Beltran v.

David
A. 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
FACTS:
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:
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 and also paid his Membership Dues for the year 197980 to the Integrated Bar of the Philippines
2. On July 26, 1979, Atty. Romeo Mendoza, the then Clerk of
Court of the SC, included the respondent as among those taking the
Oath of Office as Member of the Bar as shown by a Letter of Request.
3. That while waiting for his turn to take Oath as a member of the
Bar, he 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 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. He filed a reply
4. He received a letter from the Integrated Bar of the Philippines,
informing the respondent of an Annual General Meeting together with
his Statement of Account for the year 1980-1981,
5. Believing that with his signing of the Lawyer's Oath on July 26,
1979 and his Reply to Mr. Jorge Uy's (Deceased) Answer, the SC did not
ordered for the striking of his name in the Roll of Attorneys with IBP
and therefore a Member in Good Standing, He paid his membership
due and other assessments.
6. That his name was included as a Qualified Voter for the
election of officers and directors for the year 1981-1982,
7. Respondent's belief and good faith was further enhanced by
the fact that on January 8, 1981, Complainant Jorge Uy in SBC607 died
and herein respondent submitted a verified Notice and Motion with the
SC; notifying the Court of this fact with a prayer that herein respondent
be allowed to take his Oath as Member of the Bar;

8. Thereafter, respondent was again assessed by the IBP and

likewise paid his Professional Tax Receipt for 1981 as shown by Official
Receipt No. 3195776, ... .
9. Respondent likewise has a Certificate of Membership in the IBP
as well as a Certificate of Membership in Good Standing
ISSUE: WON those circumstances constitute as admission to the
Philippine Bar.
HELD:
No.
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.)
The proven charge against respondent Abad constitutes
contempt of court (Rule 71, Sec. 3(e), Rules of Court.)
Mr. Elmo S. Abad is hereby fined P500 payable to this Court
within 10 DAYS from notice failing which he shall serve twenty-five (25)
days imprisonment.