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IN RE: PETITION FOR REINSTATEMENT OF ROLANDO S. TORRES INTO PHILIPPINE BAR

FACTS:

Rolando S. Torres (petitioner) filed a petition seeking judicial clemency to be reinstated in the Roll of Attorneys. Torres was disbarred in a resolution dated April 14, 2004 for gross misconduct and violation of the lawyer's oath and the Code of Professional Responsibility. He twice moved for reconsideration but was denied with finality by the Court. Torres continued to file motions and submissions seeking reinstatement or reduction of his penalty, all of which were either expunged or denied. More than ten years after his disbarment, Torres filed a petition for judicial clemency in 2015, but it was denied by the Court for his failure to provide substantial proof of reformation and remorse. Even with the denial, Torres filed the current petition seeking judicial clemency once again. The Court held that the petition lacked merit as Torres failed to show reformation, remorse, potential for public service, and compliance with guidelines for judicial clemency. Therefore, the Court denied the petition.

ISSUES:

  1. Whether or not the petitioner merits judicial clemency to be reinstated in the Roll of Attorneys.

RULING:

  1. No. The petition for reinstatement is denied. The petitioner failed to comply with the guidelines for the grant of judicial clemency, specifically, he failed to show proof of remorse and reformation, reconcile with the complainant, demonstrate potential for public service, and provide other relevant factors and circumstances that may justify clemency. Therefore, the petitioner is not deserving of reinstatement in the Roll of Attorneys.

PRINCIPLES:

  • Judicial clemency for lawyers should be balanced with the preservation of public confidence in the courts. It should only be granted if merited and if there is proof of reformation and potential for redemption.

  • Guidelines for resolving requests for judicial clemency include proof of remorse and reformation, sufficient time lapse from the imposition of the penalty, a showing of promise and potential for public service, and other relevant factors and circumstances that may justify clemency.