RE 2003 BAR EXAMINATIONS: ATTY.

DANILO DE GUZMAN

FACTS:
The leakage of bar questions in mercantile law during the 2003 bar
examinations warranted the nullification of the results in that subject and
the subsequent distribution of the corresponding percentage thereof among
the seven bar subjects. Thorough investigation revealed that a certain
Danilo de Guzman, one of the assistant attorneys at the Balgos and Perez
law firm, was responsible for the leakage. Atty. Marcial Balgos, a senior
partner in the firms, happened to have been commissioned by Justice Jose
Vitug to prepare questions in mercantile law. Atty. de Guzman admitted to
downloading the questions from Atty. Balgos computer and distributing the
same to two of his brothers in the Beta Sigma Lambda Fraternity. From the
point, the leaked questions spread and an unknown number of examinees
were able to obtain copies thereof. Atty. de Guzman was thus disbarred,
while Atty. Balgos was reprimanded for his negligence and lack of due care
in safeguarding the proposed questions in mercantile law.

ISSUE: whether or not disbarment was proper

HELD: yes. atty. de guzman, by transmitting and distributing the stolen test
questions to somemembers of the beta sigma lambda fraternity, possibly
for pecuniary profit and to give themundue advantage over the other
examinees in mercantile law, abetted cheating anddishonesty by his
fraternity brothers in the examination, which is violative of rule 1.01 of
canon 1 as well as canon 7 of the code of professional responsibility. de
guzman was guilty of misconduct unbecoming a member of the bar. he
violated the law instead of promotingrespect for it and degraded the noble
profession instead of upholding its dignity and integrity.