4. beltran vs. abad_2

1
4. Atty. Procopio Beltran vs. Mr. Elmo Abad Facts: Mr. Elmo Abad was charged by Atty. Procopio Beltran, President of the Philippine Trial Lawyers Association, of practising law without being admitted to the Bar. Abad admitted that during the time he was waiting for his turn to take the Oath he was made to sign his Lawyer’s Oath by one of the Clerk in the Office of the Bar. He was told by Atty. Mendoza, Clerk of Court of the Supreme Court, that the Chief Justice wanted to talk to him regarding the Answer he made for a complaint. He was told to answer the reply and he filed it with a prayer to be fit to become a member of the Bar. He already paid his membership fees and other assessments in the belief that he was already admitted to the Bar in good faith. Issue: Whether or not Mr. Abad engaged himself in the unauthorized practice of law Held: Yes. Mr. Abad did not comply with the two essential requisites of becoming a lawyer. These two requisites are: Lawyer’s Oath to be administered by the Court and his signature in the Roll of Attorneys. Mr. Abad was fined Php 500.00 within ten days from notice falling which he shall serve 25 days of imprisonment. (note: very short talaga ang case na to..one page lang ang full text..ang saya!!)

Upload: gerardpetermariano

Post on 15-Jan-2016

15 views

Category:

Documents


1 download

DESCRIPTION

Legal Ethics

TRANSCRIPT

Page 1: 4. Beltran vs. Abad_2

4. Atty. Procopio Beltran vs. Mr. Elmo Abad

Facts:

Mr. Elmo Abad was charged by Atty. Procopio Beltran, President of the Philippine Trial Lawyers Association, of practising law without being admitted to the Bar. Abad admitted that during the time he was waiting for his turn to take the Oath he was made to sign his Lawyer’s Oath by one of the Clerk in the Office of the Bar. He was told by Atty. Mendoza, Clerk of Court of the Supreme Court, that the Chief Justice wanted to talk to him regarding the Answer he made for a complaint. He was told to answer the reply and he filed it with a prayer to be fit to become a member of the Bar. He already paid his membership fees and other assessments in the belief that he was already admitted to the Bar in good faith.

Issue:

Whether or not Mr. Abad engaged himself in the unauthorized practice of law

Held:

Yes. Mr. Abad did not comply with the two essential requisites of becoming a lawyer. These two requisites are: Lawyer’s Oath to be administered by the Court and his signature in the Roll of Attorneys. Mr. Abad was fined Php 500.00 within ten days from notice falling which he shall serve 25 days of imprisonment.

(note: very short talaga ang case na to..one page lang ang full text..ang saya!!)