Case Summary (A.C. No. 439)
History of Conviction and Disbarment
On September 30, 1955, Vailoces was found guilty of falsification under Article 171 of the Revised Penal Code and was sentenced to an indeterminate prison term of 2 years, 4 months, and 1 day to 8 years and 1 day. The conviction stemmed from Vailoces' role as a notary public, where he acknowledged a forged last will and testament, leading to disbarment proceedings initiated by de Jesus-Paras and culminating in his disbarment on April 12, 1961.
Pardon and Efforts for Reinstatement
Vailoces received an absolute and unconditional pardon from the President of the Philippines on December 27, 1967, restoring his civil and political rights. He began his attempts for readmission on August 23, 1968, but his petitions were repeatedly denied or deferred. Vailoces finally submitted a more comprehensive application for reinstatement on December 12, 1977, which included endorsements from various individuals and organizations attesting to his reformed character and good moral standing.
Opposition to Reinstatement
Opposition to Vailoces' readmission came notably from Ledesma de Jesus-Paras and Nicanor Vailoces, a barangay captain who alleged that Vailoces had not reformed and engaged in immoral conduct. The Integrated Bar of the Philippines assessed these oppositions and indicated that the general nature of such accusations lacked specific, actionable allegations and thus could not impede Vailoces' chances for reinstatement.
Evaluation of Moral Character and Reformation
The Integrated Bar provided a favorable recommendation for reinstatement, and subsequent investigations by the Solicitor General corroborated claims of Vailoces' moral reform since his disbarment. The recommendation focused on whether the applicant possessed "good moral character" suitable for a practicing attorney, highlighting the importance of reformation beyond merely receiving a pardon.
Conclusion and R
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Case Overview
- The case involves a petition filed by Quinciano D. Vailoces for readmission to the practice of law and inclusion in the roll of attorneys.
- Vailoces was previously found guilty of falsification of a public document, leading to his disbarment in 1961.
Background of the Case
- Initial Conviction: On September 30, 1955, the Court of First Instance of Negros Oriental convicted Vailoces of violating Article 171 of the Revised Penal Code, imposing an indeterminate sentence ranging from 2 years and 4 months to 8 years and 1 day of prision mayor, along with additional penalties and fines.
- Nature of the Crime: The crime involved Vailoces, as a notary public, acknowledging a forged last will and testament of Tarcila Visitacion de Jesus, which was later denied probate by the court.
- Disbarment: Following his conviction, disbarment proceedings were initiated by Ledesma de Jesus-Paras, culminating in Vailoces's disbarment on April 12, 1961.
Pardon and Subsequent Petitions for Reinstatement
- Presidential Pardon: On December 27, 1967, Vailoces received an "absolute and unconditional pardon," restoring his civil and political rights.
- Repeated Applications: Since August 23, 1968, Vailoces made multiple applications for readmission, all facing various degrees of denial.
- The first petition was denied in a resolution dated August 30, 1968.
- A subsequent petition in February 1970 was deferred pending the integration of the bar.
- On December 12, 1977, he filed another petition supported by numerous endorsements and certifications attesting to his character post-pardon.