IN THE MATTER OF THE DISQUALIFICATION OF BAR EXAMINEE HARON S. MELING

IN THE MATTER OF THE DISQUALIFICATION OF BAR EXAMINEE HARON S. MELING

IN THE MATTER OF THE DISQUALIFICATION OF BAR EXAMINEE HARON S. MELING IN THE 2002 BAR EXAMINATIONS AND FOR DISCIPLINARY ACTION AS MEMBER OF THE PHILIPPINE SHARI’A BAR,

ATTY. FROILAN R. MELENDREZ, petitioner,

B.M. No. 1154.  June 8, 2004

Facts:

On October 14, 2002, Atty. Froilan R. Melendrez (Melendrez) filed with the Office of the Bar Confidant (OBC) a Petition to disqualify Haron S. Meling (Meling) from taking the 2002 Bar Examinations and to impose on him the appropriate disciplinary penalty as a member of the Philippine Shari’a Bar.

In the Petition, Melendrez alleges that Meling did not disclose in his Petition to take the 2002 Bar Examinations that he has three (3) pending criminal cases before the Municipal Trial Court in Cities (MTCC), Cotabato City, namely:  Criminal Cases Noa. 15685 and 15686, both for Grave Oral Defamation, and Criminal Case No.  15687 for Less Serious Physical Injuries.

The above-mentioned cases arose from an incident which occurred on May 21, 2001, when Meling allegedly uttered defamatory words against Melendrez and his wife in front of media practitioners and other people.  Meling also purportedly attacked and hit the face of Melendrez’ wife causing the injuries to the latter.

Furthermore, Melendrez alleges that Meling has been using the title “Attorney” in his communications, as Secretary to the Mayor of Cotabato City, despite the fact that he is not a member of the Bar. Attached to the Petition is an indorsement letter which shows that Meling used the appellation and appears on its face to have been received by the Sangguniang Panglungsod of Cotabato City on November 27, 2001.

Pursuant to this Court’s Resolution dated December 3, 2002, Meling filed his Answer with the OBC.

In his Answer, Meling explains that he did not disclose the criminal cases filed against him by Melendrez because retired Judge Corocoy Moson, their former professor, advised him to settle his misunderstanding with Melendrez.  Believing in good faith that the case would be settled because the said Judge has moral ascendancy over them, he being their former professor in the College of Law, Meling considered the three cases that actually arose from a single incident and involving the same parties as “closed and terminated.”  Moreover, Meling denies the charges and adds that the acts complained of do not involve moral turpitude.

As regards the use of the title “Attorney,” Meling admits that some of his communications really contained the word “Attorney” as they were, according to him, typed by the office clerk.

In its Report and Recommendation dated December 8, 2003, the OBC disposed of the charge of non-disclosure against Meling in this wise:

The reasons of Meling in not disclosing the criminal cases filed against him in his petition to take the Bar Examinations are ludicrous.  He should have known that only the court of competent jurisdiction can dismiss cases, not a retired judge nor a law professor.  In fact, the cases filed against Meling are still pending.  Furthermore, granting arguendo that these cases were already dismissed, he is still required to disclose the same for the Court to ascertain his good moral character.  Petitions to take the Bar Examinations are made under oath, and should not be taken lightly by an applicant.

Issue: WON the imposition of appropriate sanctions upon Haron S. Meling is proper and shall subsequently barred him from taking his lawyer’s oath and signing on the Roll of Attorneys

Held:

The Petition is GRANTED insofar as it seeks the imposition of appropriate sanctions upon Haron S. Meling as a member of the Philippine Shari’a Bar.  Accordingly, the membership of Haron S. Meling in the Philippine Shari’a Bar is hereby SUSPENDED until further orders from the Court, the suspension to take effect immediately. Insofar as the Petition seeks to prevent Haron S. Meling from taking the Lawyer’s Oath and signing the Roll of Attorneys as a member of the Philippine Bar, the same is DISMISSED for having become moot and academic.

Rationale:

Practice of law, whether under the regular or the Shari’a Court, is not a matter of right but merely a privilege bestowed upon individuals who are not only learned in the law but who are also known to possess good moral character.  The requirement of good moral character is not only a condition precedent to admission to the practice of law, its continued possession is also essential for remaining in the practice of law.

The disclosure requirement is imposed by the Court to determine whether there is satisfactory evidence of good moral character of the applicant. The nature of whatever cases are pending against the applicant would aid the Court in determining whether he is endowed with the moral fitness demanded of a lawyer. By concealing the existence of such cases, the applicant then flunks the test of fitness even if the cases are ultimately proven to be unwarranted or insufficient to impugn or affect the good moral character of the applicant.