Case Digest (A.M. No. RTJ-10-2236)
Facts:
In Beltran Jr. vs. Abad, Atty. Procopio S. Beltran, Jr., President of the Philippine Trial Lawyers Association, Inc., filed a complaint against Elmo S. Abad for practicing law without being admitted to the Philippine Bar. Abad, a successful 1978 bar examinee, paid on July 23, 1979, his Bar Admission Fee (₱175), Certification Fee (₱5), and the 1979–80 Integrated Bar of the Philippines (IBP) dues, expecting that these actions, along with his signing of the lawyers’ oath in the Bar Confidant’s office on July 26, 1979, and his subsequent submission of a reply in SBC No. 607 (Jorge Q. Uy vs. Elmo S. Abad), constituted full admission. While waiting to take his official oath before the Court En Banc, Chief Justice Enrique M. Fernando directed Abad to file a reply to Uy’s answer, thereby delaying his formal admission. Believing himself in “good standing,” Abad continued to pay IBP membership dues for 1980–81 and 1981–82 and filed motions to take his oath. Meanwhile, the complaint in SBCCase 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)