There is conflict of interest when a lawyer represents
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inconsistent interests of two or more opposing parties.
The test is “whether or not in behalf of one client, it is the
lawyer’s duty to fight for an issue or claim, but it is his
duty to oppose it for the other client. In brief, if he argues
for one client, this argument will be opposed by him
when he argues for the other client.
Another test of inconsistency of interests is whether the
acceptance of a new relation would prevent the full
discharge of the lawyer’s duty of undivided fidelity and
loyalty to the client or invite suspicion of unfaithfulness or
double-dealing in the performance of that duty. Still
another test is whether the lawyer would be called upon
in the new relation to use against a former client any
confidential information acquired through their
connection or previous employment.
The proscription against representation of conflicting
interest applies to a situation where the opposing parties
are present clients in the same action or in an unrelated
action. It is of no moment that the lawyer would not be
called upon to contend for one client that which the
lawyer has to oppose for the other client, or that there
would be no occasion to use the confidential information
acquired from one to the disadvantage of the other as
the two actions are wholly unrelated. It is enough that
the opposing parties in one case, one of whom would
lose the suit, are present clients and the nature or
conditions of the lawyer’s respective retainers with each
of them would affect the performance of the duty of
undivided fidelity to both clients.
Under Section 27, Rule 138 of the Revised Rules of
Court, a member of the Bar may be disbarred or
suspended on any of the following grounds: (1) deceit;
(2) malpractice or other gross misconduct in office; (3)
grossly immoral conduct; (4) conviction of a crime
involving moral turpitude; (5) violation of the lawyer's
oath; (6) willful disobedience of any lawful order of a
superior court; and (7) willful appearance as an attorney
for a party without authority. A lawyer may be disbarred
or suspended for misconduct, whether in his
professional or private capacity, which shows him to be
wanting in moral character, honesty, probity and good
demeanor, or unworthy to continue as an officer of the
court.
In suspension or disbarment proceedings, lawyers enjoy
the presumption of innocence, and the burden of proof
rests upon the complainant to clearly prove the
allegations in the complaint by preponderant evidence.
Preponderance of evidence means that the evidence
adduced by one side is, as a whole, superior to or has
greater weight than that of the other. It means evidence
which is more convincing to the court as worthy of belief
than that which is offered in opposition thereto.
Representation of conflicting interest may be allowed
only if the parties consent to it after full disclosure of
facts. Full disclosure of facts alone is not enough. There
must be a written and informed consent on the part of
the clients. However in the case of Natan vs. Capule 91
Phil 640, it has been held that a lawyer may represent a
subsequent client against a former client when the
subject matter of the present controversy is not related
directly or indirectly to the subject matter of the previous
litigation in which he appeared for the former client.
must however fully disclose the facts to the new client.
BASIS OF JUDICIAL CLEMENCY AND
REINSTATEMENT TO THE PRACTICE OF LAW
No specific mention was made as to what
authority the power of JUDICIAL CLEMENCY AND
REINSTATEMENT. However, the Philippine Constitution
provides a broad power to the Supreme Court to Limit,
Deny and even grant for the restoration of the privilege
of a member of the Bar to practice law.
Article VIII, Section 5, (5) provides:
"Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all
courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies
shall remain effective unless disapproved by the
Supreme Court."
I. Judicial Clemency
What is Judicial Clemency?
Clemency, is an act of mercy removing any
disqualification, should be balanced with the
preservation of public confidence in the courts. The
Court will grant it only if there is a showing that it is well
merited. Proof of reformation and showing of potential
and promise are indispensable. (In Re: Letter of Judge
Augustus Diaz. 533 SCRA 534)
Purpose:
The primary purpose is to seek mercy or benevolence of
the Court for the past mistakes.
It usually includes requests for reinstatement,
commutation of period of sentence or removal of certain
disabilities.
To whom is it applicable?
Judicial Clemency is given to members of the bar, who
seeks to be given compassion by the Court to resume
his or her previous status prior to suspension, or even
disbarrement. Here, there must be a showing of clear
remorse of the petitioner of his previous actions.
