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[B.M. 1217.� January 18, 2005]
ECO vs. CHOA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2005 .
B.M. 1217 (Rolando O. Eco, et al. vs. John L. Choa.)
At issue is the alleged unauthorized and contumacious use by respondent John L. Choa of the title "Atty." without having actually been admitted to the Philippine bar.
Complainants are students of the Far Eastern University (FEU) Institute of Law who learned that respondent has been holding himself out as a lawyer for many years without obtaining a license from the Supreme Court to practice law. Complainants likewise allege that respondent has been advertising the name of his supposed law firm, Choa Montilla Albeza & Associates Law Offices, with himself as senior partner. As President of the Printing Industries Association of the Philippines (PIAP), respondent has also been representing himself as a full-fledged lawyer by signing the official documents of the PIAP as "Atty. John L. Choa."
In his Comment, respondent admitted the use of "Atty." although he is not a member of the bar. He explained that he did so in good faith, believing that the title is synonymous with the word "lawyer," hence, "he could use said title." He stated that he never engaged in the practice of law and the firm he was connected with never practiced law. Now that he realized that the word "attorney" has a technical and legal meaning, reserved only for those who are licensed by the Supreme Court to practice law, respondent has informed the Court that he is voluntarily desisting from using the title since the filing of this complaint.
Respondent, although a law graduate of the FEU Institute of Law, never took the bar. He has no right to use the title "Atty." which others have earned through rigorous and serious effort. Likewise, he has no right to represent himself as a law practitioner with a law firm under his name.
Respondent's defense that he used the title "Atty." in good faith does not exonerate him from liability. Respondent should know that a mere law graduate is not entitled to use the title "Atty." and practice law unless and until he passes the bar and meets the requirements of the Rules of Court. Lastly, his voluntary desistance from using the title does not mitigate his liability either. Falsely claiming to be an attorney and acting as such without authority constitutes contempt of court. [1] cralaw
WHEREFORE, respondent John L. Choa is hereby held in
contempt of court and is fined Fifty Thousand Pesos (P50,000.00) payable
to this Court within ten (10) days from notice, with imprisonment until full
payment.
Davide, Jr., C.J., on sick leave.
Puno, Acting C. J., no part.
Very truly yours,
(Sgd.)
LUZVIMINDA D. PUNO
Clerk of Court
Endnotes:
[1] cralaw Rule 71, Section 3 (e), Rules of Court
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