Bar Matter No.

1222, February 4, 2004

FACTS:
On 22 September 2003, the day following the bar examination in Mercantile Law, Justice
Vitug, Chairman of the 2003 Bar Examinations Committee, was apprised of a rumored
leakage in the examination on the subject.
The Court adopted the recommendation of Justice Vitug, and resolved to nullify the
examination in Mercantile Law and to hold another examination on 04 October
2003 at eight oclock in the evening (being the earliest available time and date) at the De
La Salle University, Taft Avenue, Manila.
The resolution was issued without prejudice to any action that the Court would further
take on the matter.
Atty. Balgos claimed that the leaked test questions were prepared by him on his
computer. The culprit who stole or downloaded them from Atty. Balgos computer
without the latters knowledge and consent, and who faxed them to other persons, was
Atty. Balgos legal assistant - Atty. DANILO G. DE GUZMAN, a former law student
leader and honor student of FEU
RULING:
The Court deemed petitioner worthy of clemency to the extent of commuting his penalty to
seven (7) years suspension from the practice of law, inclusive of the five (5) years he had already
served his disbarment. According to the Court, penalties, such as disbarment, are imposed not to
punish but to correct offenders. While the Court was ever mindful of its duty to discipline its
erring officers, it also knew how to show compassion when the penalty imposed had already
served its purpose. In cases where the Court had deigned to lift or commute the supreme
penalty of disbarment imposed on the lawyer, it had taken into account the remorse of the
disbarred lawyer and the conduct of his public life during his years outside of the bar.