February 20, 1981

IN RE: PETITION FOR REINSTATEMENT IN THE ROLL OF ATTORNEY

JUAN PUBLICO, petitioner.

Ponente: Melencio-Herrera, J.
Topic: Good Moral Character; Pre-Law
(Misrepresentation in high school records; Juan T. Publico v. Juan M. Publico)

FACTS OF THE CASE:

Juan T. Publico (Publico), after failing the 1959 Bar Examinations, filed a petition to take
the 1960 Bar Examinations. However, the petition was opposed by his uncle, Dulcisimo
Tapel (Tapel), on the ground that Publico was not of good moral character when he
MISREPRESENTED his school records by utilizing the school records of his cousin,
Juan M. Publico, thereby allowing him to enroll in third year high school at the University
of Manila. It was further alleged that Publico had not finished grade 6 of elementary
education. Tapel filed an administrative complaint for falsification of school records and
credentials against his nephew Publico. Pending the case, Publico passed the 1960 Bar
Examinations.

The Court’s Legal Officer Investigator, Ricardo Paras, submitted the following Report:
1. That Publico (Juan Tapel Publico) studied at Buhi Elementary School in Bato,
Catanduanes, until grade 6 but only completed grade 5.
2. That in 1950 (before S.Y. 1949-1950), Publico left school and came to Manila.
3. That he enrolled in third year high school at the University of Manila.
4. That when he was required to submit his documents by the school officials, he
submitted the documents of his cousin Juan M. Publico
5. That Publico falsified his school records, making it appear that he finished grade 6,
first year and second year high school
6. That Publico violated Section 5 and 6 of Rule 127 of the Rules of Court which requires
completion of prescribed courses in elementary, high school, pre-law, and law school
prior to admission to law practice
7. That it hereby recommended that Publico be stricken from the Attorney’s Roll.

The Supreme Court, in 1962, Publico’s name was stricken off the Roll. After 11 years,
Publico filed 5 Petitions for Reinstatement*, including the present Petition, from 1973 to
1979. In the same manner, PUP and the San Miguel (Catanduanes) Civic Association
filed their Petition** which were likewise denied.

ISSUE/S:

Whether or not Publico’s name should be reinstated in the Roll of Attorneys

HELD + RATIO:

Yes. Publico’s name should be reinstated in the Roll of Attorneys.

The Court held that the reinstatement in the Roll rests in the sound discretion of the
Court. The action “will depend, generally speaking, on whether or not it decides that the
public interest in the orderly and impartial administration of justice will be conserved by
the applicant's participation therein in the capacity of an attorney and counselor at law.”
The applicant must satisfy the court that he is a person of good moral character, a fit and
proper person to practice law. The court will take into consideration the following: (1)
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 (4) the time that has elapsed between the disbarment and the application for
reinstatement. (citing 5 Am. Jur., Sec. 301, p. 443)

In the case at bar, the Court held that the power to discipline, especially if
amounting to disbarment, should be exercised on the preservative and not on the
indicative principle. Evidence of Publico’s fitness to be reinstated as a member of the
Bar is shown by the testimonials and his good conduct and honorable dealings
subsequent to disbarment, and his active involvement in different organizations. Further,
the Court held that has been sufficiently punished and disciplined, after being barred
from the practice of law for almost 19 years.

Opinions (Concurring):
Barredo, J.: “I concur because there have been cases in the past where persons who
had not attended any law school were admitted to practice the law profession.”
Fernando, C.J.: Age cannot be considered as a mitigating circumstance of such act.
However, the resolutions, certifications from different government offices has shown that
Publico has shown good conduct subsequent to his disbarment, and that no other
misdeed has been committed by the latter. Citing Barba v. Pedro, “[t]here is no affront to
reason then in ruling that the punishment, while deserved, has lasted long enough. He
has sufficiently rehabilitated himself.” Membership in the bar is a privilege burdened with
conditions, one of the most important being fidelity to the concept that a lawyer is an
officer of the court. “He is expected to aid not to hinder or obstruct the cause of truth so
that justice may be dispened with according to law.” Lapse of time alone cannot call for a
reinstatement. It is more important that his conduct subsequent to the disbarment be
such that there can be reasonable expectation of his being able to comply with the
lawyer’s oath.
 * Table of Petitions for Reinstatement filed by Juan Publico

