In the Matter of the IBP Membership Dues Delinquency of Atty. MARCIAL A. EDILION

In the Matter of the IBP Membership Dues Delinquency of Atty. MARCIAL A. EDILION (IBP Administrative Case No. MDD-1)

FACTS:

The respondent Marcial A. Edillon a practicing lawyer, was recommended by The IBP Board of Governors to the Court the removal of his name from the Roll of Attorneys for non payment of membership dues in lieu of the Rules of Court 139-A and the provisions of par. 2, Section 24, Article III, of the IBP By-Laws pertaining to the membership fee and will face suspension for failure to pay the same.  Edillon contends that the provisions constitute an invasion of his constitutional rights, he is being deprived of the rights to liberty and properly guaranteed to him by the Constitution. Hence, the respondent concludes the above provisions of the Court Rule and of the IBP By-Laws are void and of no legal force and effect.

ISSUE:

 Whether or not the court may compel Atty. Edillion to pay his membership fee to the IBP.

HELD:

The Integrated Bar is a State-organized Bar which every lawyer must be a member of as distinguished from bar associations in which membership is merely optional and voluntary. All lawyers are subject to comply with the rules prescribed for the governance of the Bar including payment a reasonable annual fees as one of the requirements. The Rules of Court only compels him to pay his annual dues and it is not in violation of his constitutional freedom to associate.

Marcial A. Edillon  was disbarred.