Readmission to the Bar

What is “REINSTATEMENT”?
• Readmission to the membership in the Bar and the restoration to a
disbarred lawyer of the privilege to practice law.

Authority to reinstate a lawyer

• The exclusive authority to reinstate the privilege to practice law to a
disbarred lawyer or an indefinitely suspended lawyer to the office of
attorney at law belongs to the Supreme Court.

Guidelines in the lifting of the Order of Suspension of a Lawyer (Maniago v. Atty.

De Dios)
• After a finding that respondent lawyer must be suspended from the
practice of law, the Court shall render a decision imposing the penalty;
• Unless the Court explicitly states that the decision is immediately executory
upon receipt thereof, respondent has 15 days within which to file a motion
for reconsideration thereof. The denial of said motion shall render the
decision final and executory;
• Upon the expiration of the period of suspension, respondent shall file
a Sworn Statement with the Court, through the Office of the Bar Confidant,
stating therein that he or she has desisted from the practice of law and has
not appeared in any court during the period of his or her suspension;
• Copies of the Sworn Statement shall be furnished to the Local Chapter of
the IBP and to the Executive Judge of the courts where respondent has
pending cases handled by him or her, and/or where he or she has appeared
as counsel;
• The Sworn Statement shall be considered as proof of
respondent's compliance with the order of suspension; and
• Any finding or report contrary to the statements made by the lawyer under
oath shall be a ground for the imposition of a more severe punishment, or
disbarment, as may be warranted.

Reinstatement for Disbarred Lawyers

• A disbarred lawyer may be reinstated upon determination whether the
applicant has satisfied and convinced the Court, by positive evidence, that
the effort he has made toward the rehabilitation of his character has been
 successful, and, therefore, he is entitled to be readmitted to a profession
which is intrinsically an office of trust and confidence.

Concept of “Positive Evidence”

• Proofs of honesty, integrity, and good moral character, through written
testimonials of credible institutions and personalities.

Guidelines in resolving requests for judicial clemency(cited in A.C. No. 5161, July
11, 2017):
• Presentation of any proof of reformation and remorse
• Lapse of sufficient amount of time from the imposition of the penalty
to ensure a period of reform;
• The age of the person asking for clemency must show that he still has
productive years ahead of him that can be put to good use by giving
him a chance to redeem himself.
• Promise, (such as intellectual aptitude, learning or legal acumen or
contribution to legal scholarship and the development of the legal
system or administrative and other relevant skills) as well as
potential for public service
• Show proof that he/she is a person of good moral character

Effects of Reinstatement/Readmission to the Bar

• Recognition of moral rehabilitation and mental fitness to practice law
• Reinstated lawyer shall be subject to the same law, rules, and regulations
as those applicable to any other lawyers;
• Reinstated lawyer must comply with the conditions imposed on his
readmission for the restoration of good standing as a member of the
Philippine Bar.