A.C. No. 228. March 09, 1960
PANFILO ROYO, COMPLAINANT, VS. CELSO T. OLIVA, RESPONDENT.
MONTEMAYOR, J.:
“Consistent with our policy to maintain the high
traditions and standards of the legal profession, insure the observance
of legal ethics, protect the interests of clients and help keep their
faith in attorneys at law, we are constrained to deal firmly with cases
like the present,”“We find Atty. Celso T. Oliva guilty of
malpractice and violation of his oath as lawyer. He is hereby ordered
disbarred and he is directed to surrender his lawyer’s diploma, his
certificate of admission to the Bar, and any other certificate issued
to him relative to his admission to the Bar, within thirty (30) days
from notice of this decision.”
Respondent Oliva on May 16, 1958, filed a Motion for
reconsideration, adducing reasons in support thereof, as well as
citations of cases of malpractice, particularly, the punishment or
disciplinary action imposed and taken against erring members of the
Bar. The motion for reconsideration was denied.
On November 16, 1959, respondent Oliva filed a “Petition for the
Lifting of the Order of Disbarment”, again giving reasons to support
his petition and citing cases of malpractice decided by this Tribunal
and drawing a comparison of the measures of discipline and punishment
adopted against members of the Bar for malpractice and the punishment
imposed upon him. Again, his petition was denied.
On February 20, 1960, respondent filed a “Petition Ex-Parte for the
Lifting of the Order of Disbarment”. After carefully considering this
last petition, as we have done the previous motion for reconsideration
and the petition for the lifting of the order of disbarment, and after
considering as a whole all the reasons and cases given and cited by him
in his three pleadings, and bearing in mind that almost two years have
passed since he was ordered disbarred, and taking into account the
circumstances involved in this case, and in the belief and confidence
that respondent Oliva has been sufficiently punished and disciplined,
his petition is hereby granted and the order contained in our decision
disbarring him is hereby lifted. Attorney Celso T. Oliva is hereby
reinstated in the legal profession and restored to the practice of law,
and the Clerk of Court is directed to return to him his lawyer’s
diploma, his certificate of admission to the Bar, and any other
certificate issued to him relative to his admission to the Bar.
Paras, C. J., Bengzon, Bautista Angelo, Labrador, Concepcion, Reyes, J. B. L., Endencia, Barrera, and Gutierrez David, JJ., concur.