A.

Reinstatement of a Lawyer

The constitutional power to admit candidates to the legal profession is a judicial function and involves
exercise of discretion (IN RE: ALMACEN). The power of the Supreme Court to regulation the practice of
law includes the power to reinstate any disbarred or indefinitely suspended attorney.

Reinstatement is the restoration in disbarment proceedings to a disbarred lawyer the privilege to practice
aw. The power of the Supreme Court to reinstate is based on its constitutional prerogative to promulgate
rules on the admission of applicants to the practice of law. (SECTION 5(5), ART. VIII, 1987
CONSTITUTION)

The applicant must, like a candidate for admission to the Bar, satisfy the Court that he is a person of good
moral character – a fir and proper person to practice law.

While the Court sympathizes with the predicaments of disbarred lawyers - may it be financial or reputational in
cause - it stands firm in its commitment to the public to preserve the integrity and esteem of the Bar. As held in a
previous case, "in considering [a lawyer's] application for reinstatement to the practice of law, the duty of the Court
is to determine whether he has established moral reformation and rehabilitation, disregarding its feeling of
sympathy or pity. Ultimately, with the above discussed guidelines not complied with, the Court has to be objective
and, therefore, denies the petition.

B. Procedure for the Lifting of an Order Suspending a Lawyer from the Practice of
Law

1. After a finding that respondent lawyer must be suspended from the practice of law, the Court shall
render a decision imposing the penalty;

2. Unless the Court explicitly states that the decision is immediately executory upon receipt thereof,
respondent has 15 days within which to file a motion for reconsideration thereof. The denial of said
motion shall render the decision final and executory;

3. Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the
practice of law and has not appeared in any court during the period of his or her suspension;

4. Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive
Judge of the courts where respondent has pending cases handled by him or her, and/or where he or she
has appeared as counsel;

5. The Sworn Statement shall be considered as proof of respondent’s compliance with the order of
suspension;

6. Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for
the imposition of a more severe punishment, or disbarment, as may be warranted
 C. Considerations for Reinstatement

1. The applicant’s character and standing prior to the disbarment;

2. The nature and character of the charge for which he was disbarred;

3. His conduct subsequent to the disbarment, and the time that has elapsed between the disbarment and
the application for reinstatement; (Prudential Bank v. Benjamin Grecia, A.C. No. 2756, Dec. 18, 1990)

4. His efficient government service; (In re: Adriatico, G.R. No. L-2532, Nov. 17, 1910)

5. Applicant’s appreciation of the significance of his dereliction and his assurance that he now possesses
the requisite probity and integrity; and

6. Favorable endorsement of the IBP and pleas of his loved ones. (Yap Tan v. Sabandal, B.M. No. 144,
Feb. 24, 1989)

D. Effects of Reinstatement

1. Reinstatement to the roll of attorneys wipes out the restrictions and disabilities resulting from a
previous disbarment (Cui v. Cui, G.R. No. L-18727, Aug. 31, 1964);

2. Recognition of moral rehabilitation and mental fitness to practice law;

3. Lawyer shall be subject to same law, rules and regulations as those applicable to any other lawyer; and

4. Lawyer must comply with the conditions imposed on his readmission.

E. Effect of Executive Pardon pending Disbarment Proceeding

If during the pendency of disbarment preceding the respondent was granted executive pardon, the
dismissal of the case on that sole basis will depend on whether the executive pardon is absolute or
conditional.

1. Absolute or unconditional pardon - the disbarment case will be dismissed.

2. Conditional pardon - the disbarment case will not be dismissed on the basis thereof.
An absolute pardon by the President is one that operates to wipe out the conviction as well as the offense
itself. The 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. (In re: Parcasio, A.C. No. 100, Feb. 18, 1976)

But where the proceeding to disbar is founded on the professional misconduct involved in the transaction
which culminated in his conviction, the effect of the pardon is only to relieve him of the penal
consequences 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.
(In re: Lontok, 43 Phil. 293, Apr. 7, 1922)
 Filing of a Sworn Statement as
proof of compliance thru the
Office of the Bar Confidant/
Local IBP Chapter/ Executive
Judge

Contrary findings Approved

Ground for severe

Effects
punishment/ disbarment

Recognition
Reinstatement to the Roll of
1. Moral Rehabilitation
Attorneys
2. Mental Fitness

Subject to the same law, rules, Compliance with the condition

and regulations of a lawyer of readmission