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Disbarment Case of Atty. Telesforo Diao

Lawyer Telesforo A. Diao was charged with falsifying his bar exam application regarding his educational qualifications. An investigation found that when Diao applied, he had not completed the required pre-law education. Diao claimed he took an equivalency test and completed his degree, but records showed inconsistencies. The court held that Diao should be disbarred, as his application falsely stated he began law studies before obtaining his pre-law degree. Passing the bar exam is not the only requirement to become a lawyer; taking the prescribed legal courses in the proper manner is equally essential. Diao's name was ordered removed from the roll of attorneys and he was required to return his law diploma.

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Dwight Anthony Yu
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59 views1 page

Disbarment Case of Atty. Telesforo Diao

Lawyer Telesforo A. Diao was charged with falsifying his bar exam application regarding his educational qualifications. An investigation found that when Diao applied, he had not completed the required pre-law education. Diao claimed he took an equivalency test and completed his degree, but records showed inconsistencies. The court held that Diao should be disbarred, as his application falsely stated he began law studies before obtaining his pre-law degree. Passing the bar exam is not the only requirement to become a lawyer; taking the prescribed legal courses in the proper manner is equally essential. Diao's name was ordered removed from the roll of attorneys and he was required to return his law diploma.

Uploaded by

Dwight Anthony Yu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

27. In re Diao, AC No.

244, March 29, 1963

FACTS: Two years following his admission to the Philippine Bar, lawyer Telesforo A. Diao was charged by
private complainant Severino G. Martinez for allegedly falsifying his application to take the Bar Examinations
specifically his scholastic qualifications. The Solicitor General, having established in the course of its
investigation that at the time Diao filed his application to take the Bar Examinations did not complete the
required pre-legal education prescribed by the Department of Private Education, recommended the omission
of his name from the roll of attorneys. Diao averred that he had entered military service, took and passed the
General Classification Test which is equivalent to a high school diploma, and that he completed his Associate
in Arts degree at the Arellano University in 1949 and due to confusion, was erroneously certified in his school
records as a graduate of Quisumbing College.

ISSUE: Whether or not Atty. Telesforo A. Diao should be disbarred from the practice of law?

HELD: Yes, Atty. Telesforo A. Diao should be disbarred from the practice of law. His application disclosed that
he began his law studies six months before he obtained his pre-law degree.

Plainly, therefore, Telesforo A. Diao was not qualified to take the bar examinations; but due to his false
representations, he was allowed to take it, luckily passed it, and was thereafter admitted to the Bar. 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.

The Clerk is, therefore, ordered to strike from the roll of attorneys, the name of Telesforo A. Diao. And the
latter is required to return his lawyer's diploma within thirty days. So ordered.

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