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BASIC LEGAL ETHICS 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 pre-legal 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. 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

In Re Petition for Disbarment of Telesforo Diao

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Page 1: In Re Petition for Disbarment of Telesforo Diao

BASIC LEGAL ETHICS

IN THE MATTER OF THE PETITION FOR DISBARMENT OF TELESFORO A. DIAO

v. SEVERINO G. MARTINEZA.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 pre-legal 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.

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.