In re: Elmo S.

Abad
A. M. No. 139 March 28, 1983

Facts:
1. 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.
2. In exculpation he narrated certain circumstances which do not constitute his right admission to
the Philippine Bar and the right to practice law. Such circumstances include:
a) payment of his Bar Admission Fee, Certification Fee, and Membership Dues to the
Integrated Bar of the Philippines, as shown by official receipts
b) Atty. Romeo Mendoza, the then Clerk of Court of the Honorable Supreme Court, included
him as among those taking the Oath of Office as Member of the Bar as shown by a Letter of
Request
c) he received a letter from the Integrated Bar of the Philippines, Quezon City Chapter
informing him of an Annual General Meeting together with his Statement of Account
d) the Honorable Supreme Court did not order for the striking of his name in the Roll of
Attorneys with the Integrated Bar of the Philippines
e) inclusion of his name as a Qualified Voter for the election of officers and directors by the
Integrated Bar of the Philippines, Quezon City Chapter
f) when Jorge Uy died, he submitted a verified Notice and Motion with the Honorable
Supreme Court, notifying the Court of this fact with a prayer that he be allowed to take his
Oath as Member of the Bar
g) he 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:
 Whether or not respondent is guilty of contempt of court

Held:
1. Yes. The proven charge against respondent Abad constitutes contempt of court (Rule 71, Sec.
3(e), Rules of Court.)
2. 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.
3. 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.)