11. In Re 2003 Bar Exam.docx

In re: 2003 Bar Examinations

FACTS: On September 22, 2003, there was a rumored leakage in the bar examination on the Mercantile Law subject. Investigation was lead back to the office of Atty. Marcial O.T. Balgos, then Mercantile Law Examiner, where the leakage started. Allegedly, Atty. Danilo de Guzman (assistant lawyer in the firm of Balgos and Perez) stole a copy of Atty. Balgos’ file on Mercantile Law with the proposed test items, and the former sent it to some members of the Beta Sigma Lambda Fraternity.

ISSUE: WON Atty. Balgos and Atty. de Guzman are guilty of gross misconduct unbecoming a member of the Bar.

RULING: Yes. De Guzman abetted cheating or dishonesty by his fraternity brothers in the examination, which is violative of Rule 1.01 of Canon 1, as well as Canon 7 of the Code of Professional Responsibility for members of the Bar. As for Atty. Balgos’ negligence, if he had taken those simple precautions to protect the secrecy of his papers, nobody could have stolen them and copied and circulated them. The integrity of the bar examinations would not have been sullied by the scandal.