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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
January-2000 Jurisprudence                 

  • G.R. No. 123951 January 10, 2000 - ROMEO RANOLA, ET AL. v. COURT OF APPEALS, ET AL.

  • A.M. No. P-00-1360 January 18, 2000 - ELISEO SOREÑO v. RHODERICK MAXINO, ET AL.

  • G.R. No. 114683 January 18, 2000 - JESUS C. OCAMPO v. OFFICE OF THE OMBUDSMAN, ET AL.

  • G.R. Nos. 118441-42 January 18, 2000 - ARMANDO JOSE, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119594 January 18, 2000 - PEOPLE OF THE PHIL. v. BENZON ONG

  • G.R. No. 125994 January 18, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN ANDALES

  • G.R. No. 127135 January 18, 2000 - EASTERN ASSURANCE AND SURETY CORP. (EASCO) v. COURT OF APPEALS, ET AL.

  • G.R. No. 129846 January 18, 2000 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 130944 January 18, 2000 - PEOPLE OF THE PHIL. v. VICENTE ALIB, ET AL.

  • G.R. No. 131675 January 18, 2000 - PEDRO C. LAMEYRA v. GEORGE S. PANGILINAN

  • G.R. No. 132378 January 18, 2000 - ROGELIO JUAN v. PEOPLE OF THE PHIL.

  • G.R. No. 132767 January 18, 2000 - PHIL. VETERANS BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 134854 January 18, 2000 - FELIZARDO S. OBANDO, ET AL. v. EDUARDO F. FIGUERAS, ET AL.

  • G.R. No. 139465 January 18, 2000 - SECRETARY OF JUSTICE v. RALPH C. LANTION, ET AL.

  • A.M. No. MTJ-00-1245 January 19, 2000 - ANTONIO YU-ASENSI v. FRANCISCO D. VILLANUEVA

  • A.M. No. MTJ-97-1129 January 19, 2000 - FLAVIANO B. CORTES v. FELINO BANGALAN

  • A.M. No. RTJ-99-1513 January 19, 2000 - ALFREDO B. ENOJAS v. EUSTAQUIO Z. GACOTT

  • G.R. No. 107320 January 19, 2000 - A’ PRIME SECURITY SERVICES v. NLRC, ET AL.

  • G.R. Nos. 113666-68 January 19, 2000 - GOLDEN DONUTS, INC. v. NLRC, ET AL.

  • G.R. No. 114761 January 19, 2000 - ALEMAR’S SIBAL & SONS v. NLRC, ET AL.

  • G.R. No. 119217 January 19, 2000 - PEOPLE OF THE PHIL. v. MIGUEL S. LUCBAN

  • G.R. No. 122104 January 19, 2000 - PEOPLE OF THE PHIL. v. PEPITO ORBITA, ET AL.

  • G.R. Nos. 122297-98 January 19, 2000 - CRESCENTE Y. LLORENTE v. SANDIGANBAYAN, ET AL.

  • G.R. No. 122739 January 19, 2000 - PEOPLE OF THE PHIL. v. JOSE M. PANTORILLA, ET AL.

  • G.R. No. 123655 January 19, 2000 - ANGEL BAUTISTA v. COURT OF APPEALS, ET AL.

  • G.R. No. 123183 January 19, 2000 - PEOPLE OF THE PHIL. v. RUBEN SISON

  • G.R. No. 126516 January 19, 2000 - PEOPLE OF THE PHIL. v. SHIRLEY ALAO

  • G.R. No. 127572 January 19, 2000 - PEOPLE OF THE PHIL. v. SALVADOR VILLAR

  • G.R. No. 129072 January 19, 2000 - PEOPLE OF THE PHIL. v. ANTONIO ABUBU

  • G.R. No. 130957 January 19, 2000 - VH MANUFACTURING v. NLRC, ET AL.

  • G.R. No. 132152 January 19, 2000 - PEOPLE OF THE PHIL. v. EUGENIO ADRALES, ET AL.

  • G.R. No. 132248 January 19, 2000 - ERLINDA C. PEFIANCO v. MARIA LUISA C. MORAL

  • G.R. No. 132657 January 19, 2000 - WILLIAM DIU, ET AL. v. DOMINADOR IBAJAN, ET AL.

  • G.R. Nos. 132779-82 January 19, 2000 - PEOPLE OF THE PHIL. v. DONATO BERNALDEZ

  • G.R. No. 134003 January 19, 2000 - PEOPLE OF THE PHIL. v. ALBERT NAGUM

  • G.R. No. 134329 January 19, 2000 - VERONA PADA-KILARIO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 134535 January 19, 2000 - PEOPLE OF THE PHIL. v. ALEJANDRO MAGNO, ET AL.

  • G.R. No. 137560 January 19, 2000 - MARIA G. CRUZ, ET AL. v. COURT OF APPEALS, ET AL.

