Case Summary (G.R. No. 174536)
Procedural History and Petition
On October 14, 2002, Melendrez filed a petition with the OBC seeking (1) disqualification of Meling from the 2002 Bar Examinations and (2) disciplinary action against him as a Shari’a Bar member. The Supreme Court referred the matter to the OBC on December 3, 2002, and Meling filed his answer shortly thereafter.
Allegations of Non-Disclosure and Misuse of Title
Melendrez alleged that Meling failed to disclose three pending criminal cases (two for grave oral defamation; one for less serious physical injuries) in his bar‐examination application. He further charged Meling with unauthorized use of the title “Atty.” in official communications despite not being a member of the Integrated Bar.
OBC Report and Recommendation
The OBC found Meling’s excuse—that a retired judge advised settlement—“ludicrous,” noting that only a court may dismiss criminal cases. His non-disclosure under oath demonstrated dishonesty and violated Rule 7.01, Code of Professional Responsibility. The OBC also held that knowingly using the appellation “Atty.”, even if typed by a clerk, could constitute indirect contempt. It recommended (a) barring Meling from taking the lawyer’s oath and signing the Roll of Attorneys should he pass, and (b) suspending his Shari’a Bar membership until further order.
Mootness of Bar Oath Relief
Meling failed the 2003 Bar Examinations. The Court deemed the prayer to prevent him from taking the lawyer’s oath moot and academic, but proceeded to resolve the discipline issue as a member of the Shari’a Bar.
Good Moral Character Requirement under the 1987 Constitution
Under the 1987 Constitution and jurisprudence, the privilege to practice law—regular or Shari’a—demands not only legal learning but continued good moral character. Bar‐examination applicants must disclose any pending criminal charges to enable the Court to assess moral fitness.
Concealment and Dishonesty in Application
Meling’s deliberate silence regarding three pending cases, despite an express declaration under oath, evidenced his lack of the honesty and integrity required of lawyers. Concealment alone suffices to impugn fitness, irrespective of the eventual merits of the criminal charges.
Unauthorized Use of “Attorney” Title
Meling’s use of “Atty.”, knowing he was not a Philippine Bar member, violated the reserved appellation doctrine. Only those admitted to the Integrated Bar after passing the Bar Examinations may use the title. Unauthorized usage undermines public trust and may constitute contempt.
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...continue readingCase Syllabus (G.R. No. 174536)
Antecedents of the Petition
- On October 14, 2002, Atty. Froilan R. Melendrez filed with the Office of the Bar Confidant (OBC) a petition seeking:
- Disqualification of Haron S. Meling from taking the 2002 Bar Examinations.
- Disciplinary penalty against Meling as a member of the Philippine Shariaa Bar.
- Petition alleges Meling failed to disclose three pending criminal cases before the MTCC, Cotabato City.
- Attached endorsement letter indicates Meling used “Atty.” in official communications received November 27, 2001.
Allegations of Non-Disclosure of Criminal Cases
- Criminal Cases Nos. 15685 and 15686 (Grave Oral Defamation) and No. 15687 (Less Serious Physical Injuries) stem from an incident on May 21, 2001.
- The incident involved alleged defamatory statements against Melendrez and his wife, and a physical attack resulting in injury.
- Melendrez contends omission of pending cases in Meling’s Bar petition constitutes concealment of material facts.
Allegations of Unauthorized Use of Title “Atty.”
- Meling purportedly signed official letters as “Atty. Haron S. Meling” while serving as Secretary to the Mayor of Cotabato City.
- Such use of the appellation despite non-membership in the Philippine Bar is deemed misleading.
Meling’s Answer Before the OBC
- Admits non-disclosure, explaining reliance on retired Judge Corocoy Moson’s advice that the cases would be settled.
- Considers the three cases as “closed and terminated” based on moral ascendancy of former professor.
- Denies acts involve moral turpitude.
- Claims office clerk inserted the t