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Beltran Jr. vs. Abad, 132 SCRA 453 (BM 139)

31 Jul

FACTS:

Mr. Elmo S. Abad was a successful examinee of the 1978 bar examinations. His subsequent practice of law was questioned and complained by the President of Philippine Trial Lawyers’ Association, Inc. Respondent explained that:

–      He had already paid for the Bar Admission Fee;

–      He was notified of the oath-taking by the Supreme Court and signed the Lawyer’s Oath by one clerk in the Office of the Bar Confidante;

–      He participated Annual General Meeting of IBP Quezon City, and paid his statement dues and was included as a voting member for officers and directors – also conferred to him a certificate of Membership in Good Standing from IBP QC Chapter;

–      The Supreme Court never issued any order in the striking of his name in the roll of attorneys, and paid his dues and PTR;

ISSUE:

Whether or not the respondent is guilty of contempt of court.

HELD:

YES. Respondent was sentenced fine and imprisonment for twenty five (25) days.

RATIO:

Respondent should know that the circumstances which he narrated do not constitute his admission to the Philippine Bar and the right (or privilege) to practice 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.

He was found in violation of Rule 71 of the Rules of Court:

SEC. 3. Indirect contempt to be punished after charge and hearing – x x x:

x x x

(e) Assuming to be an attorney or an officer of a court, and acting as such without authority;

x x x

From which respondent cannot further deny.

 
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Posted by on July 31, 2012 in Case Digests, Legal Ethics

 

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