EN BANC

[B.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. ABA D respondent.

SYLLABUS

1. LEGAL ETHICS; ADMISSION TO THE — BAR; ESSENTIAL REQUISITES TO BE

COMPLIED WITH BEFORE BECOMING A MEMBER THEREOF. — Respondent Abad
should know that the circumstances which he has narrated do not constitute his
admission to the Philippine Bar and the right 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 (Rule 138, Secs. 17 and 19, Rules of Court).
2. REMEDIAL LAW; ASSUMING TO BE AN ATTORNEY AND ACTING AS SUCH
WITHOUT AUTHORITY CONSTITUTES CONTEMPT OF COURT. — 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. The proven charge against Abad
constitutes contempt of court [Rule 71, Sec. 3(e), Rules of Court].

DECISION

ABAD SANTOS , J : p

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: LLjur

"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 O ce as a member of the bar, paid his Bar Admission Fee in the amount
of P175.00 as shown by O cial Receipt No. 8128792, . . . paid his Certi cation
Fee in the amount of P5.00 as shown by O cial Receipt No. 8128793, . . . 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 O ce 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 O ce of the Bar Con dant and while
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 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 led my Reply to Mr. Jorge Uy's Answer with a
Prayer that the Honorable Supreme Court determines my tness 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 tness 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 O cial Receipt No. 110326 and
O cial Receipt No. 0948, . . . Likewise respondent paid his Professional Tax
Receipt as shown by O cial Receipt No. 058033 and O cial 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 a Quali ed 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 SBC-607 died and herein
respondent submitted a veri ed 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 Certi cate of Membership in the Integrated

Bar of the Philippines as well as a Certi cate 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 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. (Rule 138, Secs. 17 and 19, Rules of Court.) prcd

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 ned Five Hundred (P500.00) pesos
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 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.

Footnotes

** The case was SBC No. 607-Jorge Q. Uy vs. Elmo S. Abad which was dismissed on November
25, 1982 because of the death of the complainant. However, there is still pending BM No.
136 - Esperanza T. Sistoso, et al. vs. Elmo S. Abad for quali ed theft. The respondent
was required to file an answer on October 26, 1982.

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