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Philippine Supreme Court Jurisprudence > Year 2013 > September 2013 Decisions > B.M. No. 2540, September
24, 2013 - IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner. :
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Search B.M. No. 2540, September 24, 2013 - IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL
A. MEDADO, Petitioner.
EN BANC
RESOLUTION
SERENO, C.J.:
We resolve the instant Petition to Sign in the Roll of Attorneys filed by petitioner Michael A. Medado
(Medado).
Medado graduated from the University of the Philippines with the degree of Bachelor of Laws in 19791
and passed the same year’s bar examinations with a general weighted average of 82.7.2 cralaw virtualaw library
On 7 May 1980, he took the Attorney’s Oath at the Philippine International Convention Center (PICC)
together with the successful bar examinees.3 He was scheduled to sign in the Roll of Attorneys on 13 May
1980,4 but he failed to do so on his scheduled date, allegedly because he had misplaced the Notice to
Sign the Roll of Attorneys5 given by the Bar Office when he went home to his province for a vacation.6 cralaw virtualaw library
Several years later, while rummaging through his old college files, Medado found the Notice to Sign the
Roll of Attorneys. It was then that he realized that he had not signed in the roll, and that what he had
signed at the entrance of the PICC was probably just an attendance record.7 cralaw virtualaw library
DebtKollect Company, Inc. By the time Medado found the notice, he was already working. He stated that he was mainly doing
corporate and taxation work, and that he was not actively involved in litigation practice. Thus, he
operated “under the mistaken belief [that] since he ha[d] already taken the oath, the signing of the Roll
of Attorneys was not as urgent, nor as crucial to his status as a lawyer”;8 and “the matter of signing in
the Roll of Attorneys lost its urgency and compulsion, and was subsequently forgotten.”9 cralaw virtualaw library
In 2005, when Medado attended Mandatory Continuing Legal Education (MCLE) seminars, he was
required to provide his roll number in order for his MCLE compliances to be credited.10 Not having signed
in the Roll of Attorneys, he was unable to provide his roll number.
About seven years later, or on 6 February 2012, Medado filed the instant Petition, praying that he be
allowed to sign in the Roll of Attorneys.11 cralaw virtualaw library
The Office of the Bar Confidant (OBC) conducted a clarificatory conference on the matter on 21
September 201212 and submitted a Report and Recommendation to this Court on 4 February 2013.13
The OBC recommended that the instant petition be denied for petitioner’s gross negligence, gross
misconduct and utter lack of merit.14 It explained that, based on his answers during the clarificatory
conference, petitioner could offer no valid justification for his negligence in signing in the Roll of
Attorneys.15cralaw virtualaw library
After a judicious review of the records, we grant Medado’s prayer in the instant petition, subject to the
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9/20/2019 B.M. No. 2540, September 24, 2013 - IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner. : S…
ChanRobles Intellectual Property payment of a fine and the imposition of a penalty equivalent to suspension from the practice of law.
Division At the outset, we note that not allowing Medado to sign in the Roll of Attorneys would be akin to
imposing upon him the ultimate penalty of disbarment, a penalty that we have reserved for the most
serious ethical transgressions of members of the Bar.
In this case, the records do not show that this action is warranted.
For one, petitioner demonstrated good faith and good moral character when he finally filed the instant
Petition to Sign in the Roll of Attorneys. We note that it was not a third party who called this Court’s
attention to petitioner’s omission; rather, it was Medado himself who acknowledged his own lapse, albeit
after the passage of more than 30 years. When asked by the Bar Confidant why it took him this long to
file the instant petition, Medado very candidly replied: chanrobles virtua1aw 1ibrary
Mahirap hong i-explain yan pero, yun bang at the time, what can you say? Takot ka kung
anong mangyayari sa ‘yo, you don’t know what’s gonna happen. At the same time, it’s a
combination of apprehension and anxiety of what’s gonna happen. And, finally it’s the right
thing to do. I have to come here … sign the roll and take the oath as necessary.16
For another, petitioner has not been subject to any action for disqualification from the practice of law,17
which is more than what we can say of other individuals who were successfully admitted as members of
the Philippine Bar. For this Court, this fact demonstrates that petitioner strove to adhere to the strict
requirements of the ethics of the profession, and that he has prima facie shown that he possesses the
character required to be a member of the Philippine Bar.
Finally, Medado appears to have been a competent and able legal practitioner, having held various
positions at the Laurel Law Office,18 Petron, Petrophil Corporation, the Philippine National Oil Company,
and the Energy Development Corporation.19 cralaw virtualaw library
All these demonstrate Medado’s worth to become a full-fledged member of the Philippine Bar. While the
practice of law is not a right but a privilege,20 this Court will not unwarrantedly withhold this privilege
from individuals who have shown mental fitness and moral fiber to withstand the rigors of the profession.
