IN THE MATTER OF THE PETITION FOR DISBARMENT OF TELESFORO A. DIAO v. SEVERINO G.

MARTINEZ
A.C. No. 244 March 29, 1963

FACTS:

Two years following his admission to the Philippine Bar, lawyer Telesforo A. Diao was charged by private
complainant Severino G. Martinez for allegedly falsifying his application to take the Bar Examinations
specifically his scholastic qualifications. The Solicitor General, having established in the course of its
investigation that at the time Diao filed his application to take the Bar Examinations did not complete the
required prelegal education prescribed by the Department of Private Education, recommended the
omission of his name from the roll of attorneys. Diao averred that he had entered military service, took
and passed the General Classification Test which is equivalent to a high school diploma, and that he
completed his Associate in Arts degree at the Arellano University in 1949 and due to confusion, was
erroneously certified in his school records as a graduate of Quisumbing College.

ISSUE:

Whether or not Atty. Telesforo A. Diao should be disbarred from the practice of law having no pre law
courses acquired.

HELD:

Yes, Atty. Telesforo A. Diao should be disbarred from the practice of law. His application disclosed that he
began his law studies six months before he obtained his pre-law degree thereby disqualifying him from
taking the bar tests under the rules, but with the aid of false pretenses, was allowed to take it, passed it
and thereafter admitted to the bar. The fact that he hurdled the bar examinations is immaterial. The High
Tribunal, through Chief Justice Bengzon, enunciated that passing such examinations is not the only
qualification to become an attorney-at-law. Taking the prescribed courses of legal study in the regular
manner is equally essential.