REINSTATEMENT
• What is Reinstatement?
 In general, is to place again in a former state,
condition, or office; to restore to a state or
position from which the object or person had
been removed. (Black's Law Dictionary Free
Online Legal Dictionary 2nd Ed.)
 In the practice of law, reinstatement is the
restoration in disbarment proceedings to a
disbarred lawyer the privilege to practice law.
 The Supreme Court has the exclusive authority
to reinstate a disbarred or indefinitely suspended
lawyer to the office of attorney-at-law. It may
reinstate him for reasons and upon assurance
satisfactory to the court.
 The power of the Supreme Court to reinstate is
based on its constitutional prerogative to
promulgate rules on the admission of applicants
to the practice of law. [Sec. 5(5), Art. VIII, 1987
Philippine Constitution]
• Condition in reinstatement
 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.
• According to the IBP, a member
undergoes suspension or disbarment “to
protect the public and the administration
of justice from lawyers who have not
discharged, will not discharge, or are
unlikely to discharge properly their
professional duties to clients, the public,
the legal system, and the legal
profession”.
• READMISSION TO THE BAR OF LAWYERS
WHO HAVE BEEN SUSPENDED
• Suspension
 Suspension is the removal of a lawyer from the
practice of law for a specified minimum period of
time. Generally, suspension should be for a
period of time equal to or greater than six
months, but in no event should the time period
prior to application for reinstatement be more
than three years. Procedures should be
established to allow a suspended lawyer to
apply for reinstatement, but a lawyer who has
been suspended should not be permitted to
return to practice until he has completed a
reinstatement process demonstrating
rehabilitation, compliance with all applicable
discipline or disability orders and rules, and
fitness to practice law.
• Suspension
 Interim suspension is the temporary
suspension of a lawyer from the practice of law
pending imposition of final discipline. Interim
suspension includes:
• suspension upon conviction of a
“serious crime” or,
• suspension when the lawyer’s
continuing conduct is or is likely to
cause immediate and serious injury to a
client or the public.
 Indefinite Suspension is the removal of the
right of a lawyer to practice law for a undefined
period of time.
• Zaldivar v. Gonzales, G.R. Nos. 79690-707,
April 7, 1993
 The Gonzales’ contrition, so noticeably absent in
his earlier pleadings, has washed clean the
offense of his disrespect. His remorse has
soften his arrogance and made up for his
misconduct. Gonzales’ suspension has given
him ample time and opportunity to amend his
erring ways, rehabilitate himself, and thus, prove
himself worthy once again to enjoy the privileges
of membership of the Bar.
• Is the lifting of the suspension order
automatic?
 The lifting of a lawyer’s suspension is not
automatic upon the end of the period stated in
the Court’s decision, and an order from the
Court lifting the suspension at the end of the
period is necessary in order to enable [him] to
resume the practice of his profession. ( J.K.
Mercado and Sons Agricultural Enterprises, Inc.
et al. v. Atty. deVera, et al. and Atty. de Vera v.
Atty. Encanto, et al.)
 Thus, according to the OBC, a suspended first
present proof(s) of his compliance by submitting
certifications from the Integrated Bar of the
Philippines and from the Executive Judge that
he has indeed desisted from the practice of law
during the period of suspension. Thereafter, the
Court, after evaluation, and upon a favorable
recommendation from the OBC, will issue are
solution lifting the order of suspension and thus
allow him to resume the practice of law.
