Title
IN RE: Abad vs. Abad
Case
B.M. No. 139
Decision Date
Mar 28, 1983
Elmo Abad practiced law without taking the oath or signing the Roll of Attorneys, claiming good faith via fee payments; Court ruled unauthorized practice and contempt, imposing a fine.

Case Digest (A.M. No. RTJ-10-2236)

Facts:

  • Complainant’s Allegations
    • Atty. Procopio S. Beltran, Jr., President of the Philippine Trial Lawyers Association, filed a complaint (BM No. 139) charging Elmo S. Abad with practicing law without prior admission to the Philippine Bar.
    • The complaint was heard en banc, docketed as 206 Phil. 172, decided March 28, 1983.
  • Respondent’s Admissions and Exculpatory Statements
    • On July 23, 1979, Abad paid the Bar admission fee (₱175), certification fee (₱5), and Integrated Bar of the Philippines (IBP) dues for 1979–80, obtaining official receipts.
    • On July 26, 1979, the Clerk of Court included him among those taking the Lawyer’s Oath; he signed an oath form but did not actually take the oath before the Court.
    • His oath-taking was suspended when Chief Justice Fernando required him to answer a pending complaint by Jorge Uy; he filed that reply on July 31, 1979.
    • While awaiting further Court action, Abad continued paying IBP dues (1980–81, 1981–82), professional tax receipts, and was listed as a qualified voter in IBP elections.
    • After Uy’s death in January 1981, Abad filed a motion on April 27, 1981, praying to be allowed to take his oath. He also obtained IBP membership and good-standing certificates.

Issues:

  • Whether Elmo S. Abad practiced law without having taken the Lawyer’s Oath and signing the Roll of Attorneys as required for admission.
  • If so, whether such practice constitutes contempt of court under Rule 71, Section 3(e) of the Rules of Court.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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