That said, however, we cannot fully exculpate petitioner Medado from all liability for his years of inaction.
Petitioner has been engaged in the practice of law since 1980, a period spanning more than 30 years,
without having signed in the Roll of Attorneys.21 He justifies this behavior by characterizing his acts as
“neither willful nor intentional but based on a mistaken belief and an honest error of judgment.”22 cralaw virtualaw library
We disagree.
September-2013
Jurisprudence While an honest mistake of fact could be used to excuse a person from the legal consequences of his
acts23 as it negates malice or evil motive,24 a mistake of law cannot be utilized as a lawful justification,
A.C. No. 9149, September 04, 2013 - JULIAN because everyone is presumed to know the law and its consequences.25 Ignorantia facti excusat;
PENILLA, Complainant, v. ATTY. QUINTIN P. ALCID, ignorantia legis neminem excusat.
JR., Respondent.
Applying these principles to the case at bar, Medado may have at first operated under an honest mistake
G.R. No. 166836, September 04, 2013 - SAN of fact when he thought that what he had signed at the PICC entrance before the oath-taking was
MIGUEL PROPERTIES, INC., Petitioner, v. SEC. already the Roll of Attorneys. However, the moment he realized that what he had signed was merely an
HERNANDO B. PEREZ, ALBERT C. AGUIRRE, TEODORO attendance record, he could no longer claim an honest mistake of fact as a valid justification. At that
B. ARCENAS, JR., MAXY S. ABAD, JAMES G. BARBERS, point, Medado should have known that he was not a full-fledged member of the Philippine Bar because of
STEPHEN N. SARINO, ENRIQUE N. ZALAMEA, JR., his failure to sign in the Roll of Attorneys, as it was the act of signing therein that would have made him
MARIANO M. MARTIN, ORLANDO O. SAMSON,
CATHERINE R. AGUIRRE, AND ANTONIO V. AGCAOILI, so.26 When, in spite of this knowledge, he chose to continue practicing law without taking the necessary
Respondents. steps to complete all the requirements for admission to the Bar, he willfully engaged in the unauthorized
practice of law.
G.R. No. 194948, September 02, 2013 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. FREDDY Under the Rules of Court, the unauthorized practice of law by one’s assuming to be an attorney or officer
SALONGA Y AFIADO, Accused-Appellant. of the court, and acting as such without authority, may constitute indirect contempt of court,27 which is
punishable by fine or imprisonment or both.28 Such a finding, however, is in the nature of criminal
G.R. No. 189874, September 04, 2013 - RODULFO
VALCURZA AND BEATRIZ LASAGA, SPOUSES contempt29 and must be reached after the filing of charges and the conduct of hearings.30 In this case,
RONALDO GADIAN & JULIETA TAGALOG, SPOUSES while it appears quite clearly that petitioner committed indirect contempt of court by knowingly engaging
ALLAN VALCURZA AND GINA LABADO, SPOUSES in unauthorized practice of law, we refrain from making any finding of liability for indirect contempt, as
ROLDAN JUMAWAN AND RUBY VALCURZA, SPOUSES no formal charge pertaining thereto has been filed against him.
EMPERATREZ VALCURZA AND ENRIQUE VALCURZA,
CIRILA PANTUHAN, SPOUSES DANIEL VALCURZA AND Knowingly engaging in unauthorized practice of law likewise transgresses Canon 9 of the Code of
JOVETA RODELA, SPOUSES LORETO NAELGA AND Professional Responsibility, which provides:chanrobles virtua1aw 1ibrary
G.R. No. 157943, September 04, 2013 - PEOPLE OF Turning now to the applicable penalty, previous violations of Canon 9 have warranted the penalty of
THE PHILIPPINES, Plaintiff-Appellee, v. GILBERT suspension from the practice of law.31 As Medado is not yet a full-fledged lawyer, we cannot suspend him
REYES WAGAS, Accused-Appellant. from the practice of law. However, we see it fit to impose upon him a penalty akin to suspension by
allowing him to sign in the Roll of Attorneys one (1) year after receipt of this Resolution. For his
G.R. No. 170604, September 02, 2013 - HEIRS OF transgression of the prohibition against the unauthorized practice of law, we likewise see it fit to fine him
MARGARITA PRODON, Petitioners, v. HEIRS OF in the amount of P32,000. During the one year period, petitioner is warned that he is not allowed to
MAXIMO S. ALVAREZ AND VALENTINA CLAVE, engage in the practice of law, and is sternly warned that doing any act that constitutes practice of law
REPRESENTED BY REV. MAXIMO ALVAREZ, JR.,
before he has signed in the Roll of Attorneys will be dealt with severely by this Court.
