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[B.M. No. 1131.October 15, 2002]
IN RE:PETITION TO TAKE THE LAWYER'S OATH, VILLANUEVA
EN BANC
Gentlemen:
Quoted hereunder, for your information, is a resolution of this Court dated 15 OCT 2002.
BAR MATTER NO. 1131 (In Re: Petition to Take the Lawyer's Oath, Jose M. Villanueva, Petitioner.)
Before this Court is a Petition filed by Jose M. Villanueva, an Election Assistant of the COMELEC with permanent assignment in Glan, Sarangani, praying, that he be allowed to take the lawyer's oath.
It appears that the Petitioner was an election assistant, With permanent assignment in Glan, Sarangani. He graduated with a degree of Bachelor of Laws.During the synchronized elections on May 14, 2002, the Petitioner, although not yet a member of the Philippine Bar, was appointed as Substitute Chairman of the Municipal Board of Canvassers, representing the Commission on Elections in Glan, Sarangani. He accepted the appointment and served as Chairman of the Board of Canvassers. The losing candidates filed, on May 22, 2001, a Petition, with the Commission on Elections (En Banc), against the Municipal Board of Canvassers including the Petitioner its Chairman, docketed as SPC No. 01-031 for the declaration of the nullity of the canvass and for nullification and recall of the proclamation of the winning candidates, with a plea for injunctive relief. The Petitioners alleged, inter alia, that the Municipal Board of Canvassers was illegally constituted as the Chairman of the said Board, Jose M. Villanueva, was not a lawyer at the time of his appointment, as required by Section 226 of the Omnibus Election Code, as amended by Section 21 of Republic Act 6646.
The COMELEC issued a Resolution granting the petition and declaring the proclamation of the winning candidates a nullity predicated on the failure of the Board to notify the candidates of the change of venue of the canvass of the votes.The Municipal Board of Canvassers filed a Petition for Certiorari with this Court, docketed as G.R. No. 150946, with plea for an injunctive relief The Court issued a Resolution directing the issuance of a temporary restraining order. The said Petition Is still pending before the Court.
The losing candidates also filed an election protest, with the Regional Trial Court, docketed as Election Case No. 01-18, with the Petitioner, as the Chairman and three members of the Board of Canvassers, as parties-Respondents. The Petitioners therein alleged, inter alia, that the appointments of the Board of Canvassers were without notice to the Petitioners and without legal basis. The Petition is still pending with the said Court.
In the meantime, the Petitioner filed an application, with the Court, for him to be allowed to take the 2001 Bar Examinations.He alleged, in said application, that he was a Respondent in SPC Case No. 01-032 and Election Case No. 01-18.The Court issued a Resolution allowing the Petitioner to take the bar examinations, on condition that he submit to the Court, not later than November 23, 2001, copies of the complaints in the election cases filed against him.The Petitioner took the 2001 Bar Examinations end passed with a general weighted average of 78.6000%.The Petitioner then inquired if he can join the mass oath taking of the successful examinees but was verbally informed by the Office of the Bar Confidant that he had to submit to the Court clearances in connection with the election cases lodged against him.
In his Petition, the Petitioner avers that he was impleaded, as Respondent, in his official capacity as Substitute Chairman of the Municipal Board of Canvassers and not in his personal capacity and is merely a nominal party. On September 9, 2002, the Bar Confidant submitted a Memorandum to the Court recommending that the Petition of the Petitioner be granted.
The Petition is denied.
To be admitted as a member of the Bar, the Petitioner must be a person of good moral character. He has to show that no charges involving moral turpitude are pending against him.In this case, the Petitioner, although not yet a member of the Philippine Bar, accepted the position of Substitute Chairman Of the Board of Canvassers, and discharged the duties appurtenant to the position, although under Section 21 of Republic Act 6646, a substitute Chairman of the Board of Canvasser must be a ranking lawyer of the Commission on Elections.Under Article XXI, Section 261 of the Omnibus Election Code, one of the prohibited acts is the acceptance by him, although ineligible, of an appointment for the position of Substitute Chairman or Member of the Board of Canvassers, and his assumption to office. The outcome of the election cases against the Petitioner has a bearing on his qualifications as a member of the Philippine Bar.Unless and until the Petitioner is cleansed of liability for violation of the Omnibus Election Code, it cannot be gainsaid that the Petitioner possessed a good moral character and that there are no pending charges against him, involving moral turpitude.
PREMISES CONSIDERED, the Petition is DENIED.The oath-taking of the Petitioner, as a member of the Philippine Bar is DEFERRED.
*Bellosillo, Mendoza, Quisumbing, Santiago, Carpio and Martinez, JJ., on leave.
Very truly yours,
LUZVIMINDA D. PUNO
Clerk of Court
(Sgd.) MA. LUISA D. VILLARAMA
Asst. Clerk of Court
Endnotes:
* Quisumbing, J., added.
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