RE: 2003 BAR EXAMINATIONS B.M. No.

1222

x ---------------------------------------- x

ATTY. DANILO DE GUZMAN,

Petitioner, Present:

Puno, C.J.,

Quisumbing,*

Ynares-Santiago,

Carpio,

Austria-Martinez,

Corona,

Carpio Morales,

Tinga,

Chico-Nazario,

Velasco, Jr.,

Nachura,

Leonardo-De Castro,

Brion,

Peralta, and
 Bersamin, JJ.

Promulgated:

April 24, 2009

x ---------------------------------------------------------------------------------------- x

RESOLUTION

YNARES-SANTIAGO, J.:

This treats the Petition for Judicial Clemency and Compassion dated November 10, 2008
filed by petitioner Danilo de Guzman. He prays that this Honorable Court in the exercise of equity
and compassion, grant petitioners plea for judicial clemency, and thereupon, order his
reinstatement as a member in good standing of the Philippine Bar.1[1]

To recall, on February 4, 2004, the Court promulgated a Resolution, in B.M. No. 1222, the
dispositive portion of which reads in part:
 WHEREFORE, the Court, acting on the recommendations of the
Investigating Committee, hereby resolves to

(1) DISBAR Atty. DANILO DE GUZMAN from the practice of law

effective upon his receipt of this RESOLUTION;

xxxx

The subject of the Resolution is the leakage of questions in Mercantile Law during the
2003 Bar Examinations. Petitioner at that time was employed as an assistant lawyer in the law firm
of Balgos & Perez, one of whose partners, Marcial Balgos, was the examiner for Mercantile Law
during the said bar examinations. The Court had adopted the findings of the Investigating
Committee, which identified petitioner as the person who had downloaded the test questions from
the computer of Balgos and faxed them to other persons.

The Office of the Bar Confidant (OBC) has favorably recommended the reinstatement of
petitioner in the Philippine Bar. In a Report dated January 6, 2009, the OBC rendered its
assessment of the petition, the relevant portions of which we quote hereunder:

Petitioner narrated that he had labored to become a lawyer to fulfill his

fathers childhood dream to become one. This task was not particularly easy for him
and his family but he willed to endure the same in order to pay tribute to his parents.

Petitioner added that even at a very young age, he already imposed upon
himself the duty of rendering service to his fellowmen. At 19 years, he started his
exposure to public service when he was elected Chairman of the Sangguniang
Kabataan (SK) of Barangay Tuktukan, Taguig City. During this time, he initiated
several projects benefiting the youth in their barangay.

Thereafter, petitioner focused on his studies, taking up Bachelor of Arts in

Political Science and eventually pursuing Bachelor of Laws. In his second year in
law school, he was elected as the President of the Student Council of the Institute
of Law of the Far Eastern University (FEU). Here, he spearheaded various activities
including the conduct of seminars for law students as well as the holding of bar
operations for bar examinees.

Despite his many extra-curricular activities as a youth and student leader,

petitioner still managed to excel in his studies. Thus, he was conferred an Academic
Excellence Award upon his graduation in Bachelor of Laws.

Upon admission to the bar in April 1999, petitioner immediately entered

government service as a Legal Officer assigned at the Sangguniang Bayan of
Taguig. Simultaneously, he also rendered free legal services to less fortunate
residents of Taguig City who were then in need of legal assistance.

In March 2000, petitioner was hired as one of the Associate Lawyers at the
Balgos and Perez Law Offices. It was during his stay with this firm when his craft
as a lawyer was polished and developed. Despite having entered private practice,
he continued to render free legal services to his fellow Taguigeos.

Then in February 2004, by a sudden twist of fate, petitioners flourishing

career was cut short as he was stripped of his license to practice law for his alleged
involvement in the leakage in the 2003 Bar Examinations.

Devastated, petitioner then practically locked himself inside his house to

avoid the rather unavoidable consequences of his disbarment.

On March 2004, however, petitioner was given a new lease in life when he
was taken as a consultant by the City Government of Taguig. Later, he was
designated as a member of the Secretariat of the Peoples Law Enforcement Board
(PLEB). For the next five (5) years, petitioner concentrated mainly on rendering
public service.

Petitioner humbly acknowledged the damaging impact of his act which

unfortunately, compromised the integrity of the bar examinations. As could be
borne from the records of the investigation, he cooperated fully in the investigation
conducted and took personal responsibility for his actions. Also, he has offered his
sincerest apologies to Atty. Balgos, to the Court as well as to all the 2003 bar
examinees for the unforeseen and unintended effects of his actions.

