In re Vailoces
REITERATIONFacts
The Antecedents: Petitioner Quinciano D. Vailoces, a member of the bar and a notary public, was found guilty of falsification of public document under Article 117 of the Revised Penal Code by the Court of First Instance of Negros Oriental. He acknowledged the execution of a document purporting to be the last will and testament of Tarcila Visitacion de Jesus. The document was later found to be a forgery, and probate was denied. Petitioner was sentenced to an indeterminate sentence. Procedural History: The Court of Appeals affirmed the conviction. Petitioner commenced service of his sentence. Subsequently, disbarment proceedings were instituted against him, culminating in his disbarment on April 12, 1961. On December 27, 1967, the President of the Philippines granted petitioner an absolute and unconditional pardon, restoring him to full civil and political rights. The Petition: Petitioner repeatedly sought readmission to the practice of law since August 23, 1968. His initial pleas were denied or deferred. In his December 12, 1977 petition, he attached numerous documents attesting to his good moral character and rehabilitation from various local officials and members of the bar. The Integrated Bar of the Philippines (IBP) initially indorsed his plea. However, oppositions were filed by the complainant in the disbarment case, Ledesma de Jesus-Paras, and by Nicanor Vailoces, a barangay captain, citing non-reformation and immoral conduct. The IBP, after reviewing comments and oppositions, reaffirmed its indorsement. The Solicitor General, after investigation, recommended reinstatement.
Issue(s)
Whether petitioner Quinciano D. Vailoces has sufficiently proven himself fit to be readmitted to the practice of law, considering his conduct after disbarment and the evidence of his moral reform and rehabilitation. Whether the pardon granted to the petitioner warrants his automatic reinstatement to the roll of attorneys, and the extent to which evidence of reformation is required for reinstatement.
Ruling
The Court ordered the reinstatement of Quinciano D. Vailoces in the roll of attorneys.
Ratio Decidendi
On the issue of petitioner's fitness for readmission and the effect of pardon: The Court sustained the conclusion of the Solicitor General that petitioner had sufficiently proven himself fit to be readmitted to the practice of law. While acknowledging that a plenary pardon does not automatically warrant reinstatement, the Court emphasized that evidence of reformation is required. The Court cited that the requirements for reinstatement are the same as for original admission, with a potentially greater degree of proof needed. The decisive question is whether the applicant is of 'good moral character' and a fit person to be entrusted with the privileges of an attorney. The Court found that petitioner's conduct after disbarment, including regaining the respect of his peers and community, his active participation in civic undertakings, and the favorable indorsements from various officials and organizations, attested to his moral reform and rehabilitation. The Court noted that petitioner, at 69 years of age, had been barred for 21 years, and adequate punishment had been exacted. His pledge to conduct himself honestly and uprightly if reinstated was also considered, leading to a reasonable expectation of an irreproachable life and fidelity to the lawyer's oath. On the issue of whether pardon automatically warrants reinstatement: The Court clarified that a pardon, even an absolute and unconditional one, does not automatically entitle an attorney to reinstatement. The Court reiterated that evidence of reformation is a prerequisite. The Court's decision to reinstate was based on the totality of evidence demonstrating the petitioner's rehabilitation and good moral character, not solely on the pardon.
Main Doctrine
Reinstatement to the roll of attorneys requires evidence of reformation and proof of good moral character, even after a pardon has been granted, with the court requiring a greater degree of proof than for original admission.