The Supreme Court denied Dominador M. Narag’s petition for reinstatement to the Bar, underscoring that readmission is contingent upon demonstrable reformation and moral rehabilitation. The Court emphasized that the practice of law is a privilege reserved for those who exhibit unassailable character. It is not granted merely on the basis of time elapsed or forgiveness from affected family members, especially when the underlying immoral conduct persists. This ruling reaffirms the high ethical standards expected of lawyers and ensures that only those who genuinely embody moral integrity are allowed to practice law.

When Forgiveness Isn’t Enough: Can a Disbarred Attorney Return After Immoral Conduct?

The case of Julieta B. Narag vs. Atty. Dominador M. Narag (A.C. No. 3405, March 18, 2014) revolves around a petition for readmission to the practice of law filed by Dominador M. Narag, who had been previously disbarred for gross immorality. The central question before the Supreme Court was whether Atty. Narag had sufficiently demonstrated genuine repentance and moral reformation to warrant his reinstatement. This case provides an opportunity to delve into the criteria for readmission to the Bar after disbarment, particularly when the disbarment was rooted in conduct considered morally reprehensible.

The factual backdrop of the case is significant. In 1989, Julieta B. Narag filed an administrative complaint against her husband, Atty. Narag, accusing him of violating Rule 1.01 of the Code of Professional Responsibility. The accusation stemmed from Atty. Narag’s amorous relationship with a 17-year-old college student, Gina Espita, while he was a college instructor and a member of the Sangguniang Panlalawigan of Cagayan. Julieta claimed that Atty. Narag had abandoned his family to live with Gina. The Supreme Court, in its June 29, 1998 Decision, found Atty. Narag guilty of gross immorality and ordered his disbarment, citing his breach of the high moral standards expected of legal professionals.

Atty. Narag sought reconsideration, alleging denial of due process, but his motion was denied with finality in September 1998. Fifteen years later, in November 2013, he filed the petition for reinstatement that is now the subject of this resolution. In his petition, Atty. Narag claimed to have repented and sought forgiveness from his wife and children, presenting an affidavit from his son attesting to this. He cited his age (80 years old), health issues, and involvement in civic activities as grounds for his readmission.

However, the Supreme Court was not persuaded. The Court reiterated the stringent standards for reinstatement to the Bar, stating that the decision rests on its sound discretion and depends on whether the public interest in the orderly and impartial administration of justice would be preserved. It emphasized that the applicant must demonstrate good moral character and fitness to practice law, taking into account their conduct before and after disbarment, the nature of the charges, and the time elapsed since disbarment.

“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.” (Bernardo v. Atty. Mejia, 558 Phil. 398, 401 (2007))

The Court found Atty. Narag’s claims of repentance unsubstantiated, particularly because he was still living with his paramour while still legally married to his wife. The Court noted that this behavior indicated a lack of genuine remorse and a failure to reform his immoral conduct. While his son’s affidavit suggested forgiveness from the family, the Court deemed it insufficient proof of forgiveness from Julieta and the other children, categorizing their supposed forgiveness as hearsay. Furthermore, the Court dismissed the significance of Atty. Narag’s holographic will bequeathing his properties to his wife and children, stating that it did not guarantee a genuine change of heart.

The Supreme Court highlighted that disbarment is not merely punitive but aims to protect the integrity of the legal profession and the public’s trust. Reinstatement requires demonstrable evidence of moral rehabilitation and a commitment to upholding the ethical standards of the Bar. Atty. Narag’s continued cohabitation with his paramour, despite his disbarment for abandoning his family, demonstrated that he had not genuinely reformed. Thus, the Court denied his petition, reinforcing that the privilege to practice law is reserved for those who consistently exhibit unassailable character.

This decision underscores the importance of moral integrity in the legal profession. Lawyers are expected to adhere to the highest ethical standards, both in their professional and personal lives. Acts of gross immorality, such as abandoning one’s family, can lead to disbarment, and reinstatement is not automatic. It requires a convincing demonstration of genuine repentance, moral reformation, and a commitment to upholding the ethical principles of the legal profession.

The dissenting opinion by Justice Leonen argued for a more lenient approach, emphasizing the importance of mercy and compassion. Justice Leonen cited previous cases where disbarred attorneys were readmitted to the Bar after demonstrating remorse and rehabilitation, even at an advanced age. He argued that Atty. Narag had suffered enough, considering his age, health condition, expressions of remorse, and the forgiveness he received from his family.

However, the majority opinion prevailed, highlighting the Court’s paramount duty to protect the public and maintain the integrity of the legal profession. The decision serves as a reminder that reinstatement to the Bar is not a right but a privilege, and it is contingent upon a convincing demonstration of moral rehabilitation. The Court’s decision emphasizes that actions speak louder than words, and continued immoral conduct undermines any claim of genuine repentance. The case reinforces the stringent ethical standards expected of lawyers and the importance of upholding those standards both in and out of the courtroom. The decision highlights that the practice of law is a privilege reserved for those who consistently demonstrate unassailable character and a commitment to ethical conduct.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Dominador M. Narag had sufficiently demonstrated genuine repentance and moral reformation to warrant his reinstatement to the Bar after being disbarred for gross immorality.
What was the basis for Atty. Narag’s disbarment?	Atty. Narag was disbarred for gross immorality due to his amorous relationship with a 17-year-old college student and abandoning his family to live with her, which the Court deemed a violation of the Code of Professional Responsibility.
What did Atty. Narag argue in his petition for reinstatement?	Atty. Narag argued that he had repented, sought forgiveness from his family, was of advanced age and in poor health, and had engaged in civic activities, thus warranting his readmission to the Bar.
Why did the Supreme Court deny his petition?	The Supreme Court denied his petition because he was still living with his paramour while legally married, indicating a lack of genuine remorse and moral reformation despite his claims of repentance and forgiveness from his family.
What is the standard for reinstatement to the Bar after disbarment?	Reinstatement requires demonstrating good moral character, fitness to practice law, genuine repentance, moral rehabilitation, and that the applicant’s readmission would not compromise the integrity of the legal profession.
What role does forgiveness from the affected family play in reinstatement?	While forgiveness from the family is considered, it is not sufficient for reinstatement if the attorney’s immoral conduct persists. The Court requires demonstrable evidence of moral rehabilitation beyond mere forgiveness.
Is advanced age a factor in considering reinstatement?	Advanced age can be a factor, as highlighted in the dissenting opinion, but it is not a decisive factor. The Court prioritizes the integrity of the legal profession and requires a clear demonstration of moral rehabilitation.
What is the significance of this ruling for legal professionals?	This ruling reinforces the high ethical standards expected of lawyers and emphasizes that reinstatement to the Bar is not automatic. It requires a convincing demonstration of moral rehabilitation and a commitment to upholding ethical conduct.

The Supreme Court’s decision in Narag vs. Narag serves as a critical reminder of the ethical responsibilities that accompany the privilege of practicing law. The ruling underscores the importance of genuine repentance and moral reformation as prerequisites for reinstatement following disbarment. It emphasizes that the legal profession demands not only legal competence but also unwavering moral integrity. This commitment ensures public trust and upholds the administration of justice.

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