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IN THE MATTER OF THE DISQUALIFICATION OF BAR EXAMINEE HARON S. MELING IN

THE 2002 BAR EXAMINATIONS AND FOR DISCIPLINARY ACTION AS MEMBER OF

THE PHILIPPINE SHARIA BAR, ATTY. FROILAN R. MELENDREZ,petitioner,[B.M.No. 1154. June 8, 2004]

Facts:

Complainant Melendrez filed with the Office of the Bar Confidant (OBC) a Petition todisqualify Haron S. Meling (Meling) from taking the 2002 Bar Examinations and to impose onhim the appropriate disciplinary penalty as a member of the Philippine Sharia Bar. He allegesthat Meling did not disclose in his Petition to take the 2002 Bar Examinations that he has three(3) pending criminal cases both for Grave Oral Defamation and for Less Serious PhysicalInjuries. He also alleges that Meling has been using the title Attorney in his communications,as Secretary to the Mayor of Cotabato City, despite the fact that he is not a member of the Bar.

Meling explains that he did not disclose the criminal cases because retired JudgeCorocoy Moson, their former professor, advised him to settle misunderstanding. He claims thatbelieving in good faith that the case would be settled because the said Judge has moralascendancy over them, he considered the three cases that arose from a single incident asclosed and terminated.He denies the charges and added that the acts do not involve moralturpitude. Meling admits that some of his communications really contained the word Attorneyas they were typed by the office clerk.

The Office of Bar Confidant disposed of the charge of non-disclosure against Meling:Meling should have known that only the court of competent jurisdiction can dismiss cases, not aretired judge nor a law professor. In fact, the cases filed against Meling are still pending. Even ifthese cases were already dismissed, he is still required to disclose the same for the Court toascertain his good moral character.

Issue:

Whether or not Meling be disqualified in the examinations for the bar in relation to theviolation of CPR for non-disclosure of his pending criminal cases

Held:

Yes.

The disclosure requirement is imposed by the Court to determine whether there issatisfactory evidence of good moral character of the applicant. Melings concealment ofthe fact that there are three (3) pending criminal cases against him speaks of his lack ofthe requisite good moral character.

The Petition is granted insofar as it seeks the imposition of appropriate sanctions uponHaron S. Meling as a member of the Philippine Sharia Bar.Accordingly, themembership of Haron S. Meling in the Philippine Sharia Bar is herebySUSPENDEDuntil further orders from the Court. Insofar as the Petition seeks to preventHaron S. Meling from taking the Lawyers Oath and signing the Roll of Attorneys as a memberof the Philippine Bar, the same is DISMISSEDfor having become moot and academic.