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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Edgardo Morales, after passing the Bar, took his oath before a trial court judge. The Roll of Attorneys entry for Morales was prepared and signed by an office clerk of the Clerk of Court’s office, with a certification that Morales had personally signed. There is no record of Morales’s personal appearance to sign the Roll or to take the oath. Based on the controlling doctrine on signing in the Roll of Attorneys and the essential prerequisites for admission to practice law, is Morales admitted to the Bar? Choose the best answer and explain.

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Morales’s admission status would be treated as valid if the oath was honestly taken and the Clerk’s record of Morales’s signature is accepted; no additional action is required. Morales is not admitted to the Bar; personal signature and personal oath are essential prerequisites; a clerk signing the Roll on his behalf renders the admission void; the Roll entry must be cancelled and Morales must personally appear to sign the Roll and take the oath anew; the Clerk of Court and the signing clerk may face administrative sanctions, and the Supreme Court or bar authorities should order corrective action. The remedy is to annotate the Roll to reflect that Morales personally signed and to proceed with admission; no re-reading; this is inconsistent with the requirement of personal appearance. Substitution signing by a clerk is merely clerical and does not affect validity; no remedial steps needed because an oath was taken.

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