditional pardon and restored to full civil and political rights, and pled “on bended knees” not to commit the same or similar mistake in the future nor to involve himself in transactions that might drag down his name as a lawyer and citizen; the Court denied this petition.
- March 10, 1958: Rovero again petitioned for readmission to the practice of law; the Court denied this subsequent plea.
- By the time of the present petition leading to the 1980 resolution, the respondent was described as "now in his twilight years (71 years old)" and humbly and earnestly asked to be reinstated in the Roll of Attorneys "before crossing the bar to the great beyond."
Governing Standard for Reinstatement
- The Court reiterated the established requirement that to be reinstated to the practice of law, a respondent must, like any other candidate for admission to the bar, satisfy the Court that he is a person of good moral character and a fit and proper person to practice law (citing Cui v. Cui, 120 Phil. 725).
- The ruling applies the standard of proving moral fitness and rehabilitation to the instant case.
Evidence of Rehabilitation, Good Conduct, and Civic Involvement
- The record shows that since his disbarment in 1952, Rovero had “honorably dealt with his fellow citizens” and had demonstrated moral rehabilitation and reformation sufficient to be fit once more to engage in the practice of law.
- Civic and educational activities:
- Appointed secretary of the Provincial Board of Aklan when the province was organized.
- Accredited delegate of the Aklan Chapter of the Philippine National Red Cross to its Second Biennial National Co