RODOLFO M. BERNARDO v ATTY. ISMAEL F. MEJIA Adm. Case No. 2984. August 31, 2007

FACTS:

Rodolfo M. Bernardo, Jr. accused his retained attorney, Ismael F. Mejia of several administrative offenses such as misappropriating and converting to his personal use the money entrusted to him for payment of real estate taxes on Bernardo’s property; falsification of documents such as the Special Power of Attorney, Deed of Sale and Deed of Assignment and lastly, issuing a check knowing that he was without funds in the bank, in payment of a loan obtained from the former in the amount of P50,000.00, and thereafter, replacing said check with others known also to be insufficiently funded. The Supreme Court En Banc rendered a Decision Per Curiam which found the respondent Atty. Mejia guilty of all the charges against him and imposed on him the penalty of Disbarment. Respondent files a Petition praying that he be allowed to reengage in the practice of law however, the Supreme Court En Banc denied his petition for reinstatement. The respondent filed again this present petition for review of his Administrative case with a plea for reinstatement in the practice of law. In the petition, Mejia acknowledged his indiscretions in the law profession. At the age of seventy-one, he is begging for forgiveness and pleading for reinstatement. According to him, he has long repented and he has suffered enough. Through his reinstatement, he wants to leave a legacy to his children and redeem the indignity that they have suffered due to his disbarment.

ISSUE:

WON the respondent shall be reinstated.

HELD:

The Court granted the respondent’s petition. Fifteen years has passed since he was punished with the severe penalty of disbarment. 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. Since his disbarment in 1992, no other transgression has been attributed to him, and he has shown remorse. Thus, 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. After all, penalties, such as disbarment, are imposed not to punish but to correct offenders. However, the petitioner is reminded that practice of law is a privilege burdened with conditions. Adherence to the rigid standards of mental fitness, maintenance of the highest degree of morality and faithful compliance with the rules of the legal profession are the continuing requirements for enjoying the privilege to practice law.

DECISION:

WHEREFORE, in view of the foregoing, the petition for reinstatement in the Roll of Attorneys by Ismael F. Mejia is hereby GRANTED.