Re 2003 Bar Examinations - Atty. Danilo De Guzman.docx

RE: 2003 BAR EXAMINATIONS ATTY. DANILO DE GUZMAN B.M. NO. 1222, April 24, 2009, EN BANC, (Ynares-Santiago, J.) FACTS:

Danilo De Guzman was disbarred for an issue regarding the 2003 Bar Examinations. Working as an assistant lawyer in the Balgos & Perez, he leaked the exam questions to his fraternity brothers thinking that they were just quizzers in a book supposedly written by the examiner who was one of the partners. He now prays that he be granted judicial clemency and be reinstated as a member in good standing standin g in the Philippine Bar. He presented as evidence his track record in public service that has been going on even  before he entered law school. After his disbarment, he worked as the consultant of the City Government of Taguig and later, a member of the Secretariat of the Peoples Law Enforcement Board (PLEB). It was coupled with testimonials and endorsements from various individuals and entities all attesting to his good character.

ISSUE:  Whether or not Danilo de Guzman should be reinstated as a member of the Bar?

HELD:

Yes. It is of no question that petitioner’s act in copying the exam questions from Atty. Balgos’ computer without his knowledge and consent and which questions later turned out to be the Bar questions in Mercantile Law in the 2003 Bar Examinations is not at all commendable. While we do believe that petitioner sincerely did not intend to cause the damage that his action ensued, still, he must be sanctioned for unduly compromising the integrity of the bar examinations. The petitioner has since reformed and has sincerely reflected on his transgressions. Thus, in view of the circumstances and likewise for the humanitarian considerations, the penalty of disbarment may now be commuted to suspension. We deem petitioner worthy of clemency to the extent of commuting his penalty to 7 years of suspension, inclusive of the 5 years he has already served his disbarment. WHEREFORE, in view of the foregoing, the Petition for Judicial Clemency and Compassion is hereby GRANTED IN PART. The disbarment of DANILO DE GUZMAN from the practice of law is hereby COMMUTED to SEVEN (7) YEARS SUSPENSION FROM THE PRACTICE OF LAW, reckoned from February 4, 2004.