Photo from Pexels | Mikhail Pavstyuk
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Code of Professional Responsibility and Accountability (CPRA) provides that for reinstatement in the Roll of Attorneys, a disbarred lawyer may file a verified petition for judicial clemency after five (5) years from the receipt of the order, decision, or resolution of disbarment.
А lawyer who has been disbarred may file a verified petition for judicial clemency after five (5) years from the receipt of the order, decision, or resolution of disbarment.
Under Section 48 of the Code of Professional Responsibility and Accountability (CPRA), the verified petition for judicial clemency shall allege the following:
(a) that the verified petition was filed after five (5) years from the receipt of the order, decision, or resolution of disbarment;
(b) that the disbarred lawyer has fully complied with the terms and conditions of all prior disciplinary orders, including orders for restitution;
(c) that he or she recognizes the wrongfulness and seriousness of the misconduct for which he or she was disbarred by showing positive acts evidencing reformation;
(d) that he or she has reconciled, or attempted in good faith to reconcile, with the wronged private offended party in the disbarment case, or if the same is not possible, an explanation as to why such attempt at reconciliation could not be made. Where there is no private offended party, the plea for clemency must contain a public apology; and
(e) notwithstanding the conduct for which the disbarred lawyer was disciplined, he or she has the requisite good moral character and competence.
Any of the following allegations may also be made in support of the petition:
(a) that he or she still has productive years that can be put to good use if given a chance; or
(b) there is a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.
Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria.
If the petition has prima facie merit, the Supreme Court shall refer the petition to the Office of the Bar Confidant (OBC) or any fact-finding body the Court so designates for investigation, report and recommendation. The OBC or any other designated fact-finding body shall conduct and terminate the investigation and submit to the Supreme Court its report and recommendation within ninety (90) calendar days from receipt of the referral.
The Supreme Court shall decide the petition on the basis of clear and convincing evidence.
However, if the petition fails to show any prima facie merit, it shall be denied outright.
Click here to subscribe to our newsletter
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
All rights reserved.
