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    Atty - Marcial Edillon-Case Digest

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    rejine mondragon
    On August 3, 1978, attorney Marcial A. Edillon was barred from practicing law for stubbornly refusing to pay his membership dues. He filed motions for reconsideration claiming his competence as a lawyer had not diminished. While the court initially found his recalcitrance justified his disbarment, it later determined that discipline should be preservative rather than vindictive, and that enough time had passed showing Edillon's determination and hint of contrition. Therefore, the court restored Edillon's membership to the bar in its October 23, 1980 resolution.

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    Atty - Marcial Edillon-Case Digest

    Uploaded by

    rejine mondragon
    15 views2 pages
    On August 3, 1978, attorney Marcial A. Edillon was barred from practicing law for stubbornly refusing to pay his membership dues. He filed motions for reconsideration claiming his competence as a lawyer had not diminished. While the court initially found his recalcitrance justified his disbarment, it later determined that discipline should be preservative rather than vindictive, and that enough time had passed showing Edillon's determination and hint of contrition. Therefore, the court restored Edillon's membership to the bar in its October 23, 1980 resolution.

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    Atty.Marcial Edillon-Case Digest

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    On August 3, 1978, attorney Marcial A. Edillon was barred from practicing law for stubbornly refusing to pay his membership dues. He filed motions for reconsideration claiming his competence as a lawyer had not diminished. While the court initially found his recalcitrance justified his disbarment, it later determined that discipline should be preservative rather than vindictive, and that enough time had passed showing Edillon's determination and hint of contrition. Therefore, the court restored Edillon's membership to the bar in its October 23, 1980 resolution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    15 views2 pages

    Atty - Marcial Edillon-Case Digest

    Uploaded by

    rejine mondragon
    On August 3, 1978, attorney Marcial A. Edillon was barred from practicing law for stubbornly refusing to pay his membership dues. He filed motions for reconsideration claiming his competence as a lawyer had not diminished. While the court initially found his recalcitrance justified his disbarment, it later determined that discipline should be preservative rather than vindictive, and that enough time had passed showing Edillon's determination and hint of contrition. Therefore, the court restored Edillon's membership to the bar in its October 23, 1980 resolution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    A.C.

    1928
    December 19, 1980
    IN THE MATTER OF THE IBP MEMBERSHIP DUES DELINQUENCY
    OF ATTY. MARCIAL A. EDILLION (IBP ADMINISTRATIVE CASE
    NO. MDD-1), PETITIONER,
    FERNANDO, C.J.:
    FACTS: On August 3, 1978, the respondent, Atty. Marcial A. Edillon, was barred from the Bar
    for
    his stubborn refusal to pay his membership dues (which he insisted through a comment to
    the court)
    by the court's unanimous adoption of IBP's resolution recommending the former's
    disbarment and
    removal of name to the roll of attorneys. The respondent filed motions of
    reconsideration but it
    always seemed as though "his recalcitrance arose from and sheer obstinacy" causing his
    disbarment
    be more justified. His tone and attitude, however may have changed later on.
    Moreover, he
    supported this with the claims that his integrity, knowledge and competence as a
    lawyer never
    diminished since then as per his clients whom "still relied to him for counsel".
    ISSUE: W/N Atty. Edillon must be barred from the Bar and be removed from the roll of
    attorneys
    for his stubborn refusal of paying his membership dues thereof.
    RULING: This Court, in the light of the above, felt that reinstatement could be ordered
    and so it
    did in the resolution of October 23, 1980
    HELD: Claiming that "the power to discipline, especially if amounting to disbarment,
    should be exercised on the preservative and not on the vindictive principle." And in line
    with the
    time passed and his determination to prove his competence and that there is a hint of
    contrition, The
    court restored Atty. Edillon's membership to the bar.
    A.C. 1928
    December 19, 1980
    IN THE MATTER OF THE IBP MEMBERSHIP DUES DELINQUENCY
    OF ATTY. MARCIAL A. EDILLION (IBP ADMINISTRATIVE CASE
    NO. MDD-1), PETITIONER,
    FERNANDO, C.J.:
    FACTS: On August 3, 1978, the respondent, Atty. Marcial A. Edillon, was barred from the Bar
    for
    his stubborn refusal to pay his membership dues (which he insisted through a comment to
    the court)
    by the court's unanimous adoption of IBP's resolution recommending the former's
    disbarment and
    removal of name to the roll of attorneys. The respondent filed motions of
    reconsideration but it
    always seemed as though "his recalcitrance arose from and sheer obstinacy" causing his
    disbarment
    be more justified. His tone and attitude, however may have changed later on.
    Moreover, he
    supported this with the claims that his integrity, knowledge and competence as a
    lawyer never
    diminished since then as per his clients whom "still relied to him for counsel".
    ISSUE: W/N Atty. Edillon must be barred from the Bar and be removed from the roll of
    attorneys
    for his stubborn refusal of paying his membership dues thereof.
    RULING: This Court, in the light of the above, felt that reinstatement could be ordered
    and so it
    did in the resolution of October 23, 1980
    HELD: Claiming that "the power to discipline, especially if amounting to disbarment,
    should be exercised on the preservative and not on the vindictive principle." And in line
    with the
    time passed and his determination to prove his competence and that there is a hint of
    contrition, The
    court restored Atty. Edillon's membership to the bar.
    A.C. 1928 December 19, 1980
    IN THE MATTER OF THE IBP MEMBERSHIP DUES DELINQUENCY OF ATTY. MARCIAL
    A. EDILLION
    (IBP ADMINISTRATIVE CASE NO. MDD-1),
    PETITIONER, FERNANDO, C.J.:

    FACTS: On August 3, 1978, the respondent, Atty. Marcial A. Edillon, was barred from the Bar
    for his stubborn refusal to pay his membership dues (which he insisted through a comment
    to the court) by the court's unanimous adoption of IBP's resolution recommending the
    former's disbarment and removal of name to the roll of attorneys.

    The respondent filed motions of reconsideration but it always seemed as though "his
    recalcitrance arose from and sheer obstinacy" causing his disbarment be more justified. His
    tone and attitude, however may have changed later on. Moreover, he supported this with
    the claims that his integrity, knowledge and competence as a lawyer never
    diminished since then as per his clients whom "still relied to him for counsel".

    ISSUE: W/N Atty. Edillon must be barred from the Bar and be removed from the roll of
    attorneys for his stubborn refusal of paying his membership dues thereof. RULING: This
    Court, in the light of the above, felt that reinstatement could be ordered and so it did in the
    resolution of October 23, 1980

    HELD: Claiming that "the power to discipline, especially if amounting to disbarment,


    should be exercised on the preservative and not on the vindictive principle." And in line
    with the time passed and his determination to prove his competence and that there is a hint
    of contrition, The court restored Atty. Edillon's membership to the bar.

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