22.docx - EN BANC B.M No 2540 IN RE PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A MEDADO Petitioner RESOLUTION SERENO C.J We resolve the instant

22.docx - EN BANC B.M No 2540 IN RE PETITION TO SIGN IN THE...

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EN BANC B.M. No. 2540, September 24, 2013 IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS MICHAEL A. MEDADO, Petitioner. R E S O L U T I O N SERENO, C.J. : We resolve the instant Petition to Sign in the Roll of Attorneys filed by petitioner Michael A. Medado (Medado). Medado graduated from the University of the Philippines with the degree of Bachelor of Laws in 1979 1 and passed the same year s bar examinations with a general weighted average of 82.7. 2 cralaw virtualaw library On 7 May 1980, he took the Attorney s Oath at the Philippine International Convention Center (PICC) together with the successful bar examinees. 3 He was scheduled to sign in the Roll of Attorneys on 13 May 1980, 4 but he failed to do so on his scheduled date, allegedly because he had misplaced the Notice to Sign the Roll of Attorneys 5 given by the Bar Office when he went home to his province for a vacation. 6 cralaw virtualaw library Several years later, while rummaging through his old college files, Medado found the Notice to Sign the Roll of Attorneys. It was then that he realized that he had not signed in the roll, and that what he had signed at the entrance of the PICC was probably just an attendance record. 7 cralaw virtualaw library By the time Medado found the notice, he was already working. He stated that he was mainly doing corporate and taxation work, and that he was not actively involved in litigation practice. Thus, he operated under the mistaken belief [that] since he ha[d] already taken the oath, the signing of the Roll of Attorneys was not as urgent, nor as crucial to his status as a lawyer; 8 and the matter of signing in the Roll of Attorneys lost its urgency and compulsion, and was subsequently forgotten. In 2005, when Medado attended Mandatory Continuing Legal Education (MCLE) seminars, he was required to provide his roll number in order for his MCLE compliances to be credited. 10 Not having signed in the Roll of Attorneys, he was unable to provide his roll number. About seven years later, or on 6 February 2012, Medado filed the instant Petition, praying that he be allowed to sign in the Roll of Attorneys. 11 The Office of the Bar Confidant (OBC) conducted a clarificatory conference on the matter on 21 September 2012 12 and submitted a Report and Recommendation to this Court on 4 February 2013. 13 The OBC recommended that the instant petition be denied for petitioner s gross negligence, gross misconduct and utter lack of merit. 14 It explained that, based on his answers during the clarificatory conference, petitioner could offer no valid justification for his negligence in signing in the Roll of Attorneys. 15 cralaw virtualaw library After a judicious review of the records, we grant Medado s prayer in the instant petition, subject to the payment of a fine and the imposition of a penalty equivalent to suspension from the practice of law.
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