Case-no.-4.docx

CASE NO. 4 (A.M. No. 139 MARCH 28, 1983) ATTY. PROCOPIO S. BELTRAN, JR. Vs. ELMO S. ABAD FACTS: Atty. Procopio S. Beltran, president of the Philippine Trial Lawyers Association, Inc. filed a complaint against Mr. Elmo S. Abad alleging that the latter is practicing law without having been previously admitted to the Bar. In his Answer, Mr. Abad admitted the practice, but provided an explanation to such. According to him, prior to the taking of his Lawyer’s Oath, he has already paid his Bar Admission Fee, Certification Fee, and Membership dues. That on the day of his Oath-Taking, while waiting for his turn, he was made to sign his Lawyer’s Oath. However, then Chief Justice Enrique M. Fernando told Mr. Abad that he needs to answer first the Reply of Mr. Jorge Uy on his Answer to the latter’s complaint. As a result of which, Mr. Abad’s taking of the Lawyer’s Oath was further suspended. Upon the assumption that his signing of the Lawyer’s Oath and that the Supreme Court did not order the striking of his name in the Roll of Attorneys, Mr. Abad paid his membership dues and other assessments to the Integrated Bar of the Philippines-Quezon City Chapter. He likewise paid his Professional Taxes and was even included as a qualified voter for the election of officers and directors. ISSUE: Whether Mr. Abad has been admitted to the Philippine Bar. RULING: No. The explanation of Mr. Abad does not constitute his admission to the Bar and the right to practice law. It should be noted that there are two (2) essential requisites for becoming a full-pledged lawyer. First, is the taking of the Lawyer’s Oath which shall be administered by the Supreme Court, and the signing of the Roll of Attorneys. (Sections 17 & 19, Rule 138, Rules of Court). In this case, one of the essential requisites is lacking, the taking of the Lawyer’s Oath. Accordingly, the High Court held that Mr. Abad’s actions constitute indirect contempt of court for assuming to be an attorney or an officer of a court, and acting as such without authority (Section 3 (e) Rule 71).