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    Case Digest Removal From Office of Paraguas

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    Abeguel Sebandal
    Rosalie Paraguas was appointed as a municipal judge in 1973 but could not provide proof that she passed the bar exam or was a member of the Philippine Bar. She claimed to have taken the exam under a different name in 1956, but that person exists and passed the exam. Paraguas was removed from her position as judge since bar admission is required by the constitution. She forfeited all benefits and is not eligible for government positions due to presenting false qualifications.

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    Case Digest Removal From Office of Paraguas

    Uploaded by

    Abeguel Sebandal
    84 views2 pages
    Rosalie Paraguas was appointed as a municipal judge in 1973 but could not provide proof that she passed the bar exam or was a member of the Philippine Bar. She claimed to have taken the exam under a different name in 1956, but that person exists and passed the exam. Paraguas was removed from her position as judge since bar admission is required by the constitution. She forfeited all benefits and is not eligible for government positions due to presenting false qualifications.

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    2. Case Digest Removal From Office of Paraguas

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    Rosalie Paraguas was appointed as a municipal judge in 1973 but could not provide proof that she passed the bar exam or was a member of the Philippine Bar. She claimed to have taken the exam under a different name in 1956, but that person exists and passed the exam. Paraguas was removed from her position as judge since bar admission is required by the constitution. She forfeited all benefits and is not eligible for government positions due to presenting false qualifications.

    Copyright:

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

    Case Digest Removal From Office of Paraguas

    Uploaded by

    Abeguel Sebandal
    Rosalie Paraguas was appointed as a municipal judge in 1973 but could not provide proof that she passed the bar exam or was a member of the Philippine Bar. She claimed to have taken the exam under a different name in 1956, but that person exists and passed the exam. Paraguas was removed from her position as judge since bar admission is required by the constitution. She forfeited all benefits and is not eligible for government positions due to presenting false qualifications.

    Copyright:

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

    REMOVAL FROM OFFICE OF

    ROSALIE L. PARAGUAS
    GR No. UNAV, July 6, 1976
    FACTS:

    Rosalie Llorente Paraguas, 43 years of age, who was appointed on June


    16, 1973 Municipal Judge os Sablan, Benguet was not among those who
    were admitted for the Bar Examination, took the Bar Examination, failed in the
    Bar Examination or passed the Bar Examination, during the years 1946
    through 1975 (Whether under her maiden name of Rosalie Llorente or her
    married name of Rosalie Llorente Paraguas or any combination of the said
    names).
    The Acting Judicial Consultant upon instructions of the Chief Justice
    required her in writing this month to prove her qualifications as a member of
    the Philippine Bar and in a conference on June 10, 1976 she submitted an
    affidavit of June 9, 1976 (which she later tried to retrieve) asserting that she
    took the Bar Examination in 1956 under the name of ROSA C. BACULO
    (under which name she had been allegedly registered in school) which was
    also the name she used when she took her oath as a lawyer when she was
    admitted as a member of the Philippine Bar in 1957.
    However, that there exists a person by the name of ROSA C. BACULO of
    Borongan, Samar who passed the Bar Examination in 1956 and was admitted
    to the Philippine Bar in 1957 (after having failed when she first took the Bar
    Examination in 1955) and is presently employed in the Social Security
    System. When confronted with these facts, Rosalie Paraguas broke into tears
    and told the Acting Judicial Consultant that it was Rosa Baculo who advised
    her to use that name and to lay claim to her Bar record.

    ISSUE:

    Whether or not Rosalie Paraguas can still be appointed as a Judge.


    RULING:
    NO. She cannot still be appointed as a Jugde since admission as a
    member of the Philippine Bar is an essential requirement for appointment as a
    Judge under the Constitution and the law.
    The fact that Rosalie L. Paraguas, failed to submit any positive proof or
    documentation of her been duly admitted as a member of the Philippine Bar,
    and without such qualification, which is an essential requirement for
    appointment as a Judge under the Constitution and the law, she cannot be
    permitted to stay one day longer in the Office of Municipal Judge of Sablan,
    Benguet, particularly in the light of the certification dated June 28, 1976 of the
    Bar Division of this Court that she is not a member of the Philippine Bar.
    ACCORDINGLY, Rosalie L. Paraguas is ordered removed from the Office
    of Municipal Judge of Sablan, Benguet, effective immediately, with forfeiture
    of all benefits, and with prejudice to reinstatement in any branch of the
    government service, whether pertaining to the national or local government,
    including government owned and or controlled instrumentalities, agencies and
    corporations. Let certified copies of the pertinent records and papers be
    furnished the Secretary of Justice for the filing of such action or actions as
    may be warranted by the evidence and the facts.

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