PATRICK A.

 CARONAN, Complainant, v. RICHARD A. CARONAN

A.K.A. "ATTY. PATRICK A. CARONAN," Respondent.

A.C. No. 11316

July 12, 2016

NATURE OF THE CASE: Administrative Case; Disbarment due to identity theft

SUPREME COURT DECISION: RICHARD A. CARONAN A.K.A. "ATTY. PATRICK A.

CARONAN was and prohibited from engaging in the practice of law or making any
representations as a lawyer. He is also barred from being admitted as a member of
the Philippine Barin the future. LEGAL DOCTRINE: Under Section 6, Rule 138 of the
Rules of Court, no applicant for admission to the Bar Examination shall be admitted
unless he had pursued and satisfactorily completed a pre-law course. A person who
does not exhibit good moral character by showing dishonesty by assuming the
name, identity and school records of his own brother and dragging the latter into
controversies lacks the moral fitness to be a member of the Bar.

FACTS OF THE CASE: The real Patrick A. Caronan filed a complaint in 2013 before
the Integrated Bar of the Philippines against his brother Richard A. Caronan a.k.a.
Atty. Patrick A. Caronan. Complainant and respondent are full brothers and both
completed their secondary education in Makati High School. Complainant graduated
in University of Makati in 1997 with a degree in Business Administration. He
married Myrna Tapis in 2001. On the other hand, respondent studied in
Pamantasan ng Lungsod ng Maynila for one year, then transferred to Philippine
Military Academy in1992 where he was discharged after a year. Respondent was
not able to get a college degree since then.

In 1999, respondent, using the complainants school records enrolled in St. Mary’s
Law School in Nueva Vizcaya and passed the Bar examinations in 2004.
Complainant knew of these events but he did not mind as he did not anticipate any
adverse consequences to him. In 2009, complainant realized that the respondent
has been using his name to perpetrate different crimes, to the point that the
complainant eventually feared for his safety and lost his job due to the
controversies. Complainant filed the present complain-

affidavit to stop the respondent’s alleged use of the former’s name and identity,
and the illegal practice of law.

Respondent denied all allegations against him and used res judicata as defense.
He said that his identity can no longer be questioned as this was already resolved in
CBD Case No. 09-2362 where the IBP Board of Governors dismissed the case filed
against him, and which case had already been declared closed and terminated by
the Supreme Court in A.C. Case No. 10074. According to him, complainant is being
used by Reyes and her spouse, Brigadier General Joselito M. Reyes, to humiliate,
disgrace, malign, discredit, and harass him because he filed several administrative
and criminal complaints against them before the Ombudsman. On June 15,
2015, IBP Investigating Commissioner Jose Villanueva Cabrera (Investigating
Commissioner) issued his Report and Recommendation, finding respondent guilty of
illegally and falsely assuming complainant's name, identity, and academic records.
He observed that respondent failed to controvert all the allegations against him
and did not present any proof to prove his identity. Respondent admitted that he
and complainant are siblings upon his arrest. He disclosed the name of their
parents and that he is married to Rosana Halili-Caronan. However, based on the
NSO Marriage Certificate, “Patrick Caronan” is married to Myrna Tagpis.

These including some other evidence proved that respondent indeed assumed
complainant’s identity to study law and take the Bar examinations. Because of this,
IBP Investigating Officer recommended that the name “Patrick Caronan” be
dropped and stricken off the Roll of Attorneys, and the name “Richard Caronan” be
barred from being admitted as a member of the Bar, and lastly, IBP wasdirected to
institute appropriate actions against respondent for making a mockery of the
judicial institution.

ISSUE: Whether or not the name "Patrick A. Caronan" be stricken off the Roll of
Attorneys and the name "Richard A. Caronan" be barred from being admitted to the
Bar.

RULING: Yes, the name "Patrick A. Caronan" must be stricken off the Roll of
Attorneys and the name "Richard A. Caronan" must be barred from being admitted
to the Bar.

Under Section 6, Rule 138 of the Rules of Court: Section 6. Pre-Law. - No applicant
for admission to the bar examination shall be admitted unless he presents
a certificate that he has satisfied the Secretary of Education that, before he began
the study of law, he had pursued and satisfactorily completed in anauthorized and
recognized university or college, requiring for admission thereto the completion of
a four-year high school course, the course of study prescribed therein for a
bachelor's degree in arts or sciences with any of the following subject as major or
field of concentration: political science, logic, English, Spanish, history,
and economics.