BASIC

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LEGAL ETHICS | BANGUIS|BERNAL|CARPIO|ESTEPA|MERCADO
TITLE:
Beltran, Jr vs. Abad
(A.M. No. 139. March 28, 1983)
DOCTRINE/S:
One who passed the Bar examinations but has not yet taken his oath and signed the roll of
attorneys is not yet authorized to practice law. It does not matter that he has signed the
Lawyers Oath or that he has paid membership dues to the IBP for which he was issued the
corresponding receipts or that he was included in the roster of qualified voters for the IBP
elections. For practicing law and assuming to be an attorney, the applicant for admission to the
bar is engaged in unauthorized practice of law.
FACTS:

Atty. Procopio Beltran, Jr., the president of the Philippine Trial Lawyers Association,
Inc. (PTLAI), charged Mr. Elmo Abad for practicing law without having been
previously admitted to the Philippine Bar.
Abad did not deny the practice but in exculpation, he gives the following lame
explanation:

1. On July 23, 1979, prior to his taking the Oath of Office as a member of the bar, he paid
his Bar Admission Fee in the amount of P175.00 as shown by the Official Receipt. He
likewise paid his Certification Fee in the amount of P5.00. And, he also paid his
Membership Dues for the year 1979-80 to the Integrated Bar of the Philippines.
2. On July 26, 1979, Atty. Romeo Mendoza, the then Clerk of Court of the Honorable
Supreme Court, included the respondent as among those taking the Oath of Office as
Member of the Bar as shown by a Letter of Request.
3. At around 11AM of July 26, 1979, while waiting for my turn to take my Oath as a
member of the Bar, I 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. Mendoza told me that Chief
Justice, the Honorable 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.
4. On July 31, 1979, I filed my Reply to Mr. Jorge Uy's Answer with a Prayer that the
Honorable Supreme Court determines my fitness to be a member of the Bar;
5. While waiting for the appropriate action which the Honorable Supreme Court may take
upon my Prayer to determine my fitness to be a member of the Bar, I received a letter
from the Integrated Bar of the Philippines, Quezon City Chapter dated May 10, 1980
informing the respondent of an Annual General Meeting together with my Statement of
Account for the year 1980-1981.

6. Believing that with my signing of the Lawyer's Oath on July 26, 1979 and my
Reply to Mr. Jorge Uy's (Deceased) Answer, the Honorable Supreme Court did not
ordered for the striking of my name in the Roll of Attorneys with the Integrated Bar
of the Philippines and therefore a Member in Good Standing, I paid my membership due
and other assessments to the Integrated Bar of the Philippines, Quezon City Chapter. I
also paid my Professional Tax Receipt.
7. On February 28, 1981, the Integrated Bar of the Philippines, Quezon City Chapter also
included the name of the respondent as a Qualified Voter for the election of officers
and directors for the year 1981-1982.
8. 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 Honorable Supreme Court on April 27, 1981; notifying the
Court of this fact with a prayer that herein respondent be allowed to take his Oath as
Member of the Bar;
9. Thereafter, respondent was again assessed by the Integrated Bar for his 1981-1982
membership due and other assessment for which the undersigned paid..
10. Respondent likewise paid his Professional Tax Receipt for 1981.
11. Respondent likewise has a Certificate of Membership in the Integrated Bar of the
Philippines as well as a Certificate of Membership in Good Standing with the Quezon
City Chapter of the Integrated Bar of the Philippines,

ISSUE/S:
WON respondent Abad should be reprimanded for practicing law without taking his oath.
(YES.)
HELD:
Respondent Abad should know that the circumstances which he has narrated do not constitute
his admission to the Philippine Bar and the right to practise 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.)
WHEREFORE, Mr. Elmo S. Abad is hereby fined Five Hundred (P500.00) pesos payable to
this Court within ten (10) days from notice failing which he shall serve twenty-five (25) days
imprisonment.