Date Petition Grounds Court Decision

1973 Reinstatement 1. He had never received information that his name was stricken off the Roll, not until he was taking his oath as DENIED
municipal judge of Gigmoto, Catanduanes in 1969 where he was advised to inquire about the outcome of the
disbarment case against him;

2. The court should take into consideration his exemplary conduct, his services to the community, numberous awards,
resolutions and commendations, and for the sake of his children

1974 Reinstatement 1. The disbarment complaint against him had been withdrawn but the Legal Officer proceeded with the case ex-parte DENIED
and that he was not able to cross-examine the witnesses against him;

that “he had suffered so much already and to let him suffer perpetual disqualification would not be in consonance with
the program of the New Society.”

2. That the Court reinstate his name in the Roll or re-open the case for him to be able to examine the witnesses against
him and clear himself of such charges.

1975 Letter-Petition to 1. That he may be given an opportunity to enjoy the privileges of a lawyer DENIED
the CJ
Makalintal 2. That a hearing be held for him to personally plead for his reinstatement.

1976 Reinstatement 1. he was a person of good moral character and had an exemplary social standing in the community, by his election to DENIED
various positions: peace officer of Barangay 593, Zone 58, Manila; President of the Stallholders and Vendors
Association of Pamilihang Sentral ng Sta. Mesa, Inc.; President of the Altura Elementary School General
Parents-Teachers Association; President of the San Miguel (Catanduanes) Civic Association in Metro Manila.

2. “He had been more than sufficiently punished and had been undergoing economic difficulties because of his
disbarment.”

1979 Reinstatement + 1. It was through the initiative of his uncle Tapel that he was able to enroll as a third year student in the University of PRESENT PETITION
Letter-Petition to Manila despite his disagreement; that the misrepresentation of his academic records were committed by Tapel as a
CJ Fernando faculty member of the Catanduanes Institute, who had access the such records; that he could not have acted with
discernment, being merely 16 years old and influenced by his uncle.

2. He had conducted himself in a manner befitting a member of the bar; that he had striven to serve the people and the
government, as shown by his positions held: (1) Municipal Attorney of San Miguel, Catanduanes, (2) Deputy Register
of Deed of Catanduanes, (3) Election Registrar of the Commission on Elections, and (4) Editorial Assistant in the
Editorial Staff of the defunct House of Representatives, and presently as (5) faculty member of the Polytechnic
 university of the Philippines, a State University.

3. The evidence presented shows his honesty and integrity and good moral character: Resolution of the IBP,
Catanduanes Chapter; Resolution of the Sangguniang Bayan of San Miguel, Catanduanes; the letter of the Mayor of
San Miguel, Alejandro T. Tatel addressed to the late CJ Castro, all attesting to his good character and standing in the
community and his capability as a lawyer; Certifications issued by the different government offices: Court of First
Instance of Catanduanes, Catanduanes Integrated National Police Command, Office of the Provincial Fiscal at Virac,
Catanduanes , and First Municipal Circuit Court, Bato-San Miguel, Bato, Catanduanes, certifying that petitioner has
not been accused nor convicted of any crime.

1979 Petition of PUP PUP:Atty. Publico is a competent and proficient teacher; that his moral integrity and honesty are beyond reproach; that PRESENT PETITION
and San Miguel to require him to comply with what he missed in the steps of the educational ladder would be meaningless and without
(Catanduanes) any value as it is not intended to benefit him nor the system of education
Civic Association
SAN MIGUEL CA: Petitioner was re-elected President of that Association for four years from 1972 to 1975 inclusive.