So vs.

Lee

 Office of the Bar Confidant Received a letter

from Mercuria So alleging that Lee is a
defendant in a civil case and is not fit for
admission to the bar considering her
irresponsible attitude towards her
monetary obligations
 Attached in the letter is a copy of the
complaint – collection of sum of money
 Lee claimed that she is unaware of the
pendency of the civil case as she learned of
it only when she registered for oath taking
 Lee admitted that she owes 200k but had
already paid a total of 140k for 10 months
BM 1209
Ceasar Distrito
Petitioner is a former Sangguniang Kabataan
Chairman. In 1999, an information for usurpation
of authority was filed against him.
As a result, he was conditionally allowed to take
the 2001 bar examinations, but when he luckily
passed the same, he was not allowed to take the
lawyer’s oath nor sign in the Roll of Attorneys
pending the resolution of the said case.
In Aug 2002, OBC received a letter from Mr.
Montinola, informing the said office that there
were other cases filed against him which were not
duly disclosed in his petition to take the bar
examinations:
 2 counts of BP 22
 Collection – decision rendered in April 2002
 Collection – filed in March 2002
Mr. Montinola also alleged in his letter that Distrito
took his oath as an IBP member, when he knows
that he has not yet taken his oath as a lawyer nor
sign in the roll of attorneys.
In Aug. 15, 2002, the OBC received a letter from
Espinosa alleging that petitioner attaches the title
atty to his name when he has not yet taken his
oath.
In April 23, 2003, petitioner filed his petition to
take the Lawyer’s oath and sign in the roll of
attorneys alleging that he had been acquitted of
the criminal case filed against him.
OBC informed petitioner of the other charges
against him, requiring to comment on the same as
they were not duly disclosed in his petition to take
the bar examinations.
Petitioner avers that when he filed his petition to
take the 2001 bar exams, the only pending criminal
case against was for the usurpation of authority or
official function. He said that he did not mention
the other charges filed against him, as they had
long been settled and dismissed without even
reaching the arraignment stage.
Criminal cases stemmed from the debts of some 50
fish vendors. His father, the Brgy. Chairman,
guaranteed the same in order to help the
fishermen but since he is the drawer of the 2
checks, complainant filed the action against
petitioner when the debts remain unpaid.
Civil case – arose from salary loans that he and brgy
officials and employees, obtained a Fil-Global
Credit and Asset Management Inc. and SWIP
Lending Corp.
He thought that he had been paying his debt when
the treasurer regularly makes deductions in his
salaries but only to learn later on that he the
treasurer had not remitted the payments
Recommendations of the OBC:
 Considering that there are no more pending
civil cases against him, he may now be
admitted to the bar, by taking the lawyer’s
oath and signing in the roll of attorneys
Ruling:
Petitioner was less than honest when he failed to
disclose the 2 other cases for violations of BP 22
and the civil cases involving sums of money
Petitioner in so doing violated Rule 7.02 of the CPR,
which requires of every applicant candor and
truthfulness. He should have realized the
implication of any omission on his part, even if
inadvertently made.
In this case, the fact that the criminal complaint for
violation of BP 22 did not reach the arraignment
stage is of no moment because he has the duty to
disclose the same as it was a material fact which
could affect his application for admission to the
bar.
Attendance and participation in IBP testimonial
dinner
He thought that the occasion was a simple
testimonial dinner for successful bar examinees
and not a testimonial dinner for new lawyers. But
the invitation attached to his petition states
otherwise.
Unauthorized use of the appellation – may render a
person liable for indirect contempt of court.
 Considered as grave misconduct
 He called himself as an Atty, knowing fully
well that he has not yet admitted to the bar.