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Atty. Cordova left his wife and children to cohabit with another married woman. Later they reconciled but Cordova again lived with another woman, taking one of his children and hiding the child from his wife. A lawyer convicted of a crime needs more than a presidential pardon to be reinstated - they must petition the Supreme Court. A conditional pardon for a crime does not prevent subsequent disbarment for the same offense.
Atty. Cordova left his wife and children to cohabit with another married woman. Later they reconciled but Cordova again lived with another woman, taking one of his children and hiding the child from his wife. A lawyer convicted of a crime needs more than a presidential pardon to be reinstated - they must petition the Supreme Court. A conditional pardon for a crime does not prevent subsequent disbarment for the same offense.
Atty. Cordova left his wife and children to cohabit with another married woman. Later they reconciled but Cordova again lived with another woman, taking one of his children and hiding the child from his wife. A lawyer convicted of a crime needs more than a presidential pardon to be reinstated - they must petition the Supreme Court. A conditional pardon for a crime does not prevent subsequent disbarment for the same offense.
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.