Patrick A Caronan Vs Richard A Caronan - Case Digest
Patrick A Caronan Vs Richard A Caronan - Case Digest
Patrick A Caronan Vs Richard A Caronan - Case Digest
Dulatas 1D
In 1997, he moved to Nueva Vizcaya with his wife and three children and
never went back to school to earn a college degree. In 1999, he told Patrick that he
enrolled in a law school in Nueva Vizcaya. In 2004, their mother informed Patrick
that Richard passed the Bar Examinations and that he used his name and college
records from the University of Makati to enrolled at St. Mary's University's College
of Law. Patrick ignored what his brother did.
In May 2009, Patrick was informed that the National Bureau of Investigation
(NBI) was requesting his presence for an investigation against "Atty. Patrick A.
Caronan for qualified theft and estafa. He learned also that his brother was arrested
for gun-running activities, illegal possession of explosives, and violation of Batas
Pambansa Bilang (BP) 22. He developed a fear for his own safety and security
because he became the subject of talk in his office, which he was forced to resign
from his job. Hence, he filed a complaint against his brother to stop use of his name
and identity, and illegal practice of law. In his Answer, Richard denied all the
allegations against him and invoked res judicata as a defense. He maintained that his
identity can no longer be raised as an issue as it had already been resolved in an
earlier administrative case declared closed and terminated in A.C. No. 10074
Held: No. The Court finds no cogent reason to disturb the findings and
recommendations of the IBP. Since complainant -the real "Patrick A. Caronan" -
never took the Bar Examinations, the IBP correctly recommended that the name
"Patrick A. Caronan" be stricken off the Roll of Attorneys. Under Section 6, Rule
138 of the Rules of Court, no applicant for admission to the Bar Examination shall
be admitted unless he had pursued and satisfactorily completed a pre-law course.
Clearly, respondent has not completed the requisite pre-law degree. Respondent
also exhibited his dishonesty and utter lack of moral fitness to be a member of the
Bar when he assumed the name, identity, and school records of his own brother
and dragged the latter into controversies which eventually caused him to fear for his
safety and to resign from PSC where he had been working for years. “Good moral
character is essential in those who would be lawyers. This is imperative in the nature
of the office of a lawyer, the trust relation which exists between him and his client, as
well as between him and the court,” the court said.