The Supreme Court denied Atty. Roberto B. Romanillos’ petition for reinstatement to the Roll of Attorneys, emphasizing the high standards required for readmission after disbarment. The Court underscored that membership in the Bar is a privilege, not a right, and that reinstatement requires clear and convincing evidence of moral rehabilitation and a demonstrated understanding of the law. Despite submitting testimonials vouching for his good moral character, the Court found Atty. Romanillos failed to provide sufficient proof of remorse, reformation, and potential for public service, thus upholding the disbarment and reinforcing the integrity of the legal profession.

Conflicting Loyalties: Can a Disbarred Attorney Ever Truly Redeem Their Standing?

This case revolves around Atty. Roberto B. Romanillos’ plea for reinstatement to the Roll of Attorneys after being disbarred in 2005. The disbarment stemmed from representing conflicting interests and improperly using the title “Judge” after being found guilty of grave and serious misconduct. Now, almost a decade later, Romanillos sought judicial clemency, arguing that he had reformed and was worthy of readmission to the Bar. The Supreme Court’s decision hinges on whether Romanillos presented sufficient evidence to demonstrate his rehabilitation and moral fitness, adhering to the stringent standards required for reinstatement.

The path to disbarment for Atty. Romanillos began with representing the San Jose Homeowners Association, Inc. (SJHAI) in a case against Durano and Corp., Inc. (DCI) regarding violations of the Subdivision and Condominium Buyer’s Protection Act. Later, while still counsel for SJHAI, he represented Myrna and Antonio Montealegre in a matter adverse to SJHAI’s interests, specifically regarding the construction of a school building on a disputed lot. Further complicating matters, he then acted as counsel for Lydia Durano-Rodriguez, who substituted for DCI in a civil case filed by SJHAI. This series of actions led to the initial disbarment case against Romanillos for representing conflicting interests, a violation of the lawyer’s oath and the Code of Professional Responsibility. The Investigating Commissioner of the IBP noted that Respondent failed to observe [the] candor and fairness in dealing with his clients.

Despite an initial admonition from the IBP, Romanillos continued to represent Lydia Durano-Rodriguez, leading to a second disbarment case. This time, the charges included violating the earlier IBP resolution and engaging in deceitful conduct by using the title “Judge” despite his prior misconduct. The Supreme Court found merit in the complaint and disbarred Romanillos, stating:

WHEREFORE, respondent Atty. Roberto B. Romanillos is DISBARRED and his name is ORDERED STRICKEN from the Roll of Attorneys. Let a copy of this Decision be entered in respondent’s record as a member of the Bar, and notice of the same be served on the Integrated Bar of the Philippines, and on the Office of the Court Administrator for circulation to all courts in the country.

Following his disbarment, Romanillos made several attempts to be reinstated, all of which were denied. Finally, in 2014, he filed another letter seeking judicial clemency, which led to the present Supreme Court resolution. The Court referred the letter to the Office of the Bar Confidant (OBC) for evaluation and directed Romanillos to provide evidence of his good moral character. In response, Romanillos submitted forty letters from various individuals vouching for his character. However, the Court found these testimonials insufficient to demonstrate genuine remorse, reformation, and potential for public service.

The Supreme Court emphasized that reinstatement to the Bar is not a matter of right but a privilege granted only to those who demonstrate special fitness in intellectual attainment and moral character. Citing the case of Re: Letter of Judge Augustus C. Diaz, Metropolitan Trial Court of Quezon City, Branch 37, Appealing for Judicial Clemency, the Court reiterated the guidelines for resolving requests for judicial clemency:

1. Proof of remorse and reformation.
2. Sufficient time lapsed since the penalty.
3. The age of the applicant shows he still has productive years ahead.
4. A showing of promise and potential for public service.
5. Other relevant factors that justify clemency.

In evaluating Romanillos’s appeal, the Court found that he failed to meet the first and most critical guideline: proof of remorse and reformation. While Romanillos expressed a desire for forgiveness, he continued to maintain that there was no conflict of interest in his representation of both SJHAI and Durano/Rodriguez. This insistence on his innocence, despite the Court’s previous finding to the contrary, undermined his claim of genuine remorse. The court emphasizes that, the lawyer has to demonstrate and prove by clear and convincing evidence that he or she is again worthy of membership in the Bar.