Petitioner averred that he has since learned from his mistakes and has taken
the said humbling experience to make him a better person.

Meanwhile, as part of his Petition, petitioner submitted the following

testimonials and endorsements of various individuals and entities all attesting to his
good moral character:

1) Resolution No. 101, Series of 2007, Resolution Expressing Full

Support to Danilo G. De Guzman in his Application for Judicial
 Clemency, Endorsing his Competence and Fitness to be Reinstated
as a Member of the Philippine Bar and for Other Purposes dated 4
June 2007 of the Sangguniang Panlungsod, City of Taguig;

2) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-

Taasang Hukuman ang Buong Suporta ng Pamunuan at mga Kasapi
ng Southeast Peoples Village Homeowners Association, Inc.
(SEPHVOA) kay Danilo G. De Guzman sa Kanyang Petisyong
Magawaran ng Kapatawaran at ang Boluntaryong Pag-susulong sa
Kanyang Kakayahan Upang Maibalik sa Kanya ang mga Pribilehiyo
ng Isang Abogado dated 1 June 2007 of the Southeast Peoples
Village Homeowners Association, Inc. (SEPHVOA), Ibayo-Tipas,
City of Taguig;

3) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-

Taasang Hukuman ang Buong Suporta ng Pamunuan at mga Kasapi
ng Samahang Residente ng Mauling Creek, Inc. (SAREMAC) kay
G. Danilo G. De Guzman sa Kanyang Petisyong Magawaran ng
Kapatawaran at ang Boluntaryong Pag-susulong sa Kanyang
Kakayahan Upang Maibalik sa Kanya ang mga Pribilehiyo ng Isang
Abogado dated 1 June 2007 of the Samahang Residente ng Mauling
Creek, Inc. (SAREMAC), Lower Bicutan, City of Taguig;

4) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-

Taasang Hukuman ang Buong Suporta ng Pamunuan at mga Kasapi
ng Samahan ng mga Maralita (PULONG KENDI) Neighborhood
Association, Inc. (SAMANA) kay G. Danilo G. De Guzman sa
Kanyang Petisyong Magawaran ng Kapatawaran at ang
Boluntaryong Pag-susulong sa Kanyang Kakayahan Upang
Maibalik sa Kanya ang mga Pribilehiyo ng Isang Abogado dated 1
June 2007 of the Samahan ng mga Maralita (PULONG KENDI)
Neighborhood Association, Inc. (SAMANA), Sta. Ana, City of
Taguig;

5) An Open Letter Attesting Personally to the Competence and

Fitness of Danilo G. De Guzman as to Warrant the Grant of Judicial
Clemency and his Reinstatement as Member of the Philippine Bar
dated 8 June 2007 of Miguelito Nazareno V. Llantino, Laogan,
Trespeses and Llantino Law Offices;

6) Testimonial to the Moral and Spiritual Competence of Danilo G.

De Guzman to be Truly Deserving of Judicial Clemency and
Compassion dated 5 July 2007 of Rev. Fr. Paul G. Balagtas, Parish
Priest, Archdiocesan Shrine of St. Anne;
 7) Testimonial Letter dated 18 February 2008 of Atty. Loreto C. Ata,
President, Far Eastern University Law Alumni Association
(FEULAA), Far Eastern University (FEU);

8) Isang Bukas na Liham na Naglalayong Iparating sa Kataas-

Taasang Hukuman ang Buong Suporta ng Pamunuan at mga Kasapi
ng Samahang Bisig Kamay sa Kaunlaran, Inc. (SABISKA) kay G.
Danilo G. De Guzman sa Kanyang Petisyong Magawaran ng
Kapatawaran at ang Boluntaryong Pag-susulong sa Kanyang
Kakayahan Upang Maibalik sa Kanya ang mga Pribilehiyo ng Isang
Abogado dated 8 July 2008 of the Samahang Bisig Kamay sa
Kaunlaran, Inc. (SABISKA);

9) Board Resolution No. 02, Series of 2008, A Resolution

Recognizing the Contributions of Danilo G. De Guzman to the
Peoples Law Enforcement Board (PLEB) Taguig City, Attesting to
his Utmost Dedication and Commitment to the Call of Civic and
Social Duty and for Other Purposes dated 11 July 2008 of the
Peoples Law Enforcement Board (PLEB);

10) A Personal Appeal for the Grant of Judicial Forgiveness and

Compassion in Favor of Danilo G. De Guzman dated 14 July 2008
of Atty. Edwin R. Sandoval, Professor, College of Law, San
Sebastian College Recoletos;

11) An Open Letter Personally Attesting to the Moral competence and

Fitness of Danilo G. De Guzman dated 5 September 2008 of Mr.
Nixon F. Faderog, Deputy Grand [Kn]ight, Knights of Columbus
and President, General Parent-Teacher Association, Taguig
National High School, Lower Bicutan, Taguig City;

12) Testimonial Letter dated 5 September 2008 of Atty. Primitivo C.

