Legal Profession 1

Tan v Sabandal Key words:

B.M. No. 44, Feb 24 1992
Ponente: Melencio-Herrera, J.

I. Code of Professional Responsibility provision used:

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair
statement or claim regarding his qualifications or legal services

II. Reliefs Sought

Motion for Reconsideration to deny petitioner's petition to be allowed to take the oath as member of the Philippine Bar
and to sign the Roll of Attorneys

III. Facts
Respondent Nicolas El. Sabandal passed the 1978 Bar Examinations but because of pending administrative complaints filed against him regarding
instances when he called himself attorney knowing full well that he was not yet admitted to the Bar, he was not allowed to take the lawyers
oath.

He then filed a petition to be admitted to the Philippine Bar and to be allowed to sign the Roll of Attorneys.

Acting to his 1989 petition, the Court directed the executive judge of the province where Sabandal is domiciled to submit a comment on
respondent's moral fitness to be a member of the Bar.

In compliance therewith, the executive judge stated in his comment that he is not aware of any acts committed by the respondent as would
disqualify him from admission to the Bar. However, he added that respondent has a pending civil case before his court for cancellation/reversion
proceedings, in which respondent, then working as Land Investigator of the Bureau of Lands, is alleged to have secured a free patent and later a
certificate of title to a parcel of land which, upon investigation, turned out to be a swampland and not susceptible of acquisition under a free
patent, and which he later mortgaged to the bank.

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IV. Issue/s and Held

1. W/N Sabandal shall be admitted to the Philippine Bar

No. The court ruled that in the development of the case, they find Sabandal to have concealed the civil case brought against him in the course of
his series of petitions to be allowed to take oath together with the testimonies attesting to his good moral character without any mention of the
pending case against him. The court finds this as manipulative and gross dishonesty on the part of the respondent.

The practice of law is not a matter of right. It is a privilege bestowed upon individuals who are not only learned in the law but who are also
known to possess good moral character. It has also been held that no moral qualification for bar membership is more important than
truthfulness or candor.

V. Separate Opinions

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