A.C. No.
244 | March 29, 1963 Uphold the Dignity and Integrity of the Legal Profession (Canon 7)
In Re: Teleforo Diao
I. Recit-ready Summary
Atty. Telesforo Diao was charged by Severino Martinez of misrepresenting
his academic credentials. The Solicitor General found that he failed to take
the fourth year of high school and did not obtain his AA degree from
Quisumbing University, and thus recommended his removal from the roll of
attorneys.
Atty. Diao contended that his passing the General Qualification Test and
service to the US Army were equivalent to a high school diploma and to the
third and fourth years of high school, respectively, but he could not prove the
same. He also asserted that due to confusion it was not reflected that he
actually obtained his AA degree from Arellano University in 1949, but this
would mean that he started law studies before obtaining his degree.
The Court found him in violation of regularly obtaining the prerequisite
educational requirements for the study of law, and found that he should not
have even be allowed to take the bar in the first place. Thus, his name was
removed from the roll of attorneys and his lawyer’s diploma revoked.
II. Facts of the Case
Telesforo Diao was admitted to the Bar after passing the 1953 exams.
Severino Martinez charged him with falsely representing his compliance with
the required pre-legal educational qualifications in applying for the
examinations. The Solicitor General found that he did not finish his high
school education and did not receive an AA degree from Quisumbing
University. He recommended that Atty. Diao’s name be removed from the
roll of attorneys.
Atty. Diao contended that in his service as in the US Army, he passed the
General Classification Test which is equivalent to a high school diploma, and
his service equivalent to the third and fourth years of high school, thus making
up for the fourth year he was unable to take. However, he was unable to
present proof of the validity of this claim of equivalence.
He also contended that he was wrongly certified as a Quisumbing graduate in
his school records due to confusion, and that he obtained his AA degree from
Legal Profession (2019)
DIGEST AUTHOR: Kara Nazairo
In Re: Telesforo Diao
Arellano University later on in 1949, but this would mean that he began his
law studies six months earlier than attainment of his degree.
III. Issue/s
1. W/N Atty. Diao should be disbarred? YES.
IV. Holding/s
1. YES, Atty. Diao should be disbarred.
The Rules of the Supreme Court state “That previous to the study of law,
he had successfully and satisfactorily completed the required pre-legal
education as prescribed by the Department of Private Education," in
order to apply for the Bar examinations. Since Atty. Diao had not
complied with the requisites prior to commencing the study of law, he
should not have been allowed to take the bar in the first place. That he
passed the examinations is of no moment.
Furthermore, a lawyer shall uphold the integrity and dignity of the legal
profession. By misrepresenting his academic qualifications, he has
violated the CPR and undermined the moral foundation of the legal
profession.
V. Law or Doctrine Applied
Passing the bar is not the only qualification to becoming an attorney.
Taking regularly the prescribed courses of legal study is equally
important.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
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PETITIONER: Severino Martinez
RESPONDENT: Telesforo Diao
 A.C. No. 244 | March 29, 1963 Uphold the Dignity and Integrity of the Legal Profession (Canon 7)
In Re: Teleforo Diao In Re: Telesforo Diao

Rule 7.01 - A lawyer shall be answerable for knowingly making a false

statement or suppressing a material fact in connection with his
application for admission to the bar.

Rule 7.01 specifically applies to this case.

VI. Disposition

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.

VII. Additional Notes

 AA – Associate in Arts (degree)

VII. Random Facts

 Ponente: Bengzon, J.

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Legal Profession (2019) PETITIONER: Severino Martinez
DIGEST AUTHOR: Kara Nazairo RESPONDENT: Telesforo Diao