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.
ABAD 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 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 amount of P5.00 as
shown by Official 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 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 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 SBC-607
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 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 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.
(In re Abad v. Abad, B.M. No. 139, [March 28, 1983],
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206 PHIL 172-175)