In re: 2003 Bar Examinations B.M. No.

1222, February 4, 2004. Per Curiam

FACTS:
On September 22, 2003, there was a rumored
leakage in the bar examination on the Mercantile
Law subject. Investigation was lead back to the
office of Atty. Marcial O.T. Balgos, then
Mercantile Law Examiner, where the leakage
started. Allegedly, Atty. Danilo de Guzman
(assistant lawyer in the firm of Balgos and Perez)
stole a copy of Atty. Balgos’ file on Mercantile
Law with the proposed test items, and the
former sent it to some members of the Beta
Sigma Lambda Fraternity.

ISSUE: WON Atty. Balgos and Atty. de Guzman

are guilty of gross misconduct unbecoming a
member of the Bar.

RULING: Yes.

De Guzman abetted cheating or dishonesty by

his fraternity brothers in the examination, which
is violative of Rule 1.01 of Canon 1, as well as
Canon 7 of the Code of Professional
Responsibility for members of the Bar. As for
Atty. Balgos’ negligence, if he had taken those
simple precautions to protect the secrecy of his
papers, nobody could have stolen them and
copied and circulated them. The integrity of the
bar examinations would not have been sullied by
the scandal.