Republic of the Philippines

SUPREME COURT
Manila

EN BANC

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, respondent.

ABAD SANTOS, J.:

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 in the amount
of P175.00 as shown by Official Receipt No. 8128792, ... paid his Certification
Fee in the amount of P5.00 as shown by Official Receipt No. 8128793, ... and
also paid his Membership Dues for the year 1979-80 to the Integrated Bar of the
Philippines as shown by Official Receipt No. 83740,... .

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 dated July
23, 1979, ...

3. At around Eleven o' clock in the morning 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. Romeo Mendoza told me that Chief Justice, the Honorable Enrique
M. 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, as shown by Official Receipt No. 110326 and Official
Receipt No. 0948, ... . Likewise respondent paid his Professional Tax Receipt as
shown by Official Receipt No. 058033 and Official Receipt No. 4601685, ... .

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 as
shown by Official Receipt No. 132734 and Official Receipt No. 3363, ... .

10. Respondent likewise paid his Professional Tax Receipt for 1981 as shown by
Official Receipt No. 3195776, ... .

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, ....

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.

SO ORDERED.

Fernando, C.J., Teehankee, Makasiar, Concepcion Jr., Guerrero, De Castro, Melencio-Herrera,

Plana, Escolin Vasquez, Relova and Gutierrez, Jr., JJ., concur.

Aquino, J., is on leave.