When a Disbarred Lawyer Cannot Be Disbarred Again: Implications for Reinstatement

A.C. No. 8219 [Formerly CBD Case No. 18-5708], August 29, 2023

Imagine entrusting your legal case to an attorney, only to discover they’ve been extorting money for favorable outcomes. This scenario, unfortunately, became a reality for several individuals in Cavite, Philippines, involving Atty. Leonuel N. Mas. While he had already been disbarred for a prior offense, this case raises crucial questions about the extent of disciplinary actions and the possibility of reinstatement for repeat offenders. This decision clarifies the principle that while a lawyer cannot be disbarred twice, subsequent offenses impact their eligibility for judicial clemency.

Legal Context: Attorney Ethics and Disciplinary Actions

In the Philippines, attorneys are held to the highest ethical standards, governed by the Code of Professional Responsibility and Accountability (CPRA). This code outlines expected conduct, emphasizing honesty, integrity, and adherence to the law. Disciplinary actions, including disbarment, are imposed for violations that undermine public trust in the legal profession. The power to discipline erring lawyers is an inherent power of the Supreme Court.

The CPRA’s Canon II underscores the importance of propriety, stating that “A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.” Section 1 further emphasizes that “A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.”

Disbarment, the most severe penalty, permanently revokes an attorney’s license to practice law. However, disbarred lawyers can petition for judicial clemency and reinstatement, demonstrating rehabilitation and fitness to rejoin the legal profession. This process involves rigorous scrutiny of their conduct since disbarment.

Case Breakdown: The Saga of Atty. Leonuel N. Mas

The Office of the Provincial Prosecutor of Cavite filed a disbarment suit against Atty. Leonuel N. Mas, an Assistant Provincial Prosecutor, for allegedly extorting PHP 58,000 from complainants in an Estafa case. The complainants, Anabelle Sarte Gaña, Lauro Sarte, and Elvira Shibuya, claimed that Atty. Mas demanded the money in exchange for a favorable resolution.

• The complainants received a subpoena for a preliminary investigation.
• Atty. Mas allegedly assured them of a swift and favorable resolution in exchange for a “docket fee” of PHP 150,000.
• After negotiation (simulated by Atty. Mas), the fee was reduced to PHP 58,000, which the complainants paid.
• Atty. Mas then ceased communication, prompting the complainants to seek assistance from the Provincial Prosecutor.

The Supreme Court previously disbarred Atty. Mas in Stemmerik v. Mas for embezzling PHP 4.2 million from a client. Despite this, the IBP investigated the new allegations. The IBP found Atty. Mas liable for deceit, gross misconduct, and dishonesty. However, the IBP initially recommended dismissing the case as moot, given the prior disbarment.

The IBP Board of Governors modified this recommendation, stating that disbarment should be imposed if and when the prior disbarment is lifted. The Supreme Court affirmed the IBP’s findings of fact but modified the penalty, citing that a lawyer cannot be disbarred twice. However, the Court emphasized the significance of recording the subsequent offense for future consideration of judicial clemency.

The Court quoted from the Stemmerik case: “Respondent should not be allowed to benefit from his disappearing act. He can neither defeat this Court’s jurisdiction over him as a member of the bar nor evade administrative liability by the mere ruse of concealing his whereabouts.”

The Court further stated: “While indeed his condemnable acts in this case merit the penalty of disbarment, the Comi cannot disbar him anew for in this jurisdiction We do not impose double disbarment…[o]nce a lawyer is disbarred, there is no penalty that could be imposed regarding his privilege to practice law.”

Practical Implications: Impact on Attorney Discipline and Reinstatement

This case underscores the importance of ethical conduct for attorneys and the consequences of violating the CPRA. While a disbarred lawyer cannot be disbarred again, subsequent offenses are meticulously recorded and significantly impact their eligibility for judicial clemency.

This decision serves as a deterrent for disbarred lawyers who may consider engaging in further misconduct. It reinforces the principle that the legal profession demands the highest standards of integrity and that repeat offenders face severe consequences regarding future reinstatement.

Key Lessons:

• Attorneys must adhere to the CPRA and uphold the integrity of the legal profession.
• Extortion and dishonesty are grave offenses that warrant severe disciplinary actions.
• While double disbarment is not imposed, subsequent offenses affect eligibility for judicial clemency.

Frequently Asked Questions (FAQs)

Q: Can a disbarred lawyer ever practice law again in the Philippines?

A: Yes, a disbarred lawyer can petition the Supreme Court for judicial clemency and reinstatement after demonstrating rehabilitation and fitness to practice law.

Q: What factors does the Supreme Court consider when deciding on a petition for judicial clemency?

A: The Court considers the lawyer’s conduct since disbarment, evidence of remorse, efforts to make amends, and overall demonstration of moral rehabilitation.

Q: What happens if a disbarred lawyer commits another offense after being disbarred?

A: While they cannot be disbarred again, the offense is recorded and considered when evaluating any future petition for judicial clemency.

Q: What is the Code of Professional Responsibility and Accountability (CPRA)?

A: The CPRA is the set of ethical rules governing the conduct of lawyers in the Philippines, outlining their duties to clients, the courts, and the public.

Q: What should I do if I suspect my attorney of unethical behavior?

A: You should report the suspected misconduct to the Integrated Bar of the Philippines (IBP) or the Supreme Court for investigation.

ASG Law specializes in legal ethics and disciplinary proceedings. Contact us or email hello@asglawpartners.com to schedule a consultation.