(Maniago v. Atty. De Dios, A.C. No. 7472,March
30, 2010)
• Guidelines to be observed in the matter of
the lifting of an order of suspension
1. After a finding that respondent lawyer must be
suspended from the practice of law, the Court
shall render a decision imposing the penalty;
2. Unless the Court explicitly states that the
decision is immediately executory upon receipt
thereof, respondent has 15 days within which to
file a motion for reconsideration thereof. The
denial of said motion shall render the decision
final and executory;
3. Upon the expiration of the period of suspension,
respondent shall file a Sworn Statement with the
Court, through the Office of the Bar Confidant,
stating there in that he or she has desisted from
the practice of law and has not appeared in any
court during the period of his or her suspension;
• Guidelines to be observed in the matter of
the lifting of an order of suspension
4. Copies of the Sworn Statement shall be
furnished to the Local Chapter of the IBP and to
the Executive Judge of the courts where
respondent has pending cases handled by him
 or her, and/or where he or she has appeared as
counsel;
5. The Sworn Statement shall be considered as
proof of respondent’s compliance with the order
of suspension;
6. Any finding or report contrary to the statements
made by the lawyer under oath shall be a
ground for the imposition of a more severe
punishment, or disbarment, as may be
warranted.
• READMISSION TO THE BAR OF LAWYERS
WHO HAVE BEEN DISBARRED
• Disbarment
 Disbarment terminates the individual’s status as
a lawyer.
 Where disbarment is not permanent, procedures
should be established for a lawyer who has
been disbarred to apply for readmission,
provided that:
1. no application should be considered for
five years from the effective date of
disbarment;
2. the petitioner must show by clear and
convincing evidence:
a) successful completion
of the bar examination;
b) compliance with all
applicable discipline or
disability orders or
rules; and
c) rehabilitation and fitness
to practice law
• Considerations in reinstatement
1. The applicant’s character and standing prior to
the disbarment;
2. The nature and character of the charge for
which he was disbarred;
3. His conduct subsequent to the disbarment, and
the time that has elapsed between the
disbarment and the application for
reinstatement; (Prudential Bank v. Benjamin
Grecia, A.C. No. 2756,Dec. 18, 1990)
4. His efficient government service; (In
re: Adriatico, G.R. No. L-2532, Nov. 17, 1910)
5. Applicant’s appreciation of the significance of his
dereliction and his assurance that he now
possesses the requisite probity and integrity;
and
6. Favorable endorsement of the IBP and pleas of
his loved ones. (Yap Tan v. Sabandal, B.M. No.
144, Feb. 24, 1989)
 Whether or not the applicant shall be
reinstated rests on the discretion of the
court. (Prudential Bank v. Benjamin
Grecia, A.C. No. 2756,Dec. 18, 1990)
 The court may require applicant for
reinstatement to enroll in and pass the
required fourth year review classes in a
recognized law school. (Cui v. Cui, In
Re:Resian A.C. No. 270, Mar. 1974)
• Effects of reinstatement
 Reinstatement to the roll of attorneys wipes out
the restrictions and disabilities resulting from a
previous disbarment (Cui v. Cui, G.R. No. L-
18727, Aug. 31, 1964);
 Recognition of moral rehabilitation and mental
fitness to practice law;
 Lawyer shall be subject to same law, rules and
regulations as those applicable to any other
lawyer; and
 Lawyer must comply with the conditions
imposed on his readmission.
• Effect of Executive Pardon
 If during the pendency of a disbarment
proceeding the respondent was granted
executive pardon, the dismissal of the case on
that sole basis will depend on whether the
executive pardon is absolute or conditional.
• Absolute or unconditional pardon – the
disbarment case will be dismissed.
• Conditional pardon - the disbarment
case will not be dismissed on the basis
thereof.
 An absolute pardon by the President is one that
operates to wipe out the conviction as well as
the offense itself. The grant thereof to a lawyer
is a bar to a proceeding for disbarment against
him, if such proceeding is based solely on the
fact of such conviction. (In re: Parcasio, A.C. No.
100,Feb. 18, 1976)
 But where the proceeding to disbar is founded
on the professional misconduct involved in the
transaction which culminated in his conviction,
the effect of the pardon is only to relieve him
of the penal consequences of his act and does
not operate as a bar to the disbarment
proceeding, inasmuch as the criminal acts may
nevertheless constitute proof that the attorney
does not possess good moral character. (In re:
Lontok, 43Phil. 293, Apr. 7, 1922)
 In the light of recent court pronouncements that
a lawyer may be disciplined even for non-
professional misconduct, one may argue that a
lawyer convicted of a crime involving moral
turpitude, and subsequently receives absolute
pardon, may still be proceeded against under
the Code of Professional Responsibility even if
the acts of which he was found guilty did not
involve professional misconduct (A modification
of In ReLontok, supra).
