TELESFORO A. DIAO, vs. SEVERINO G. MARTINEZ A.C. No. 244. March 29, 1963

FACTS

After successfully passing the corresponding examinations held in 1953, Telesforo A. Diao was admitted to the Bar. About two years later, Severino Martinez charged him with having falsely represented in his application for such Bar examination, that he had the requisite academic qualifications. He prayed that Diao’s name be erased from the roll of attorneys, because contrary to the allegations in his petition for examination, he (Diao) had not completed, before taking up law subjects, the required pre-legal education prescribed by the Department of Private Education, specially, in the following particulars:
(a) Diao did not complete his high school training; and
(b) Diao never attended Quisumbing College, and never obtained his A.A. diploma therefrom — which contradicts the credentials he had submitted in support of his application for examination, and of his allegation therein of successful completion of the “required pre-legal education”.
Answering this official report and complaint, Telesforo A. Diao, practically admits the first charge: but he claims that although he had left high school in his third year, he entered the service of the U.S. Army, passed the General Classification Test given therein, which (according to him) is equivalent to a high school diploma, and upon his return to civilian life, the educational authorities considered his army service as the equivalent of 3rd and 4th year high school.

ISSUE
Whether or not Telesforo A. Diao should be disbarred from practice of law

HELD
Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations; but due to his false representations, he was allowed to take it, luckily passed it, and was thereafter admitted to the Bar. Such admission having been obtained under false pretenses must be and is hereby revoked.
The fact that he hurdled the Bar examinations is immaterial. 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.

DECISION
The Clerk is, therefore, ordered to strike from the roll of attorneys, the name of Telesforo A. Diao. And the latter is required to return his lawyer’s diploma within thirty days.