FACTS:

Atty. Danilo de Guzman filed a Petition for Judicial Clemency and Compassion seeking to be reinstated as a member of the Philippine Bar. He was disbarred in 2004 for his involvement in the leakage of questions during the 2003 Bar Examinations. He was working as an assistant lawyer at that time, and one of the partners in the law firm was the examiner for Mercantile Law in the exam. The Investigating Committee determined that the petitioner was the one who downloaded the test questions from the partner's computer and forwarded them to others. The Office of the Bar Confidant recommended the petitioner's reinstatement, and he submitted testimonials and endorsements to support his good moral character and dedication to public service.

ISSUES:

1. Whether or not the petitioner should be granted judicial forgiveness and compassion

2. Whether or not the petitioner should be allowed to take the lawyer's oath and practice the legal profession

3. Whether the penalty of disbarment should be commuted to suspension.

4. Whether the suspension has been served by the petitioner.

RULING:

1. The court finds that the petitioner should be granted judicial forgiveness and compassion. The court acknowledges that the petitioner has shown remorse for his actions and has made efforts to atone for his misdeeds. Additionally, the court considers the petitioner's promising future and is willing to extend compassion to prevent his career from being permanently ruined.

2. The court allows the petitioner to take the lawyer's oath and practice the legal profession. Despite the petitioner's misconduct, the court recognizes that he is not inherently of bad moral character. The court takes into consideration the petitioner's character and standing prior to his disbarment, the nature of the charges against him, his conduct subsequent to the disbarment, and the time that has elapsed since the disbarment. The court also considers the petitioner's good moral repute before and after the disbarment, as evidenced by testimonials from his constituents, colleagues, and people of known probity. The court also takes into account the petitioner's demonstrated commitment to public service and his continued assistance to others even after his disbarment, which reflects his strength of character and positive moral fiber.

3. Yes, the penalty of disbarment is commuted to seven (7) years suspension from the practice of law.

4. Yes, the suspension is considered as served in view of the petitioner's five (5) year disbarment.

PRINCIPLES:

• Judicial forgiveness and compassion can be granted to a lawyer who has shown remorse for his misconduct and has made efforts to atone for his misdeeds, particularly when the lawyer has a promising future.

• In deciding whether to allow a lawyer to take the lawyer's oath and practice the legal profession after disbarment, the court considers the applicant's character and standing prior to the disbarment, the nature of the charges for which he was disbarred, his conduct subsequent to the disbarment, and the time that has elapsed since the disbarment.

• Good moral character, both before and after disbarment, is a significant factor in determining whether a lawyer should be allowed to practice the legal profession.

• Demonstrated commitment to public service and continued assistance to others, even after disbarment, can contribute to a positive assessment of a lawyer's character and fitness to practice law.

• Penalties, such as disbarment, are imposed not to punish but to correct offenders.

• In determining whether to lift or commute the penalty of disbarment, the court takes into account the remorse of the disbarred lawyer and their conduct during the years of disbarment.

• The rehabilitation and remorse of the disbarred lawyer, as well as their conduct outside of the practice of law, are considered as factors in granting clemency or reinstatement.

• Lawyers have a duty to uphold the laws and their violation sets a pernicious example to society.