• READMISSION TO THE BAR OF LAWYERS
WHO HAVE BEEN REPATRIATED
• What is the effect of loss Philippine
citizenship?
  The loss of Philippine citizenship ipso jure
terminates the privilege to practice law in the
Philippines.
 Filipino citizenship is a continuing requirement
for the practice of law, loss of which means the
termination of one’s membership in the Bar and
the privilege to engage in the practice of law.
• Sec. 5(4), RA 9225
 Lawyers who reacquire their Philippine
citizenship should apply to the SC for license or
permit to practice their profession.
 Filipino lawyer who becomes a citizen of another
country but later re-acquires his Philippine
citizenship under RA 9225 remains to be a
member of the Philippine Bar
• Petition for Leave to Resume Practice of
Law, Benjamin Dacanay
 FACTS:
• March 1960- Dacanay was admitted to
the Philippine Bar.
• December 1998 - He migrated to
Canada.
• May 2004 - He became a Canadian
citizen.
• July 2006 - He acquired Philippine
citizenship pursuant to RA No. 9225
 ISSUE:
May Dacanay be allowed to resume his privilege
to practice law in the Philippines after reacquiring
Philippine citizenship?
• Petition for Leave to Resume Practice of
Law, Benjamin Dacanay
 HELD:
• General Rule – A lawyer who has lost
his Filipino citizenship can no longer
practice law in the Philippines
• Exception- When a Filipino citizenship is
lost by reason of naturalization as a
citizen of another country but
subsequently reacquired pursuant to
R.A. 9225.
 No automatic right to resume law practice
accrues. One must first secure from the SC the
authority to do so, conditioned on:
• The updating and payment in full of the
annual membership dues in the IBP.
• The payment of professional tax
• The completion of at least 36 credit
hours of mandatory continuing legal
education.
• The retaking of the lawyer’s oath
• GOOD MORAL CHARACTER
VS.
REHABILITATION
• GOOD MORAL CHARACTER
• Good Moral Character is defined as a pattern of
behaviour that is consistent with the
community’s current ethical standards and that
shows an absence o deceit or moral
reprehensible conduct. (Black’s Dictionary)
• Although the term “good moral character” admits
of broad dimensions, it has been defined as
“including at least common honesty” (Rayong
vs. Oblena, Adm. Case No. 376, April 30, 1963,
7 SCRA 859; In Re Del Rosario, 52 Phil. 399
[1928]. It has also been held that no moral
qualification for bar membership is more
important than truthfulness or candor (Fellner vs.
Bar Association of Baltimore City, 131 A 2d.
729).- [The Legal Profession—A Matter of
Privilege, 330 SCRA 22()]
• REHABILITATION
 (Crim Law) The process of seeking to improve a
criminal’s character and outlook so that he or
she can function in society without committing
other crime.
 (Evidence) The restoration of a witness’
credibility after the witness has been impeached.
 Applying the above-mentioned definition of
rehabilitation in Legal Ethics, Rehabilitation is
also a process of restoring the disbarred
lawyer’s moral character for him to be once
again qualified as a member of the Bar. As
discussed in “Maintaining Integrity in the
Professional and Private Life of a Lawyer,
586 SCRA 384(2009)”
• Conclusion
 Judicial Clemency and Reinstatement are not
deemed filed together in a petition in all cases. It
can be observed on the cases cited, that when a
lawyer/judge has been suspended or disbarred,
he prays for both.
 Meanwhile, in cases wherein a judge or lawyer
was merely reprimanded and punished but not
suspended or disbarred, these individuals only
seek judicial clemency. The reasons for the
petition vary, from eligibility for a higher position,
commutation of period of suspension or to be
able to hold public office again.