Supreme Court reinstates lawyer who leaked questions in 2003 Bar exams

MANILA, Philippines - The Supreme Court (SC) has granted clemency to a lawyer who was disbarred for leaking the mercantile law questionaire in the 2003 Bar exams to his fraternity brothers.

The High Court reinstated Danilo de Guzman, a former associate of the law firm of former justice secretary Hernando Perez and Marcial Balgos, and the penalty imposed on him from disbarment to suspension from practice of law for seven years starting from February 2004, when he was disbarred by the SC, until 2011.

Thirteen of the 15 justices voted to grant De Guzman’s petition for judicial clemency and compassion and agreed that he has “sufficiently demonstrated the remorse expected of him considering the gravity of his transgressions.”

In the ruling penned by Associate Justice Consuelo Ynares–Santiago and promulgated last Apr. 24, the High Court cited De Guzman’s involvement in public service, particularly his active participation with the People’s Law Enforcement Board.

“Penalties, such as disbarment, are imposed not to punish but to correct offenders. While this 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,” the SC said.

The High Court also based its decision on recommendations of “esteemed members of the legal profession,” including retired Court of Appeals associate justice Oscar Herrera, Judge Hilario Laqui, professor Edwin Sandoval and lawyer Lorenzo Ata. It also noted the testimony of Rev. Fr. Paul Balagtas that De Guzman has had “positive impact on society at large since the unfortunate events of 2003.”

De Guzman, a former Taguig City council legal officer, was an associate in the Balgos and Perez Law Offices at the time when Balgos was the examiner for mercantile law in 2003 Bar exams.

In dropping him from the roll of attorneys in 2004, the Court adopted the findings of the investigation committee, which found that he had downloaded the questions from Balgos’ computer and faxed them to other people.