Case Digest (B.M. No. 3288) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On May 19, 2017, the Office of the Bar Confidant (OBC) received a letter from Mercuria D. So, complaining that Ma. Lucille P. Lee, a successful examinee of the 2016 Bar Examinations, was a defendant in Civil Case No. 740 for collection of a ₱200,000.00 loan and thus unfit for admission to the Bar due to alleged irresponsible attitude toward her monetary obligations. Attached to the letter was the Complaint for Collection of Sum of Money filed by So. In her Comment, Lee explained that she was unaware of the pendency of Civil Case No. 740 until she registered for oath taking, admitted that she had paid ₱140,000.00 over ten months, and attributed her failure to pay subsequent installments to business losses. She pleaded for more time to settle the loan. In its July 11, 2017 Report, the OBC noted that Lee had declared in her Bar application another pending suit, Civil Case No. 1436 (“Nonoy Bolos v. Ma. Lucille Lee Jao”) for an aggregate loan of ₱1,450,000.00. On August 1, 2017, the Case Digest (B.M. No. 3288) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Initiation of Proceedings
- May 19, 2017: The Office of the Bar Confidant (OBC) received a letter from Mercuria D. So alleging that Ma. Lucille P. Lee was the defendant in Civil Case No. 740 for collection of a ₱200,000 loan.
- Lee’s Comment: She claimed she learned of Civil Case No. 740 only upon registering for the oath-taking; she admitted borrowing ₱200,000 and paying ₱140,000 over ten months but defaulted due to business losses, asserting no intent to evade payment and requesting more time to settle.
- OBC Evaluation and Initial Court Action
- July 11, 2017 OBC Report: Noted that Lee’s 2016 Bar Examination application disclosed Civil Case No. 1436 (Nonoy Bolos v. Ma. Lucille Lee Jao) for collection of ₱1,450,000 in loans from Joseph “Nonoy” Bolos.
- August 1, 2017 Resolution: Held in abeyance Lee’s request to sign the Roll of Attorneys pending her manifestation of the status of Civil Case Nos. 740 and 1436.
- Subsequent Petitions and Developments
- October 9, 2017 Petition: Lee manifested that Civil Case No. 740 had been dismissed under a compromise agreement with So, and that she had complied with its terms.
- March 15, 2019 Petition: Lee reiterated the dismissal of Civil Case No. 740 and reported that Civil Case No. 1436 was likewise dismissed via a compromise with Bolos, whereby she agreed to pay at least ₱15,000 monthly starting one month after her oath-taking.
- March 28, 2019 OBC Report: Recommended allowing Lee to retake the Lawyer’s Oath and sign the Roll of Attorneys, subject to her notifying the Court within one month of her first ₱15,000 payment to Bolos and again upon full satisfaction of her debt per the compromise.
Issues:
- Whether Ma. Lucille P. Lee should be allowed to retake the Lawyer’s Oath and sign the Roll of Attorneys despite the prior pendency and subsequent compromise-dismissal of Civil Case Nos. 740 and 1436.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)