The Supreme Court denied Dominador M. Narag’s petition for reinstatement to the Bar, underscoring the stringent moral requirements for legal professionals. Narag was previously disbarred for gross immorality after abandoning his family to live with a younger woman. Despite claims of repentance and forgiveness from his family, the Court found insufficient evidence of genuine reformation, particularly as he continued to cohabitate with his former paramour. This decision reinforces the principle that readmission to the legal profession requires demonstrable and sustained ethical rehabilitation, safeguarding the integrity of the legal system.

Can Forgiveness Erase Professional Misconduct? The Saga of Atty. Narag’s Disbarment

This case revolves around the petition for readmission to the practice of law by Dominador M. Narag, who was disbarred on June 29, 1998. The disbarment stemmed from an administrative complaint filed by his wife, Julieta B. Narag, accusing him of gross immorality. Julieta claimed that Dominador had violated Rule 1.01 of the Code of Professional Responsibility, which prohibits lawyers from engaging in unlawful, dishonest, immoral, or deceitful conduct. He was also accused of breaching Canons 1 and 6, which mandate upholding the Constitution and obeying the laws. The core of the complaint was that Dominador maintained an amorous relationship with a 17-year-old college student, Gina Espita, and abandoned his family to live with her. The Supreme Court initially found him guilty, leading to his disbarment.

More than fifteen years after his disbarment, Dominador sought reinstatement to the Bar, arguing that he had repented and been forgiven by his family. He presented an affidavit from his son attesting to this forgiveness and cited his advanced age (80 years old) and health issues as mitigating factors. He also highlighted his involvement in the Philippine Air Force Reserve Command and various rescue missions. However, the Supreme Court remained unconvinced. The Court emphasized that reinstatement to the Roll of Attorneys depends on whether the applicant demonstrates good moral character and fitness to practice law, ensuring the public interest in the administration of justice is preserved.

The Supreme Court reiterated that disbarment is a severe penalty imposed to maintain the integrity of the legal profession. The Court referenced the case of Bernardo v. Atty. Mejia, stating:

Whether the applicant shall be reinstated in the Roll of Attorneys rests to a great extent on the sound discretion of the Court. The action will depend on whether or not the Court decides that the public interest in the orderly and impartial administration of justice will continue to be preserved even with the applicant’s reentry as a counselor at law. The applicant must, like a 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. The Court will take into consideration the applicant’s character and standing prior to the disbarment, the nature and character of the charge/s for which he was disbarred, his conduct subsequent to the disbarment, and the time that has elapsed between the disbarment and the application for reinstatement.

The Court found that Dominador’s continued cohabitation with his former paramour, while still legally married to Julieta, demonstrated a lack of genuine remorse and ethical reform. The Court emphasized that the legal profession demands the highest moral standards, and Dominador’s actions fell short. The Court also noted that while his son attested to the family’s forgiveness, there was insufficient evidence that Julieta and his other children had also forgiven him. Even if forgiveness had been universally granted, the Court clarified that it would not negate the fact that Dominador was still engaging in a grossly immoral act.

The Court also addressed Dominador’s execution of a holographic will bequeathing his properties to his wife and children, deeming it immaterial to his ethical rehabilitation. The Court reasoned that Dominador could easily change his will after being readmitted to the Bar. In essence, the Court was looking for concrete evidence of sustained behavioral change, not just promises or symbolic gestures. The dissenting opinion argued for judicial clemency, citing Dominador’s age, remorse, and community service, and referencing other cases where disbarred attorneys were reinstated after demonstrating rehabilitation. However, the majority remained firm, emphasizing the need to protect the integrity of the legal profession.

The dissenting justice cited several cases where leniency was granted, such as Bernardo v. Atty. Mejia, In Re: Quinciano D. Vailoces, and In Re: Atty. Tranquilino Rovero. In these cases, the attorneys were reinstated after demonstrating rehabilitation, showing remorse, and enduring the ignominy of disbarment for a significant period. The dissent argued that Dominador had suffered enough and that his remorse, coupled with his family’s forgiveness, warranted his reinstatement. However, the majority distinguished these cases, emphasizing that Dominador’s continued cohabitation with his former paramour indicated a lack of genuine reform.

The Supreme Court’s decision highlights the importance of ethical conduct for lawyers, both in their professional and personal lives. The case serves as a reminder that disbarment is not just a punishment but a measure to protect the public and maintain the integrity of the legal profession. Reinstatement is not automatic after a certain period; it requires demonstrable evidence of moral rehabilitation and a commitment to upholding the highest ethical standards. The decision underscores the principle that a lawyer’s conduct must be beyond reproach, both in and out of the courtroom, and that actions speak louder than words when it comes to demonstrating genuine reform.

FAQs

What was the key issue in this case?	The key issue was whether Dominador M. Narag, a disbarred attorney, should be reinstated to the practice of law after being disbarred for gross immorality. The Court considered his claims of repentance, forgiveness from his family, and contributions to the community.
What was the basis for Narag’s original disbarment?	Narag was disbarred for gross immorality after abandoning his family to live with a 17-year-old college student. This was deemed a violation of the Code of Professional Responsibility, specifically Rule 1.01 and Canons 1 and 6.
What evidence did Narag present to support his petition for reinstatement?	Narag presented an affidavit from his son attesting to his family’s forgiveness, his advanced age and health issues, his involvement in the Philippine Air Force Reserve Command, and testimonials from community members. He also presented a holographic will leaving his properties to his wife and children.
Why did the Supreme Court deny Narag’s petition?	The Court denied the petition because Narag continued to cohabitate with his former paramour while still legally married to his wife, indicating a lack of genuine remorse and ethical reform. The Court deemed this as a continued commission of a grossly immoral act.
What is the standard for reinstatement to the Roll of Attorneys?	The standard requires the applicant to demonstrate good moral character and fitness to practice law, ensuring the public interest in the administration of justice is preserved. The Court considers the applicant’s conduct before and after disbarment.
How did the Court view the evidence of forgiveness from Narag’s family?	While the Court acknowledged the affidavit from Narag’s son, it found insufficient evidence that his wife and other children had also forgiven him. Furthermore, the Court stated that even with forgiveness, his continued cohabitation was still considered immoral.
What was the significance of Narag’s holographic will?	The Court deemed the holographic will immaterial to his ethical rehabilitation, stating that he could easily change it after being readmitted to the Bar. The Court was looking for sustained behavioral change, not just promises or symbolic gestures.
What was the dissenting opinion’s argument?	The dissenting opinion argued for judicial clemency, citing Narag’s age, remorse, community service, and referencing other cases where disbarred attorneys were reinstated after demonstrating rehabilitation. The dissent argued that he had suffered enough.
What is the key takeaway from this case for legal professionals?	This case underscores the importance of ethical conduct for lawyers, both in their professional and personal lives. It highlights that reinstatement requires demonstrable evidence of moral rehabilitation and a commitment to upholding the highest ethical standards.

In conclusion, the Supreme Court’s decision in Narag v. Narag reinforces the high ethical standards expected of legal professionals and the stringent requirements for reinstatement after disbarment. The ruling emphasizes that genuine reformation and a commitment to moral integrity are essential for readmission to the Bar, protecting the public and maintaining the integrity of the legal system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JULIETA B. NARAG VS. ATTY. DOMINADOR M. NARAG, A.C. No. 3405, March 18, 2014