A.C. No.

244

Diao V. Martinez

In the Matter of the Petition for Disbarment of

Telesforo A. Diao
Bengzon, C.J.

March 29, 1963

Severino G. Martinez,
petitioner

FACTS:
Summary: Two years following his admission to the Philippine Bar, lawyer Telesforo A. Diao was charged
by private complainant Severino G. Martinez for allegedly falsifying his application to take the Bar
Examinations specifically his scholastic qualifications. The Solicitor General, having established in the
course of its investigation that at the time Diao filed his application to take the Bar Examinations did not
complete the required pre-legal education prescribed by the Department of Private Education,
recommended the omission of his name from the roll of attorneys. Diao averred that he had entered
military service, took and passed the General Classification Test which is equivalent to a high school
diploma, and that he completed his Associate in Arts degree at the Arellano University in 1949 and due to
confusion, was erroneously certified in his school records as a graduate of Quisumbing College.
Diao was admitted to the Bar.
2 years later, Martinez charged him with having falsely represented in his application for the Bar
examination, that he had the requisite academic qualifications.
Solicitor General investigated and recommended that Diao's name be erased from the roll of attorneys
Diao did not complete pre-law subjects:
o Did not complete his high school training
o Never attended Quisumbing College
o Never obtained a diploma.
Diao admitting first charge but claims that although he had left high school in his third year, he entered the
service of the U.S. Army, passed the General Classification Test given therein, which (according to him) is
equivalent to a high school diploma
o Upon return to civilian life, the educational authorities considered his army service as the equivalent of
3rd and 4th year high school.
o No certification. However, it is unnecessary to dwell on this, since the second charge is clearly
meritorious:
- Never obtained his diploma from Quisumbing College; and yet his application for examination
represented him as an A.A. graduate.
- Now, asserting he had obtained his A.A. title from the Arellano University in April, 1949. He said
erroneously certified, due to confusion, as a graduate of Quisumbing College, in his school records.

ISSUE:
Whether or not DIAO still continue admission to the Bar, for passing the Bar despite not completing pre-law
requirements.
HELD:
NO.
Atty. Telesforo A. Diao should be disbarred from the practice of law. His application disclosed that he
began his law studies six months before he obtained his pre-law degree thereby disqualifying him from
taking the bar tests under the rules, but with the aid of false pretenses, was allowed to take it, passed it and
thereafter admitted to the bar. The fact that he hurdled the bar examinations is immaterial. The High

A.C. No. 244

Diao V. Martinez

March 29, 1963

Tribunal, through Chief Justice Bengzon, enunciated that passing such examinations is not the only
qualification to become an attorney-at-law. Taking the prescribed courses of legal study in the regular
manner is equally essential.
Explanation of error or confusion is not acceptable. Had his application disclosed his having obtained A.A.
from Arellano University, it would also have disclosed that he got it in April, 1949, thereby showing that
he began his law studies (2nd semester of 1948-1949) six months before obtaining his Associate in Arts
degree.
He would not have been permitted to take the bar tests:
o Bar applicant must affirm under oath, "That previous to the study of law, he had successfully and
satisfactorily completed the required pre-legal education (A.A.).
o Therefore, Diao was not qualified to take the bar examinations
o Such admission having been obtained under false pretenses must be, and is hereby revoked.
Passing such examinations is not the only qualification to become an attorney-at-law; taking the prescribed
courses of legal study in the regular manner is equally essential.
The Clerk is, therefore, ordered to strike from the roll of attorneys, the name of Telesforo A. Diao. And
the latter is required to return his lawyer's diploma within thirty days.