Furthermore, the testimonials submitted by Romanillos, while attesting to his good moral character, lacked specific evidence to support these claims. The Court noted that the testimonials largely consisted of bare statements without explaining why or submitting proof in support thereof. Statements alone are not sufficient to demonstrate that the respondent genuinely desire to reform. The letters alone did not provide specific information regarding his volunteer activities or any other support that the people might have shown him during the time of his disbarment.

Some of the letters even contradicted Romanillos’s claim of financial hardship due to his disbarment. For instance, one letter stated that he was hired as Vice President for Administration of a construction company, while another indicated that he was a business partner in a mining venture. These activities suggested that Romanillos was not facing the dire financial straits he claimed. Thus, the third and fourth guidelines were neither complied with.

The Court acknowledged that more than ten years had passed since Romanillos’s disbarment. However, it emphasized that time alone is not sufficient for reinstatement. In the case of Bernardo v. Atty. Mejia, the Court, in deciding whether or not to reinstate Atty. Mejia, considered that 15 years had already elapsed from the time he was disbarred, which gave him sufficient time to acknowledge his infractions and to repent.

Ultimately, the Supreme Court denied Romanillos’s appeal for reinstatement, concluding that he had failed to demonstrate genuine remorse, reformation, and potential for public service. The decision underscores the high standards required for readmission to the Bar and the Court’s commitment to preserving the integrity of the legal profession. While the Court sympathizes with the predicaments of disbarred lawyers, it stands firm in its commitment to the public to preserve the integrity and esteem of the Bar.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Roberto B. Romanillos had sufficiently demonstrated moral rehabilitation and fitness to be reinstated to the Roll of Attorneys after being disbarred. The court considered if the respondent has complied with the guidelines for reinstatement to the practice of law.
Why was Atty. Romanillos disbarred in the first place?	Atty. Romanillos was disbarred for representing conflicting interests, violating the lawyer’s oath and the Code of Professional Responsibility, and improperly using the title “Judge” after being found guilty of misconduct.
What evidence did Atty. Romanillos present to support his reinstatement?	Atty. Romanillos submitted forty letters from individuals attesting to his good moral character. However, the Court found these testimonials insufficient to demonstrate genuine remorse, reformation, and potential for public service.
What are the guidelines for reinstatement to the Bar in the Philippines?	The guidelines include proof of remorse and reformation, sufficient time lapsed since the penalty, the applicant’s age showing productive years ahead, a showing of promise and potential for public service, and other relevant factors justifying clemency.
Why did the Supreme Court deny Atty. Romanillos’s appeal?	The Court denied the appeal because Atty. Romanillos failed to provide sufficient proof of remorse, reformation, and potential for public service. He continued to insist that there was no conflict of interest notwithstanding the Court’s finding to the contrary.
Is time alone sufficient for reinstatement to the Bar?	No, time alone is not sufficient. The applicant must also demonstrate genuine remorse, reformation, and potential for public service.
What is the significance of this case for disbarred attorneys?	This case underscores the high standards required for reinstatement to the Bar and the importance of demonstrating genuine remorse, reformation, and potential for public service.
Can a disbarred attorney ever be reinstated to the Bar in the Philippines?	Yes, a disbarred attorney can be reinstated, but it requires a showing of moral reformation and rehabilitation. The duty of the Court is to determine whether he has established moral reformation and rehabilitation, disregarding its feeling of sympathy or pity.

The Supreme Court’s denial of Atty. Romanillos’s petition serves as a reminder of the legal profession’s commitment to integrity and ethical conduct. The stringent standards for reinstatement are designed to protect the public and maintain confidence in the legal system. Attorneys who have been disbarred must demonstrate a genuine transformation and a commitment to upholding the principles of the Bar before being considered for readmission.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: SAN JOSE HOMEOWNERS ASSOCIATION, INC. VS. ATTY. ROBERTO B. ROMANILLOS, 64505, July 31, 2018