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Atty.

Cordova left his wife and children to cohabit with another


married woman. Later Salvacion and Cordova had a reconciliation
where Cordova promised to leave his mistress. But Cordova again
lived with another woman and worse, he took one of his children
with him and hid the child away from his wife.
Q: Is a disbarred lawyer by reason of conviction of a crime
automatically reinstated to the practice of law upon being
pardoned by the President?
A: No. o be reinstated, there is still a need for the !ling of an
appropriate petition with the Supreme Court. (In re: Rovero, A.M.
No. 126, Dec. 29, 1980)
Q: What is the efect if during the pendency of a
disbarment proceeding, the erring lawyer was granted
eecutive pardon?
A: "f during the pendency of a disbarment proceeding the
respondent was granted e#ecutive pardon, the dismissal of the
case on that sole basis will depend on whether the e#ecutive
pardon is absolute or conditional.
$. Absolue or uncond!!on"l p"rdon # the disbarment case will be
dismissed.
%. $ond!!on"l p"rdon # the disbarment case will no be dismissed
on the basis thereof.
Q: !, a member of the "ar, was charged with and found
guilty of estafa, for which he was sentenced to sufer
imprisonment and to indemnify the ofended party for the
amount Involved# $ot having ta%en an appeal from the
&udgment of conviction, upon 'nality thereof he was ta%en
into custody to serve sentence# A month after he was
incarcerated, he was granted pardon by the (hief
)ecutive on condition that he would not commit another
ofense during the unserved portion of his prison
sentence# *oon after !+s release from custody after being
pardoned, the ofended party in the criminal case 'led a
(omplaint for ,isbarment against ! in the *upreme (ourt#
! set up the defense that having been pardoned by the
(hief )ecutive for which reason he was released from
imprisonment, he may not be disbarred from the practice
of law anymore# Is !+s contention tenable?
A: &'s contention is not tenable. (e was granted only a
conditional pardon. Such conditional pardon merely relieved him
of the penal conse)uences of his act but did not operate as a bar
to his disbarment. Such pardon does not reach the o*ense itself.
(ence, it does not constitute a bar to his disbarment. (In re
%u!erre&, A.$. No. '#(6(, )uly (1, 1962* In re Av"ncen", A.$. No.
+0,, Au-us 1., 196,). +urthermore, the acts of & leading to his
conviction may be used to show that he does not possess the
necessary re)uirement of good moral character for continued
membership in the Bar (In re /"lloces, A.$. No. +(9, 0epe1ber
(0, 1982).
Q: Is a disbarred lawyer due to conviction for a crime
automatically reinstated to the practice of law upon being
pardoned by the President?
A, o be reinstated, there is still a need for the !ling of an
appropriate petition with the Supreme Court. (In re: Rovero,
101 SCRA 803)
"f during the pendency of a disbarment proceeding, the
respondent was granted e#ecutive pardon, the dismissal of the
case on that sole basis will depend on whether the e#ecutive
pardon is absolute or conditional. "f the pardon is absolute or
unconditional, the disbarment case will be dismissed. (owever, if
the e#ecutive pardon is conditional, the disbarment case will not
be dismissed on the basis thereof.
)fect of )ecutive Pardon pending ,isbarment Proceeding
"f during the pendency of disbarment preceding the respondent
was granted e#ecutive pardon, the dismissal of the case on that
sole basis will depend on whether the e#ecutive pardon is
absolute or conditional.
$. Absolute or unconditional pardon - the disbarment case will be
dismissed.
%. Conditional pardon - the disbarment case will not be dismissed
on the basis thereof.
