18 - in Re. Atty. Tranquilino Rovero, A.M. No. 126 December 29, 1980
18 - in Re. Atty. Tranquilino Rovero, A.M. No. 126 December 29, 1980
FACTS:
On October 24, 1952, respondent was disbarred and surrendered the lawyer’s certificate issued
to him when the Court found him guilty of a violation of Section 2703 of the Revised
Administrative Code, as amended, or Smuggling, as well paid a fine of 2,500 pesos.
Almost four (4) years thereafter, or on July 7, 1956, the said respondent filed a petition for
reinstatement, claiming, among others, that his disbarment had caused him untold misery and
mental anguish, and that he had been granted an absolute and unconditional pardon for his
crime and restored to full civil and political rights, and pledged, "on banded knees", "not to
commit the same or similar mistake in the future nor to involve himself further in any
transaction which might tend to drag down his name as lawyer and as an ordinary dignified
citizen. The Court, however, denied his petition.
Not one to be disheartened, on March 10, 1958, the respondent Tranquilino Rovero again
implored the Court to be readmitted to the practice of law, but the Court turned a deaf ear to
his plea. Once more, the respondent Tranquilino Rovero, "now in his twilight years (71 years
old)" asks humbly and earnestly of the Court to be reinstated in the Roll of Attorneys "before
crossing the bar to the great beyond."
ISSUE/S:
1. Whether or not respondent should be reinstated in the Roll of Attorneys. [YES]
HELD:
1. Yes, he should.
To be reinstated to the practice of law, it is necessary that the respondent must, like any
other candidate for admission to the bar, satisfy the Court that he is a person of good
moral character — a fit and proper person to practice law.
An absolute pardon not only blots out the crime committed, but removes all disabilities
resulting from the conviction. In the case of In re Marcelino Lontok, the Court, in dismissing
the disbarment proceeding against the respondent therein, who had been convicted of bigamy,
a crime involving moral turpitude, upon the ground that the respondent had been granted
plenary pardon for his crime, applied the rule that "a person reaches both the punishment
prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases
the punishment and blots out of existence the guilt, so that in the eye of the law the offender is
as innocent as if he had never committed the crime," and, "if granted before conviction, it
prevents any of the penalties and disabilities, and restores him to all his civil rights; it makes
him, as it were, a new man and gives him a new credit and capacity."
In the instant case, it appears that since his disbarment in 1952, the respondent 'Tranquilino
Rovero has honorably dealt with his citizens. He had demonstrated his moral rehabilitation and
reformation as to be fit, once more, to engage in the practice of law. Mr. Rovero has been active
in several civic and educational organizations. He was appointed the secretary of the Provincial
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Board of Aklan where that province was organized. He had also been the duly accredited
delegate of the Aklan Chapter of the Philippine National Red Cross to its Aklan Chapter of the
Philippine National Red Cross to its Second Biennial National Convention held in Manila on
August 23 to 26, 1957. He was president of the Quezon City Central Lions Club which he
helped organize, and for a time, he was president of the Board of Trustees of the Northwestern
Visayan Colleges in Kalibo, Aklan.
Mr. Rovero has also held high positions of trust in commercial establishments. He had been
elected the president of the Filipino Industrial Corporation; the vice-president of the Meteor
Company, Inc., and the president of the Rural Bank of Hermosa (Bataan), a position which he
holds up to the present.
Testimonials have been presented regarding the high esteem accorded him in the community
to which he belongs. His good conduct is certified to by the president of the Aklan Bar
Association and the parish priest of Christ the King Church who stated that Mr. Rovero "is a
devoted parishioner who always gets voluntarily involved in the various charitable activities of
the parish," and "is cooperative and responsible and gets along fine with his fellow parishioners.
" His conduct has also merited the approval of the late Pres. Ramon Magsaysay who granted
him an absolute and unconditional pardon for his crime.
Under the circumstances, and considering that more than 28 years had already passed since he
was disbarred, the respondent Tranquilino Rovero has been sufficiently punished and
disciplined.
WHEREFORE, the order of disbarment is lifted and Attorney Tranquilino Rovero is hereby
reinstated in the legal profession and restored to the practice of law. The Clerk of Court is
directed to return to him his lawyer's diploma, his certificate of admission to the Bar, and any
other certificate issued to him relative to his admission to the Bar.