Respondents.
G.R. No. 160316, September 02, 2013 - WHEREFORE, the instant Petition to Sign in the Roll of Attorneys is hereby GRANTED. Petitioner
ROSALINDA PUNZALAN, RANDALL PUNZALAN AND Michael A. Medado is ALLOWED to sign in the Roll of Attorneys ONE (1) YEAR after receipt of this
RAINIER PUNZALAN, Petitioners, v. MICHAEL Resolution. Petitioner is likewise ORDERED to pay a FINE of P32,000 for his unauthorized practice of
GAMALIEL J. PLATA AND RUBEN PLATA, Respondents. law. During the one year period, petitioner is NOT ALLOWED to practice law, and is STERNLY WARNED
that doing any act that constitutes practice of law before he has signed in the Roll of Attorneys will be
G.R. No. 198174, September 02, 2013 - ALPHA dealt with severely by this Court.
INSURANCE AND SURETY CO., Petitioner, v. ARSENIA
SONIA CASTOR, Respondent. Let a copy of this Resolution be furnished the Office of the Bar Confidant, the Integrated Bar of the
Philippines, and the Office of the Court Administrator for circulation to all courts in the country.
G.R. No. 200508, September 04, 2013 - PEOPLE OF
chanroblesvirtualawlibrary
A.M. No. RTJ-12-2320, September 02, 2013 - COL. Carpio, Velasco, Jr., Leonardo-De Castro, Del Castillo, Abad, Perez, Reyes, Perlas-Bernabe, and Leonen,
DANILO E. LUBATON (RETIRED, PNP), Complainant, v. JJ., concur.
JUDGE MARY JOSEPHINE P. LAZARO, REGIONAL Brion, and Villarama, Jr., JJ., On leave.
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TRIAL COURT, BRANCH 74, ANTIPOLO CITY, Peralta, Bersamin, and Mendoza, JJ., On official leave.
Respondent.
14 Id. at 42.
G.R. No. 169461, September 02, 2013 - FIRST GAS cralawnad
G.R. No. 166836, September 04, 2013 - SAN 18 Id. at 22; TSN, 21 September 2012, p. 3. cralawnad
G.R. No. 194948, September 02, 2013 - PEOPLE OF 22 Id. at 3; Petition dated 6 February 2012.
THE PHILIPPINES, Plaintiff-Appellee, v. FREDDY
cralawnad
SALONGA Y AFIADO, Accused-Appellant. 23Wooden v. Civil Service Commission, 508 Phil. 500, 515 (2005). cralawnad
G.R. No. 198174, September 02, 2013 - ALPHA 1901 1902 1903 1904 1905 1906 1907 1908
INSURANCE AND SURETY CO., Petitioner, v. ARSENIA
SONIA CASTOR, Respondent. 1909 1910 1911 1912 1913 1914 1915 1916
1917 1918 1919 1920 1921 1922 1923 1924
G.R. No. 200508, September 04, 2013 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. 1925 1926 1927 1928 1929 1930 1931 1932
CHRISTOPHER RIVERA Y ROYO, Accused-Appellant. 1933 1934 1935 1936 1937 1938 1939 1940
A.M. No. RTJ-12-2320, September 02, 2013 - COL. 1941 1942 1943 1944 1945 1946 1947 1948
DANILO E. LUBATON (RETIRED, PNP), Complainant, v. 1949 1950 1951 1952 1953 1954 1955 1956
JUDGE MARY JOSEPHINE P. LAZARO, REGIONAL
TRIAL COURT, BRANCH 74, ANTIPOLO CITY, 1957 1958 1959 1960 1961 1962 1963 1964
Respondent. 1965 1966 1967 1968 1969 1970 1971 1972
G.R. No. 182571, September 02, 2013 - LIGAYA 1973 1974 1975 1976 1977 1978 1979 1980
ESGUERRA, LOWELL ESGUERRA AND LIESELL 1981 1982 1983 1984 1985 1986 1987 1988
ESGUERRA, Petitioners, v. HOLCIM PHILIPPINES,
INC., Respondent. 1989 1990 1991 1992 1993 1994 1995 1996
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1997 1998 1999 2000 2001 2002 2003 2004
G.R. No. 204169, September 11, 2013 - YASUO
IWASAWA, Petitioner, v. FELISA CUSTODIO GANGAN1 2005 2006 2007 2008 2009 2010 2011 2012
(A.K.A FELISA GANGAN ARAMBULO, AND FELISA 2013 2014 2015 2016 2017 2018
GANGAN IWASAWA) AND THE LOCAL CIVIL
REGISTRAR OF PASAY CITY, Respondents.
