EN BANC
[A.M. No. 09-2-19-SC. April 22, 2014.]
IN RE: UNDATED LETTER OF MR. LOUIS C. BIRAOGO, PETITIONER IN BIRAOGO, petitioner, vs. NOGRALES AND LIMKAICHONG, G.R. No. 179120, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court en banc issued a Resolution dated APRIL 22, 2014, which reads as follows:
"A.M. No. 09-2-19-SC (IN RE: UNDATED LETTER OF MR. LOUIS C. BIRAOGO, PETITIONER IN BIRAOGO v. NOGRALES AND LIMKAICHONG, G.R. No. 179120). — For resolution is the Letter dated December 5, 2013 of Justice Ruben T. Reyes (Ret.), pleading that his remaining disqualification to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations, be lifted by way of supplement to the Court's Resolution dated April 16, 2013.
In a Decision dated February 24, 2009, the Court found Justice Reyes guilty of grave misconduct for wilfully causing the premature leakage of his ponencia in G.R. No. 179120, entitled Biraogo v. Nograles and Limkaichong, prior to its official promulgation. Accordingly, he was sanctioned a fine of P500,000.00 and was disqualified to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations, with a show-cause directive as to why he should not be disciplined as a lawyer. The dispositive portion of the Decision states:
WHEREFORE, in view of the foregoing, the Court ADOPTS the findings and APPROVES WITH MODIFICATION the Recommendations of the Investigating Committee as follows: CITaSA
1. Justice Ruben T. Reyes (Ret.) is held liable for GRAVE MISCONDUCT for leaking a confidential internal document of the Court and he is FINED P500,000.00, to be charged against his retirement benefits, and disqualified to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations; furthermore, Justice Ruben T. Reyes is directed to SHOW CAUSE within ten (10) days from receipt of a copy of this Decision why he should not be disciplined as a member of the Bar in light of the aforementioned findings.
2. Atty. Rosendo B. Evangelista and Armando Del Rosario are held liable for SIMPLE NEGLECT OF DUTY and are ordered to pay the FINE in the amount of P10,000.00 and P5,000.00, respectively.
This Decision shall take effect immediately.
SO ORDERED.
On April 15, 2009, Justice Reyes filed a Motion to Set Aside Decision, seeking reconsideration of the Court's Decision dated February 24, 2009. The motion was treated as a motion for reconsideration and was eventually denied with finality in the Resolution dated August 11, 2009. In addition, Justice Reyes was also adjudged guilty of gross misconduct for violating Rules 1.01 1 and 1.02 2 of Canon 1 of the Code of Professional Responsibility and, accordingly, was meted the penalty of indefinite suspension from the practice of law and disqualification to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations.
On April 16, 2013, the Court issued a Resolution which ruled on the six (6) letters 3 filed by Justice Reyes, seeking the benevolence of the Court to lift his indefinite suspension from the practice of law and disqualification to hold public office. The Court, in the said Resolution, partially granted the prayer, the dispositive portion of which reads: caADSE
WHEREFORE, in view of the foregoing, the Letters dated August 31, 2011, December 9, 2011, June 26, 2012, December 18, 2012, January 16, 2013, and March 14, 2013 of Justice Ruben T. Reyes (Ret.), which the Court treats as motions for reconsideration of the Court's Resolution dated August 11, 2009, are NOTED. His request for judicial clemency is GRANTED. Accordingly, the indefinite suspension from the practice of law imposed on him, in the Court's Resolution dated August 11, 2009, is LIFTED.
The penalty of disqualification to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations imposed remain in full force and effect.
Respondent is further barred from teaching in the Mandatory Continuing Legal Education (MCLE) program and to become a lecturer in any Philippine Judicial Academy (Philja) seminars and lectures.
In his current letter, Justice Reyes laments that rejoining the government is farthest from his mind, given that he is already 75 years of age. He states that he has not taught in private schools even if he can legally do so because of the lifting of his suspension from the practice of law. Finally, Justice Reyes pleads that he wants to live a normal life as a retiree from the Judiciary for his personal health and peace of mind and that of his family.
More than Five years has passed since Justice Reyes was disqualified to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations. This Court, in the Resolution dated April 16, 2013, has showed him compassion and partially granted his request based on the following:
He (Justice Reyes) has taken full responsibility for his misdemeanor and expresses deep remorse for the consequences thereto. In reconsidering the disciplinary measure imposed upon him by granting him another opportunity, during his retirement years, to practice the legal profession which he cherishes or be employed with the government, the Court took into consideration his cooperative and humble attitude during the investigation proceedings, no prior disciplinary history in his 35 years of government service, and his good character and positive reputation. TAEcCS
In certain cases, the Court, in lifting the sanction of indefinite suspension from the practice of law, has shown that it is not only a court of law and of justice, but one with compassion; not a court of vengeance but of justice.
xxx xxx xxx
Respondent's espousal of much regret and sincere apology for the leakage incident and the consequent disturbance and inconvenience it caused the Court, coupled with the persisting anguish and prevailing anxiety which he withstood through deepened spirituality and corporal good works, show his genuine repentance. Nearly four years have elapsed since Justice Reyes' suspension from the practice of law. In addition to his advancing age, the Court sees his contrite heart avowing to expiate the misdemeanor and inappropriate conduct he committed and, henceforth, swearing to measure up to the benchmark of discipline required of a member of the Bar.
The Court believes, that the passage of time and the same rationale warrants that the prayer of Justice Reyes be granted by the Court.
WHEREFORE, in view of the foregoing, the Letter dated December 5, 2013, which the Court treats as a motion for reconsideration of the Court's Resolution dated April 16, 2013, is GRANTED. Accordingly, the disqualification to hold any office or employment in any branch or instrumentality of the government, including government-owned or controlled corporations, imposed on him in the Decision dated February 24, 2009, is LIFTED." (adv107)
Very truly yours,
(SGD.) ENRIQUETA E. VIDALClerk of Court
Footnotes
* PSU excused from serving court processes per 6/4/13 resolution.
1. Rule 1.01. — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
2. Rule 1.02. — A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.
3. Letters dated August 31, 2011; December 9, 2011; June 26, 2012; December 18, 2012, January 16, 2013; and March 14, 2013.