Macarubbo V Macarubbo

FLORENCE TEVES MACARUBBO vs. ATTY. EDMUNDO L.
MACARUBBO RE:
PETITION (FOR EXTRAORDINARY MERCY) OF EDMUNDO L. MACARUBBO. Adm.
Case No. 6148. January 22, 2013
FACTS: For resolution is the Petition (For Extraordinary Mercy) filed by respondent Edmundo
L. Macarubbo (respondent) who seeks to be reinstated in the Roll of Attorneys. Records show
that the Court disbarred respondent from the practice of law for having contracted a bigamous
marriage with complainant Florence Teves and a third marriage with one Josephine Constantino
while his first marriage to Helen Esparza was still subsisting, which acts constituted gross
immoral conduct in violation of Canon 1, Rule 1.01 and Canon 7, Rule 7.03 of the Code of
Professional Responsibility. Eight years after or on June 4, 2012, respondent filed the instant
Petition For Extraordinary Mercy seeking judicial clemency and reinstatement in the Roll of
Attorneys.
ISSUE: WHETHER OR NOT THE PETITION SHOULD BE GRANTED:
HELD: The Court finds the instant petition meritorious. In Re: Letter of Judge Augustus C. Diaz,
Metropolitan Trial Court of Quezon City, Branch 37, Appealing for Clemency, the Court laid
down the following guidelines in resolving requests for judicial clemency, to wit: 1. There must
be proof of remorse and reformation. These shall include but should not be limited to
certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the
Philippines, judges or judges associations and prominent members of the community with
proven integrity and probity. A subsequent finding of guilt in an administrative case for the same
or similar misconduct will give rise to a strong presumption of nonreformation. 2. Sufficient time
must have lapsed from the imposition of the penalty to ensure a period of reform. 3. 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. 4. There must be a showing of
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. 5. There must be other relevant factors and circumstances
that may justify clemency. Moreover, to be reinstated to the practice of law, the applicant must,
like any other candidate for admission to the bar, satisfy the Court that he is a person of good
moral character. Respondent has sufficiently shown his remorse and acknowledged his
indiscretion in the legal profession and in his personal life. He has asked forgiveness from his
children by complainant Teves and maintained a cordial relationship with them. Records also
show that after his disbarment, respondent returned to his hometown and devoted his time
tending an orchard and taking care of his ailing mother until her death. In 2009, he was
appointed as Private Secretary to the Mayor and thereafter, assumed the position of Local
Assessment Operations Officer II. Moreover, he is a parttime instructor. Respondent likewise
took an active part in socio-civic activities by helping his neighbors and friends who are in dire
need
Facts:
For resolution is the Petition (For Extraordinary Mercy) filed by respondent Edmundo L
. Macarubbo who seeks to be reinstated in the Roll of Attorneys.
The Court disbarred him for having contracted a bigamous marriage with the complaina
nt and a third marriage with another while his first marriage was still subsisting, which
acts constituted gross immoral conduct in violation of Canon 1, Rule 1.01 and Canon 7, R
ule 7.03 of the Code of Professional Responsibility.
Ruling:
Respondent had sufficiently shown his remorse and acknowledged his indiscretion in th
e legal profession and in his personal life. He had asked forgiveness from his children by
complainant and maintained a cordial relationship with them as shown by the herein att
ached pictures. Records also showed that after his disbarment, respondent returned to h
is hometown and devoted his time tending an orchard and taking care of his ailing moth
er until her death. He was appointed as Private Secretary to the Mayor and thereafter, as
sumed the position of Local Assessment Operations Officer II/ Office-In-Charge in the A
ssessor’s Office, which office he continues to serve to date. Moreover, he became a part-
time instructor in a University. Respondent likewise took an active part in socio-civic act
ivities by helping his neighbors and friends who are in dire need.
Furthermore, respondent’s plea for reinstatement was duly supported by the Integrated
Bar of the Philippines, Cagayan Chapter and by his former and present colleagues. His p
arish priest certified that he is faithful to and puts to actual practice the doctrines of the
Catholic Church. He was also observed to be a regular churchgoer. Records further revea
led that respondent had already settled his previous marital squabbles, as in fact, no opp
osition to the instant suit was tendered by complainant. He sends regular support to his
children in compliance with the Court’s directive.
While the Court is ever mindful of its duty to discipline and even remove its errant office
rs, concomitant to it is its duty to show compassion to those who have reformed their wa
ys, as in this case.
After 8 years, he was reinstated to the practice of law.

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FLORENCE TEVES MACARUBBO vs. ATTY. EDMUNDO L.

ISSUE: WHETHER OR NOT THE PETITION SHOULD BE GRANTED:

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