Five-year wait for disbarred lawyers, SC rules

Disbarred lawyers would need to wait for 5 years before they can seek for reinstatement as members of the court and of the Bar, according to the Supreme Court.

In a resolution penned by Associate Justice Estela Perlas-Bernabe, the SC laid down this new requirement in its new guidelines for judicial clemency.

Under the new clemency guidelines, a lawyer who has been disbarred is prohibited from filing a petition for judicial clemency within a period of five years from the effective date of his or her disbarment, “unless for the most compelling reasons based on extraordinary circumstances.” 

The SC stressed that upon the filing of the petition for clemency, a preliminary evaluation will be conducted to determine if it merits a Court action based on the criteria it provided. 

The criteria to be met  include the compliance of the petitioner with the terms and conditions of all prior disciplinary orders, including orders for restitution, as well as the five-year period to file; recognition by the petition the wrongfulness and seriousness of the misconduct for which he or she was disbarred; and notwithstanding the conduct for which the disbarred lawyer was disciplined, the disbarred lawyer has the requite integrity and competence to practice law.

If all the criteria are met, the SC said the petition for judicial clemency would be referred to the Office of the Bar Confidant (OBC) or any fact-finding body it has designated in order to verify the details and authenticity of the statements and the evidence attached to the clemency petitions. 

The result of the investigation of either the OBC or any other fact-finding body would then be submitted to the Court, which has the sole authority to decide the clemency petition based on the established facts. 

The high court said the new guidelines are applicable to petitions for clemency that are still pending or those filed after the promulgation of the guidelines. 

The new guidelines were issued by the Court in its resolution last March 2, 2021 that denied the March 21, 2019 Petition for Judicial Clemency and Compassion and the subsequent April 5, 2019 Supplemental Petition of lawyer  Romulo L. Ricafort, a disbarred lawyer who sought his reinstatement. 

The high court ruled that Ricafort failed to meet the criteria necessary for the Court to entertain his petition. 

The SC also noted that Ricarfort has committed multiple infractions “which all constitute serious breaches of his fiduciary duties to his past clients.”

It can be recalled that the Court recently granted the plea for judicial clemency filed by Sandiganbayan associate Justice Gregory Ong who was ordered dismissed from the service in 2014  after an investigation established his connection with alleged pork barrel scam mastermind Janet Lim-Napoles.

The magistrates ruled that Ong’s demonstration of remorse and reformation, along with his current health condition, are sufficient for the Court to mitigate his penalty. 

The Court partially granted his petition for clemency by reinstating his retirement benefits but  forfeiting  two-thirds of his lump sum benefit as penalty.

The Court also lifted the ban it imposed on Ong’s re-employment in any branch, agency or instrumentality of the government, including government-owned or controlled corporations.