Cruz, President, Taguig Lawyers League, Inc., Tuktukan, Taguig
City;

13) Testimonial Letter dated 21 October 2008 of Judge Hilario L.

Laqui, Presiding Judge, Regional Trail Court (RTC), Branch 218,
Quezon City; and

14) Testimonial Letter dated 28 October 2008 of Justice Oscar M.

Herrera, former Justice, Court of Appeals and former Dean, Institute
of Law, Far Eastern University (FEU).

Citing the case of In Re: Carlos S. Basa, petitioner pleaded that he be

afforded the same kindness and compassion in order that, like Atty. Basa, his
promising future may not be perpetually foreclosed. In the said case, the Court had
the occasion to say:

Carlos S. Basa is a young man about 29 years of age, admitted to the bars
of California and the Philippine Islands. Recently, he was charged in the
Court of First Instance of the City of Manila with the crime of abduction
with consent, was found guilty in a decision rendered by the Honorable
M.V. De Rosario, Judge of First Instance, and was sentenced to be
imprisoned for a period of two years, eleven months and eleven days
of prision correccional. On appeal, this decision was affirmed in a judgment
handed down by the second division of the Supreme Court.

xxxx

When come next, as we must, to determine the exact action which should
be taken by the court, we do so regretfully and reluctantly. On the one hand,
the violation of the criminal law by the respondent attorney cannot be lightly
passed over. On the other hand, we are willing to strain the limits of our
compassion to the uttermost in order that so promising a career may not be
utterly ruined.

Petitioner promised to commit himself to be more circumspect in his actions

and solemnly pledged to exert all efforts to atone for his misdeeds.

There may be a reasonable ground to consider the herein Petition.

In the case of Re: Petition of Al Argosino to Take the Lawyers Oath

(Bar Matter 712), which may be applied in the instant case, the Court said:

After a very careful evaluation of this case, we resolve to allow

petitioner Al Caparros Argosino to take the lawyer's oath, sign the Roll of
Attorneys and practice the legal profession with the following admonition:

In allowing Mr. Argosino to take the lawyers oath, the Court

recognizes that Mr. Argosino is not inherently of bad moral fiber. On the
contrary, the various certifications show that he is a devout Catholic with a
genuine concern for civic duties and public service.

The Court is persuaded that Mr. Argosino has exerted all efforts, to
atone for the death of Raul Camaligan. We are prepared to give him the
benefit of the doubt, taking judicial notice of the general tendency of youth
to be rash, temerarious and uncalculating.

xxxx
 Meanwhile, in the case of Rodolfo M. Bernardo vs. Atty. Ismael F. Mejia
(Administrative Case No. 2984), the Court [in] deciding whether or not to
reinstate Atty. Mejia to the practice of law stated:

The Court will take into consideration the applicants 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 in between the disbarment and the application for
reinstatement.

Petitioner was barely thirty (30) years old and had only been in the practice
of law for five (5) years when he was disbarred from the practice of law. It is of no
doubt that petitioner had a promising future ahead of him where it not for the
decision of the Court stripping off his license.

Petitioner is also of good moral repute, not only before but likewise, after
his disbarment, as attested to overwhelmingly by his constituents, colleagues as
well as people of known probity in the community and society.

Way before the petitioner was even admitted to the bar, he had already
manifested his intense desire to render public service as evidenced by his active
involvement and participation in several social and civic projects and activities.
Likewise, even during and after his disbarment, which could be perceived by some
as a debilitating circumstance, petitioner still managed to continue extending his
assistance to others in whatever means possible. This only proves petitioners
strength of character and positive moral fiber.

However, still, it is of no question that petitioners act in copying the

examination questions from Atty. Balgos computer without the latters knowledge
and consent, and which questions later turned out to be the bar examinations
questions in Mercantile Law in the 2003 Bar Examinations, is not at all
commendable. While we do believe that petitioner sincerely did not intend to cause
the damage that his action ensued, still, he must be sanctioned for unduly
compromising the integrity of the bar examinations as well as of this Court.