An absolute pardon by the .resident is one that operates to wipe
out the conviction as well as the o*ense itself. he grant thereof
to a lawyer is a bar to a proceeding for disbarment against him, if
such proceeding is based solely on the fact of such conviction. /"n
re, .arcasio, A.C. No. $00, +eb. $1, $2345
But where the proceeding to disbar is founded on the professional
misconduct involved in the transaction which culminated in his
conviction, the e*ect of the pardon is only to relieve him of the
penal conse)uences of his act and does not operate as a bar to
the disbarment proceeding, inasmuch as the criminal acts may
nevertheless constitute proof that the attorney does not possess
good moral character. /"n re, Lontok, 67 .hil. %27, Apr. 3, $2%%5
)--)(. /- )!)(0.I1) PA2,/$
/$5 $ond!!on"l 8 he disbarment case will not be dismissed on the
basis thereof.
/%5 Absolue, be2ore conv!c!on 8 he disbarment case will be
dismissed. Absolute pardon by the .resident may wipe out
conviction as well as o*ense itself and the grant thereof in favor
of a lawyer is a bar to a proceeding for disbarment against him
based solely on commission of such o*ense.
/a5 he reason is that the respondent lawyer, after the absolute
pardon, is as guiltless and innocent as if he never committed the
o*ense at all.
/75 Absolue, "2er conv!c!on 8 "f absolute pardon is given to
lawyer after being disbarred for conviction of a crime, it does not
automatically entitle him to reinstatement to the bar. "t must be
shown by evidence aside from absolute pardon that he is now a
person of good moral character and !t and proper person to
practice law. "n case of a conditional pardon, there will be a
remission of une#pired period of sentence.
Q: What are the other grounds for disciplining a lawyer?
$. Non#pro2ess!on"l 1!sconduc
32: A lawyer may no be suspended or disbarred for misconduct
in his non-professional or private capacity.
!P$: 9here such is so -ross as to show him to be morally un!t
for o:ce or unworthy of privilege, the court may be ;usti!ed in
suspending or removing him from the <oll of Attorneys.
$ote: he issuance of worthless checks constitutes -ross
1!sconduc as its e*ect transcends the private interests of the
parties directly involved in the transaction and touches the
interests of the community at large.
%. %ross !11or"l!y 3 An act of personal immorality on the part of
a lawyer in his private relation with opposite se# may put his
character in doubt. But to ;ustify suspension or disbarment, the
act must not only be !11or"l, it must be -rossly !11or"l.
(Ab"!-"r v. 4"&, A.M. No. 99,, 0ep. 10, 19,9)
$ote: Cohabitation per se is not grossly immoral. "t depends on
circumstances and is not necessary that there be prior conviction
for an o*ense before lawyer may be disciplined for gross
immorality. "f the evidence is not su:cient to hold a lawyer liable
for gross immorality, he may s!ll be repr!1"nded where evidence
shows failure on his part to comply with rigorous standards of
conduct re)uired from lawyers.
7. $onv!c!on o2 " cr!1e !nvolv!n- 1or"l urp!ude 8 All crimes of
which fraud or deceit is an element or those inherently contrary to
rules of right conduct, honesty or morality in civili=ed community.
6. 4ro1o!n- o v!ol"e or v!ol"!n- pen"l l"5s
>. M!sconduc !n d!sc6"r-e o2 o7c!"l du!es 3 A lawyer who holds
a government o:ce may not be disciplined as a member of the
bar for misconduct in the discharge of his duties as government
o:cial.
(owever, if the misconduct is in violation of the C.< or of his oath
as a lawyer or is of such a character as to a*ect his )uali!cations
as a lawyer, he may be sub;ect to disciplinary action such as
disbarment. ($oll"nes v. Reno1eron, A.$. No. (0.6, Au-. 16,
1991)
$ote: his rule does not apply to impeachable o:cials like SC
;ustices, members of constitutional commissions and ?mbudsman
because they can be removed only by impeachment.
4. $o11!ss!on o2 2r"ud or 2"lse6ood* "nd
3. M!sconduc "s no"ry publ!c
$ote: By applying for having himself commissioned as notary
public, a lawyer assumes duties in a dual capacity, the non-
performance of which may be a ground for discipline as a member
of the bar.