Scribd Logo
Upload

Welcome to Scribd!

  • 26 views

    Diao V Martinez - Digest

    Uploaded by

    Chemen Manalo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Diao V Martinez - Digest

    Uploaded by

    Chemen Manalo
    26 views1 page

    Original Title

    Diao v Martinez_digest

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    26 views1 page

    Diao V Martinez - Digest

    Uploaded by

    Chemen Manalo

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Telesfor 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.

    Severino Martinez charged him with having falsely represented in his application for such Bar
    examination, that he had the requisite academic qualifications. 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.

    Telesforo A. Diao, 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.

    Diao never obtained his A.A. from Quisumbing College; and yet his application for examination
    represented him as an A.A. graduate from 1940-1941 of such college. Now, asserting he had obtained
    his A.A. title from the Arellano University in April, 1949, he says he was erroneously certified, due to
    confusion, as a graduate of Quisumbing College, in his school records.

    This explanation is not acceptable, for the reason that the "error" or "confusion" was obviously of his
    own making. Had his application disclosed his having obtained A.A. from Arellano University, it would
    also have disclosed that he got it in April, 1949, thereby showing that he began his law studies six
    months before obtaining his Associate in Arts degree. And then he would not have been permitted to
    take the bar tests, because our Rules provide, and the applicant for the Bar examination must affirm
    under oath, "That previous to the study of law, he had successfully and satisfactorily completed the
    required pre-legal education as prescribed by the Department of Private Education .

    ISSUES: Whether or not passing the Bar is a sufficient requirement to becoming a member of the Bar.

    RULING: No. The Supreme Court, in this case has ordered the Clerk to strike from the roll of attorneys,
    the name of Telesforo A. Diao, and the latter was required to return his lawyer’s diploma within thirty
    days.

    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.

    You might also like