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PAGKAKAISA NG MGA MANGGAGAWA SA ASIA
(TPMA), Respondent.
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VENZON, ALBERTO VILLAVECENCIO, MARILYN DE
VEGA, JEFFREY DE VEGA, LIANA DE VEGA, RAMIL DE
VEGA,16 SHANE VENZON, RUFO SINGSON, ROSALIE
BALINGIT, RAUL SINGSON, HAZEL GARCIA, CRISTINE
GARCIA, JASON GARCIA, ECY B. TAN,17 GREGORIO
AURE, ICTORIA SARMIENTO,18 OSCAR TUBIGO,19
JOVY SARMIENTO, BABYLYN SARMIENTO, JEAN
CAHIBAYBAYAN,20 RONALD CAHIBAYBAYAN,21
ALLAN CAHIBAYBAYAN, AMELIA DEQUINA, DENNIS
DEQUINA, IRMA DEQUINA, FREDERICK DEQUINA,
CRISTINE JOY DEQUINA, ENRIQUE LOPEZ,22 NERY
LOPEZ, NERISSA LOPEZ, ERICA LOPEZ, VANESSA
LOPEZ, LEO JIMENEZ, MICHELLE JIMENEZ, MAYLEEN
JIMENEZ, LEONARDO JIMENEZ,23 FELICIANO
MIRALLES, VIRGINIA ECIJA, LEONARDO AHORRO,
MA. GINA SORIO, ARNEL SORIO, JOENNY PAVILLAR,
SALVACION PAVILLAR, JOHNNY BALDERAMA, MARY
JANE BALDERAMA, FERDINAND MALAQUE, MARK
ADELCHI MALAQUE, CLIO JOY MALAQUE, IRISH
MADLANGBAYAN, EFFERSON MADLANGBAYAN,
ROBERTO MALAQUE, HELARIA MALAQUE,24 ARBIE
MAY MALAQUEROY,25 GILBERT MALAQUE,26 SARRY
LEGASPI, TERESITA LEGASPI, ROSEANN CRUZ, SHE
ANN CRUZ, EXELEN LEGASPI, GREGORIO RAMOS,
NENITA RAMOS, FELINO TEGIO, JOYZAIRRA ACULA,
JUANITO CALUGAY,27 GEMMA CALUGAY, CARLITO
ANTONIO, CELIA ANTONIO,28 PRINCES
MARGARET,29 JOSE CECILIO,30 JEROME CZAR,31
RAMON SISON, DANILO SISON, MARILOU SISON,
ALEX RIVERA, NARCISO DEL ROSARIO, BRIAN DEL
ROSARIO,32 CHARLINE DEL ROSARIO, CARMELA DEL
ROSARIO, KEVIN DEL ROSARIO, BEHNSIN JOHN DEL
PACIS,33 MELRON ANTONIO, ANGEO ANTONIO,34
DAISY ANN ANTONIO, IVAN ANTONIO, RAYMART
ANTONIO, PRESCILLA PAGKALIWANGAN, MARK
KENNETH PAGKALIWANGAN, MARK JULIUS
PAGKALIWANGAN, VINCENT PAGKALIWANGAN,
DOLORES ORTEZA, JONECA ORTEZA,35 YUMI ORTEZA,
NICANOR ORTEZA, RAUL BALINGIT, KATRINA
CASSANDRA BAES, CHRISTOPHER BAES, MARK GIL
BAES, BIENVENIDO BAES, ARTEMIO SANTOS,
CATHERINE UMINGA, ROLANDO UMINGA, SR.,
ERLINDA TUAZON, CHRISTIAN TUAZON, ARGEL
ANGELO SANTOS, MONTANO PAGKALIWANGAN, IN
THEIR OWN BEHALF AND AS MEMBERS OF SAMAHANG
MAGKAKAPITBAHAY NG VILLA REYES COMPOUND
ASSOCIATION, Respondents.
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ACAYLAR, AND PO1 JOVANNIE C. BALICOL,
Respondents.
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9/20/2019 B.M. No. 2540, September 24, 2013 - IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner. : S…
G.R. No. 197813, September 25, 2013 - PEOPLE OF
THE PHILIPPINES, Plaintiff-Appellee, v. EDWIN
IBAÑEZ Y ALBANTE AND ALFREDO (FREDDIE) NULLA
Y IBAÑEZ, Accused-Appellants.
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