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    Bar Matter No 1222

    Uploaded by

    Alyanna Barre
    The document discusses a bar examination matter from February 2004. It summarizes that a bar exam in Mercantile Law was nullified after rumors of leakage. Justice Vitug recommended canceling and rescheduling the exam, which the Court approved. The leaked test questions were prepared by Atty. Balgos on his computer and stolen by his legal assistant, Atty. Danilo De Guzman, who distributed them. In its ruling, the Court commuted Atty. De Guzman's penalty from disbarment to a 7-year suspension, taking into account the 5 years already served and showing compassion when the penalty has served its purpose.

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    Bar Matter No 1222

    Uploaded by

    Alyanna Barre
    115 views1 page
    The document discusses a bar examination matter from February 2004. It summarizes that a bar exam in Mercantile Law was nullified after rumors of leakage. Justice Vitug recommended canceling and rescheduling the exam, which the Court approved. The leaked test questions were prepared by Atty. Balgos on his computer and stolen by his legal assistant, Atty. Danilo De Guzman, who distributed them. In its ruling, the Court commuted Atty. De Guzman's penalty from disbarment to a 7-year suspension, taking into account the 5 years already served and showing compassion when the penalty has served its purpose.

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    The document discusses a bar examination matter from February 2004. It summarizes that a bar exam in Mercantile Law was nullified after rumors of leakage. Justice Vitug recommended canceling and rescheduling the exam, which the Court approved. The leaked test questions were prepared by Atty. Balgos on his computer and stolen by his legal assistant, Atty. Danilo De Guzman, who distributed them. In its ruling, the Court commuted Atty. De Guzman's penalty from disbarment to a 7-year suspension, taking into account the 5 years already served and showing compassion when the penalty has served its purpose.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    115 views1 page

    Bar Matter No 1222

    Uploaded by

    Alyanna Barre
    The document discusses a bar examination matter from February 2004. It summarizes that a bar exam in Mercantile Law was nullified after rumors of leakage. Justice Vitug recommended canceling and rescheduling the exam, which the Court approved. The leaked test questions were prepared by Atty. Balgos on his computer and stolen by his legal assistant, Atty. Danilo De Guzman, who distributed them. In its ruling, the Court commuted Atty. De Guzman's penalty from disbarment to a 7-year suspension, taking into account the 5 years already served and showing compassion when the penalty has served its purpose.

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    © All Rights Reserved
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    Bar Matter No.

    1222, February 4, 2004


    FACTS:
    On 22 September 2003, the day following the bar examination in Mercantile Law, Justice
    Vitug, Chairman of the 2003 Bar Examinations Committee, was apprised of a rumored
    leakage in the examination on the subject.
    The Court adopted the recommendation of Justice Vitug, and resolved to nullify the
    examination in Mercantile Law and to hold another examination on 04 October
    2003 at eight oclock in the evening (being the earliest available time and date) at the De
    La Salle University, Taft Avenue, Manila.
    The resolution was issued without prejudice to any action that the Court would further
    take on the matter.
    Atty. Balgos claimed that the leaked test questions were prepared by him on his
    computer. The culprit who stole or downloaded them from Atty. Balgos computer
    without the latters knowledge and consent, and who faxed them to other persons, was
    Atty. Balgos legal assistant - Atty. DANILO G. DE GUZMAN, a former law student
    leader and honor student of FEU
    RULING:
    The Court deemed petitioner worthy of clemency to the extent of commuting his penalty to
    seven (7) years suspension from the practice of law, inclusive of the five (5) years he had already
    served his disbarment. According to the Court, penalties, such as disbarment, are imposed not to
    punish but to correct offenders. While the Court was ever mindful of its duty to discipline its
    erring officers, it also knew how to show compassion when the penalty imposed had already
    served its purpose. In cases where the Court had deigned to lift or commute the supreme
    penalty of disbarment imposed on the lawyer, it had taken into account the remorse of the
    disbarred lawyer and the conduct of his public life during his years outside of the bar.

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