We are convinced, however, that petitioner has since reformed and has
sincerely reflected on his transgressions. Thus, in view of the circumstances and
likewise for humanitarian considerations, the penalty of disbarment may now be
commuted to suspension. Considering the fact, however, that petitioner had already
been disbarred for more than five (5) years, the same may be considered as proper
service of said commuted penalty and thus, may now be allowed to resume practice
of law.

WHEREFORE, PREMISES CONSIDERED, it is respectfully

recommended that the instant Petition for Judicial Clemency and Compassion dated
10 November 2008 of petitioner DANILO G. DE GUZMAN be GRANTED.
 Petitioners disbarment is now commuted to suspension, which suspension is
considered as served in view of the petitioners five (5) year disbarment. Hence,
petitioner may now be allowed to resume practice of law.

The recommendation of the Office of the Bar Confidant is well-taken in part. We deem
petitioner worthy of clemency to the extent of commuting his penalty to seven (7) years suspension
from the practice of law, inclusive of the five (5) years he has already served his disbarment.

Penalties, such as disbarment, are imposed not to punish but to correct

offenders.2[2] While the Court is ever mindful of its duty to discipline its erring
officers, it also knows how to show compassion when the penalty imposed has
already served its purpose.3[3]

In cases where we have deigned to lift or commute the supreme penalty of

disbarment imposed on the lawyer, we have taken into account the remorse of the
disbarred lawyer4[4] and the conduct of his public life during his years outside of
the bar.5[5] For example, in Valencia v. Antiniw, we held:
 However, the record shows that the long period of respondent's disbarment
gave him the chance to purge himself of his misconduct, to show his remorse and
repentance, and to demonstrate his willingness and capacity to live up once again
to the exacting standards of conduct demanded of every member of the bar and
officer of the court. During respondent's disbarment for more than fifteen (15)
years to date for his professional infraction, he has been persistent in reiterating his
apologies and pleas for reinstatement to the practice of law and unrelenting in his
efforts to show that he has regained his worthiness to practice law, by his civic and
humanitarian activities and unblemished record as an elected public servant, as
attested to by numerous civic and professional organizations, government
institutions, public officials and members of the judiciary.6[6]

And in Bernardo v. Atty. Mejia,7[7] we noted:

Although the Court does not lightly take the bases for Mejias disbarment, it also
cannot close its eyes to the fact that Mejia is already of advanced years. While the
age of the petitioner and the length of time during which he has endured the
ignominy of disbarment are not the sole measure in allowing a petition for
reinstatement, the Court takes cognizance of the rehabilitation of Mejia. Since his
disbarment in 1992, no other transgression has been attributed to him, and he has
shown remorse. Obviously, he has learned his lesson from this experience, and his
punishment has lasted long enough. x x x
 Petitioner has sufficiently demonstrated the remorse expected of him considering the
gravity of his transgressions. Even more to his favor, petitioner has redirected focus since his
disbarment towards public service, particularly with the Peoples Law Enforcement Board. The
attestations submitted by his peers in the community and other esteemed members of the legal
profession, such as retired Court of Appeals Associate Justice Oscar Herrera, Judge Hilario Laqui,
Professor Edwin Sandoval and Atty. Lorenzo Ata, and the ecclesiastical community such as Rev.
Fr. Paul Balagtas testify to his positive impact on society at large since the unfortunate events of
2003.

Petitioners subsequent track record in public service affords the Court some hope that if he
were to reacquire membership in the Philippine bar, his achievements as a lawyer would redound
to the general good and more than mitigate the stain on his record. Compassion to the petitioner is
warranted. Nonetheless, we wish to impart to him the following stern warning:

Of all classes and professions, the lawyer is most sacredly bound to uphold the
laws. He is their sworn servant; and for him, of all men in the world, to repudiate
and override the laws, to trample them underfoot and to ignore the very bands of
society, argues recreancy to his position and office and sets a pernicious example
to the insubordinate and dangerous elements of the body politic.8[8]

WHEREFORE, in view of the foregoing, the Petition for Judicial

Clemency and Compassion is hereby GRANTED IN PART. The disbarment of
DANILO G. DE GUZMAN from the practice of law is hereby COMMUTED to SEVEN (7)
YEARS SUSPENSION FROM THE PRACTICE OF LAW, reckoned from February 4, 2004.
SO ORDERED.