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Tan vs. Sabandal, BM No. 44
Tan vs. Sabandal, BM No. 44
B.M. No. 44, SBC No. 609, SBC No. 616 February 24, 1992
FACTS:
The Court sustained the charge of unauthorized practice of law filed against respondent Sabandal
and accordingly denied the latter's petition to be allowed to take the oath as member of the
Philippine Bar and to sign the Roll of Attorneys.
Sabandal filed Motions for Reconsideration of the aforesaid Resolution, all of which were either
denied or "Noted without action." The Court, however, after considering his plea for mercy and
forgiveness, his willingness to reform and testimonial from IBP Zamboanga del Norte Chapter
attesting to his good moral character, reconsidered its earlier Resolution and finally allowed him
to take the lawyer's oath.
However, before a date could be set for Sabandal's oath-taking, complainants Tan, Dagpin and
Boquia each filed separate motions for reconsideration.
Complainant Tan maintains that said IBP testimonial was signed only by the then President of the
IBP, Zamboanga del Norte Chapter, Atty. Senen O. Angeles, without authorization from the Board of
Officers of said Chapter and that Atty. Angeles was respondent's own counsel.
Under the circumstances, the Court has deemed it best to require the present Board of Officers of
the IBP, Zamboanga del Norte Chapter and the Executive Judge of the Regional Trial Court of
Zamboanga del Norte to manifest whether or not they are willing to give a testimonial certifying to
respondent's good moral character as to entitle him to take the lawyer's oath, and if not, the reason
therefor.
Executive Judge of the Regional Trial Court of Zamboanga del Norte, filed his Comment that he is
not aware of any acts that would disqualify respondent from admission to the bar but mentioned that
there is a pending case in Court which involves respondent. Per complaint filed by the Office of the
Solicitor General, the respondent is alleged to have secured a free patent and later a certificate of
title to a parcel of land which, upon investigation, turned out to be a swampland and not susceptible
of acquisition under a free patent.
A copy of the "Judgment," which involves the respondent, according to him, was already
considered closed and terminated and reveals that an amicable settlement between the principal
parties.
The IBP Zamboanga del Norte Chapter also submitted a Certification that respondent has not been
convicted of any crime, nor is there any pending derogatory criminal case against him. The Board
does not find any acts committed by the petitioner to disqualify him from admission to the Philippine
Bar.
ISSUE:
Whether respondent can take his oath and sign the roll of attorneys and be admitted to Philippine
Bar.
HELD:
No. It should be recalled that Sabandal worked as Land Investigator at the Bureau of Lands. Said
employment facilitated his procurement of the free patent title over property which he could not but
have known was public land. This was manipulative on his part and does not speak well of his
moral character. It is a manifestation of gross dishonesty while in the public service, which cannot
be erased by the termination of the case filed by the Republic against him where no determination of
his guilt or innocence was made because the suit had been compromised.
There are testimonials attesting to his good moral character, yes. But these were confined to lack of
knowledge of the pendency of any criminal case against him and were obviously made without
awareness of the facts and circumstances surrounding the case instituted by the Government
against him. Those testimonials cannot, therefore, outweigh nor smother his acts of dishonesty and
lack of good moral character.
Although the term "good moral character" admits of broad dimensions, it has been defined as
"including at least common honesty."