LAW 314: PROBLEM AREAS IN LEGAL ETHICS
Republic of the Philippines amount of P5.00 as shown by Official Receipt No. 8128793, ...
SUPREME COURT
Manila
EN BANC
A. M. No. 139 March 28, 1983
RE: ELMO S. ABAD, 1978 Successful Bar Examinee. ATTY. PROCOPIO S.
BELTRAN, JR., President of the Philippine Trial Lawyers Association,
Inc., complainant,
vs.
ELMO S. ABAD, respondent.
Legal Ethics; Successful bar candidates; Practice of Law; Essential
requisites for becoming a lawyer.—Respondent Abad should know that the
circumstances which he has narrated do not constitute his admission to the
Philippine Bar and the right to practise law thereafter. He should know that two
essential requisites for becoming a lawyer still had to be performed, namely: his
lawyer’s oath to be administered by this Court and his signature in the Roll of
Attorneys. (Rule 138, Secs. 17 and 19, Rules of Court.)
Same; Same; Same; Contempt; Practicing law without having been
previously admitted to the Philippine bar, although already successful bar
candidate, constitutes contempt of court; Fine of P500.00 or 25 days
imprisonment for failure to pay the fine.—The proven charge against
respondent Abad contempt of court (Rule 71, Sec. 3(e), Rules of Court.) Mr. Elmo
S. Abad is hereby fined Five Hundred (P500.00) pesos payable to this Court within
ten (10) days from notice failing which he shall serve twenty-five (25) days
imprisonment. Beltran, Jr. vs. Abad, 121 SCRA 217, BM No. 139 March 28, 1983
ABAD SANTOS, J.:
Charged by Atty. Procopio S. Beltran, Jr., president of the Philippine Trial Lawyers
Association, Inc., of practicing law without having been previously admitted to the
Philippine Bar, Mr. Elmo S. Abad could not deny and had to admit the practice. In
exculpation he gives the following lame explanation:
1. On July 23, 1979, respondent conformably with the Resolution
of the Honorable Supreme Court En Banc dated July 10, 1979, ...
prior to his taking the Oath of Office as a member of the bar, paid
his Bar Admission Fee in the amount of P175.00 as shown by
Official Receipt No. 8128792, ... paid his Certification Fee in the
ISMAEL CATALINO A. MAESTRE JR.
Canon 9 - Unauthorized Practice of Law
and also paid his Membership Dues for the year 1979-80 to the
Integrated Bar of the Philippines as shown by Official Receipt No.
83740,... .
2. On July 26, 1979, Atty. Romeo Mendoza, the then Clerk of
Court of the Honorable Supreme Court, included the respondent
as among those taking the Oath of Office as Member of the Bar as
shown by a Letter of Request dated July 23, 1979, ...
3. At around Eleven o' clock in the morning of July 26, 1979, while
waiting for my turn to take my Oath as a member of the Bar, I was
made to sign my Lawyer's Oath by one of the Clerk in the Office of
the Bar Confidant and while waiting there, Atty. Romeo Mendoza
told me that Chief Justice, the Honorable Enrique M. Fernando
wants to talk to me about the Reply of Mr. Jorge Uy (Deceased) to
my Answer to his Complaint. The Honorable Chief Justice told me
that I have to answer the Reply and for which reason the taking of
my Lawyer's Oath was further suspended. *
4. On July 31, 1979, I filed my Reply to Mr. Jorge Uy's Answer
with a Prayer that the Honorable Supreme Court determines my
fitness to be a member of the Bar;
5. While waiting for the appropriate action which the Honorable
Supreme Court may take upon my Prayer to determine my fitness
to be a member of the Bar, I received a letter from the Integrated
Bar of the Philippines, Quezon City Chapter dated May 10, 1980
informing the respondent of an Annual General Meeting together
with my Statement of Account for the year 1980-1981, ... .
6. Believing that with my signing of the Lawyer's Oath on July 26,
1979 and my Reply to Mr. Jorge Uy's (Deceased) Answer, the
Honorable Supreme Court did not ordered for the striking of my
name in the Roll of Attorneys with the Integrated Bar of the
Philippines and therefore a Member in Good Standing, I paid my
membership due and other assessments to the Integrated Bar of
the Philippines, Quezon City Chapter, as shown by Official
Receipt No. 110326 and Official Receipt No. 0948, ... . Likewise
respondent paid his Professional Tax Receipt as shown by Official
Receipt No. 058033 and Official Receipt No. 4601685, ... .
7. On February 28, 1981, the Integrated Bar of the Philippines,
Quezon City Chapter also included the name of the respondent as
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LAW 314: PROBLEM AREAS IN LEGAL ETHICS Canon 9 - Unauthorized Practice of Law
a Qualified Voter for the election of officers and directors for the
year 1981-1982, ... .

8. Respondent's belief and good faith was further enhanced by the

fact that on January 8, 1981, Complainant Jorge Uy in SBC607
died and herein respondent submitted a verified Notice and Motion
with the Honorable Supreme Court on April 27, 1981; notifying the
Court of this fact with a prayer that herein respondent be allowed
to take his Oath as Member of the Bar;

9. Thereafter, respondent was again assessed by the Integrated

Bar for his 1981-1982 membership due and other assessment for
which the undersigned paid as shown by Official Receipt No.
132734 and Official Receipt No. 3363, ... .

10. Respondent likewise paid his Professional Tax Receipt for

1981 as shown by Official Receipt No. 3195776, ... .

11. Respondent likewise has a Certificate of Membership in the

Integrated Bar of the Philippines as well as a Certificate of
Membership in Good Standing with the Quezon City Chapter of
the Integrated Bar of the Philippines, ....

Respondent Abad should know that the circumstances which he has narrated do
not constitute his admission to the Philippine Bar and the right to practise law
thereafter. He should know that two essential requisites for becoming a lawyer still
had to be performed, namely: his lawyer's oath to be administered by this Court
and his signature in the Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of
Court.)

The proven charge against respondent Abad constitutes contempt of court (Rule
71, Sec. 3(e), Rules of Court.)

WHEREFORE, Mr. Elmo S. Abad is hereby fined Five Hundred (P500.00) pesos
payable to this Court within ten (10) days from notice failing which he shall serve
twenty-five (25) days imprisonment.

SO ORDERED.

Fernando, C.J., Teehankee, Makasiar, Concepcion Jr., Guerrero, De Castro,

Melencio-Herrera, Plana, Escolin Vasquez, Relova and Gutierrez, Jr., JJ., concur.

Aquino, J., is on leave.

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