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Republic of the Philippines

SUPREME COURT
Manila

EN BANC

A. M. No. 139 March 28, 1983

RE: ELMO S. ABAD, 1978 Successful Bar Examinee. ATTY. PROCOPIO S. BELTRAN, JR., President of the
Philippine Trial Lawyers Association, Inc., complainant,
vs.
ELMO S. ABAD, respondent.

ABAD SANTOS, J.:

Charged by Atty. Procopio S. Beltran, Jr., president of the Philippine Trial Lawyers Association, Inc., of practicing law
without having been previously admitted to the Philippine Bar, Mr. Elmo S. Abad could not deny and had to admit
the practice. In exculpation he gives the following lame explanation:

1. On July 23, 1979, respondent conformably with the Resolution of the Honorable Supreme Court En
Banc dated July 10, 1979, ... prior to his taking the Oath of Office as a member of the bar, paid his Bar
Admission Fee in the amount of P175.00 as shown by Official Receipt No. 8128792, ... paid his
Certification Fee in the amount of P5.00 as shown by Official Receipt No. 8128793, ... and also paid his
Membership Dues for the year 1979-80 to the Integrated Bar of the Philippines as shown by Official
Receipt No. 83740,... .

2. On July 26, 1979, Atty. Romeo Mendoza, the then Clerk of Court of the Honorable Supreme Court,
included the respondent as among those taking the Oath of Office as Member of the Bar as shown by a
Letter of Request dated July 23, 1979, ...

3. At around Eleven o' clock in the morning of July 26, 1979, while waiting for my turn to take my Oath
as a member of the Bar, I was made to sign my Lawyer's Oath by one of the Clerk in the Office of the
Bar Confidant and while waiting there, Atty. Romeo Mendoza told me that Chief Justice, the Honorable
Enrique M. Fernando wants to talk to me about the Reply of Mr. Jorge Uy (Deceased) to my Answer to
his Complaint. The Honorable Chief Justice told me that I have to answer the Reply and for which
reason the taking of my Lawyer's Oath was further suspended. *

4. On July 31, 1979, I filed my Reply to Mr. Jorge Uy's Answer with a Prayer that the Honorable Supreme Court determines my fitness to be a
member of the Bar;

5. While waiting for the appropriate action which the Honorable Supreme Court may take upon my
Prayer to determine my fitness to be a member of the Bar, I received a letter from the Integrated Bar of
the Philippines, Quezon City Chapter dated May 10, 1980 informing the respondent of an Annual
General Meeting together with my Statement of Account for the year 1980-1981, ... .

6. Believing that with my signing of the Lawyer's Oath on July 26, 1979 and my Reply to Mr. Jorge Uy's
(Deceased) Answer, the Honorable Supreme Court did not ordered for the striking of my name in the
Roll of Attorneys with the Integrated Bar of the Philippines and therefore a Member in Good Standing, I
paid my membership due and other assessments to the Integrated Bar of the Philippines, Quezon City
Chapter, as shown by Official Receipt No. 110326 and Official Receipt No. 0948, ... . Likewise
respondent paid his Professional Tax Receipt as shown by Official Receipt No. 058033 and Official
Receipt No. 4601685, ... .

7. On February 28, 1981, the Integrated Bar of the Philippines, Quezon City Chapter also included the
name of the respondent as a Qualified Voter for the election of officers and directors for the year 1981-
1982, ... .

8. Respondent's belief and good faith was further enhanced by the fact that on January 8, 1981,
Complainant Jorge Uy in SBC607 died and herein respondent submitted a verified Notice and Motion
with the Honorable Supreme Court on April 27, 1981; notifying the Court of this fact with a prayer that
herein respondent be allowed to take his Oath as Member of the Bar;

9. Thereafter, respondent was again assessed by the Integrated Bar for his 1981-1982 membership
due and other assessment for which the undersigned paid as shown by Official Receipt No. 132734
and Official Receipt No. 3363, ... .

10. Respondent likewise paid his Professional Tax Receipt for 1981 as shown by Official Receipt No.
3195776, ... .

11. Respondent likewise has a Certificate of Membership in the Integrated Bar of the Philippines as
well as a Certificate of Membership in Good Standing with the Quezon City Chapter of the Integrated
Bar of the Philippines, ....

Respondent Abad should know that the circumstances which he has narrated do not constitute his admission to the
Philippine Bar and the right to practise law thereafter. He should know that two essential requisites for becoming a
lawyer still had to be performed, namely: his lawyer's oath to be administered by this Court and his signature in the
Roll of Attorneys. (Rule 138, Secs. 17 and 19, Rules of Court.)

The proven charge against respondent Abad constitutes contempt of court (Rule 71, Sec. 3(e), Rules of Court.)

WHEREFORE, Mr. Elmo S. Abad is hereby fined Five Hundred (P500.00) pesos payable to this Court within ten
(10) days from notice failing which he shall serve twenty-five (25) days imprisonment.

SO ORDERED.

Fernando, C.J., Teehankee, Makasiar, Concepcion Jr., Guerrero, De Castro, Melencio-Herrera, Plana, Escolin
Vasquez, Relova and Gutierrez, Jr., JJ., concur.

Aquino, J., is on leave.

Footnotes

* The case was SBC No. 607-Jorge Q. Uy vs. Elmo S. Abad which was dismissed on November 25,
1982 because of the death of the complainant. However, there is still pending BM No. 136-Esperanza
T. Sistoso, et al. vs. Elmo S. Abad for qualified theft. The respondent was required to file an answer on
October 26, 1982.

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