In re Adriatico
REITERATIONFacts
The Antecedents: The underlying dispute concerns the professional conduct of Macario Adriatico, who was removed from his office as a lawyer and had his certificate to practice law canceled and annulled by the Supreme Court on December 11, 1906, due to reasons detailed in a prior decision. Procedural History: Following his removal from the legal profession, Macario Adriatico has now presented a petition to the Supreme Court seeking reinstatement. This motion is supported by the Philippine Bar Association and is not opposed by any party. The Petition: The petition, presented through attorney W.A. Kincaid, requests the reinstatement of Macario Adriatico to the bar. Adriatico, who has served as a member of the First and Second Philippine Assemblies, has received commendations for his conduct from Governor-General W. Cameron Forbes, Speaker Sergio Osmeña, and Judge Mariano Cui. He pledges to uphold the law and act honestly and uprightly should his reinstatement be granted.
Issue(s)
Whether Macario Adriatico may be admitted to the bar of the Philippine Islands upon taking the usual oath.
Ruling
The Supreme Court held that Macario Adriatico may be admitted to the bar of the Philippine Islands upon taking the usual oath. It is so ordered.
Ratio Decidendi
On Whether Macario Adriatico may be admitted to the bar of the Philippine Islands upon taking the usual oath: The Court considered the petitioner's conduct since his suspension and the court's power in the premises. Citing relevant authorities such as In re Boone, In re Treadwell, and In re King, the Court was of the opinion that reinstatement was warranted. The Court noted the petitioner's prior removal from office as a lawyer on December 11, 1906, and the subsequent annulment of his certificate to practice law. However, the petition for reinstatement was supported by the Philippine Bar Association and had the approval of prominent government officials regarding his legislative conduct. Furthermore, the petitioner pledged to observe the laws and act honestly and uprightly in the future. Given these factors, including the petitioner's demonstrated good conduct and the court's inherent power to admit or disbar attorneys, the Court concluded that Adriatico could be readmitted to the bar upon taking the customary oath.
Main Doctrine
A lawyer previously removed from the bar may be reinstated upon a showing of good conduct since suspension and the taking of the usual oath, considering the court's power in the premises.