  • A.C. No. 4749 January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

  • Adm. Matter No. MTJ-00-1241 January 20, 2000 - NAPOLEON S. VALENZUELA v. REYNALDO B. BELLOSILLO

  • A.M. No. MTJ-00-1242 January 20, 2000 - DANIEL DUMO, ET AL. v. ROMEO V. PEREZ

  • A.M. No. RTJ-00-1522 January 20, 2000 - ROMULO SJ TOLENTINO v. POLICARPIO S. CAMANO

  • G.R. No. 76371 January 20, 2000 - MARIANO TURQUESA, ET AL. v. ROSARIO VALERA, ET AL.

  • G.R. No. 87134 January 20, 2000 - PHIL. REGISTERED ELECTRICAL PRACTITIONERS, ET AL. v. JULIO FRANCA, ET AL.

  • G.R. Nos. 100718-19 January 20, 2000 - PEOPLE OF THE PHIL. v. FREDDIE JUAN, ET AL.

  • G.R. No. 106282 January 20, 2000 - PEOPLE OF THE PHIL. v. QUINCIANO RENDOQUE, ET AL.

  • G.R. No. 108067 January 20, 2000 - CYANAMID PHIL., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 109376 January 20, 2000 - PANFILO O. DOMINGO v. SANDIGANBAYAN, ET AL.

  • G.R. No. 110807 January 20, 2000 - PEOPLE OF THE PHIL. v. REYNALD T. NARVASA

  • G.R. No. 110929 January 20, 2000 - ABELARDO LOPEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119652 & A.M. No. P-00-1358 January 20, 2000 - VENTURA O. DUCAT v. COURT OF APPEALS, ET AL.

  • G.R. No. 123860 January 20, 2000 - PEOPLE OF THE PHIL. v. EDWIN NAAG, ET AL.

  • G.R. No. 125451 January 20, 2000 - MARCIANA MUÑOZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 126151 January 20, 2000 - MANILA INTERNATIONAL AIRPORT AUTHORITY, ET AL. v. SERGIO D. MABUNAY, ET AL.

  • G.R. No. 128887 January 20, 2000 - PEOPLE OF THE PHILS. v. EDGARDO AQUINO

  • G.R. No. 130713 January 20, 2000 - PEOPLE OF THE PHIL. v. GABRIEL FLORES

  • G.R. No. 130986 January 20, 2000 - PEOPLE OF THE PHIL. v. VICTOR PAILANCO

  • G.R. No. 131512 January 20, 2000 - LAND TRANSPORTATION OFFICE [LTO] v. CITY OF BUTUAN

  • G.R. No. 132368 January 20, 2000 - PEOPLE OF THE PHIL. v. PACITO GARCES, JR.

  • G.R. No. 133775 January 20, 2000 - FIDEL DABUCO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 131894-98 January 20, 2000 - PEOPLE OF THE PHILS. v. JESUS DOCENA

  • G.R. No. 134167 January 20, 2000 - NASSER IMMAM v. COMELEC, ET AL.

  • G.R. No. 125965 January 21, 2000 - PEOPLE OF THE PHIL. v. PATRICIO GOZANO

  • G.R. No. 133477 January 21, 2000 - PEOPLE OF THE PHIL. v. BENJAMIN RAFALES

  • G.R. No. 135904 January 21, 2000 - PEOPLE OF THE PHIL. v. ALVIN TAN

  • G.R. Nos. 89591-96 January 24, 2000 - PEOPLE OF THE PHIL. v. BONIFACIO SANZ MACEDA

  • G.R. No. 100518 January 24, 2000 - ASSOCIATION OF TRADE UNIONS (ATU), ET AL. v. OSCAR N. ABELLA, ET AL.

  • G.R. No. 101932 January 24, 2000 - FRANCISCO H. ESCAÑO, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 111285 January 24, 2000 - PEOPLE OF THE PHIL. v. VICENTE VALLA

  • G.R. No. 116066 January 24, 2000 - NUEVA ECIJA I ELECTRIC COOPERATIVE, ET AL. v. NLRC, ET AL.

  • G.R. No. 124715 January 24, 2000 - RUFINA LUY LIM v. COURT OF APPEALS, ET AL.

  • G.R. No. 125031 January 24, 2000 - PERMEX INC., ET AL. v. NLRC, ET AL.

  • G.R. No. 129693 January 24, 2000 - PEOPLE OF THE PHIL. v. RUDY CORTES

  • A.M. No. RTJ-00-1525 January 25, 2000 - MARTIN D. PANTALEON v. TEOFILO L. GUADIZ, JR.

  • G.R. No. 80129 January 25, 2000 - GERARDO RUPA, SR. v. COURT OF APPEALS, ET AL

  • G.R. No. 102706 January 25, 2000 - PEOPLE OF THE PHIL. v. LEON LUMILAN, ET AL.

  • G.R. No. 107427 January 25, 2000 - JAMES R. BRACEWELL v. COURT OF APPEALS, ET AL.

  • G.R. No. 113518 January 25, 2000 - PEOPLE OF THE PHIL. v. ESTEBAN ARLEE

  • G.R. No. 113684 January 25, 2000 - PEOPLE OF THE PHIL. v. ARMANDO GALLARDO, ET AL.

  • G.R. No. 116332 January 25, 2000 - BAYNE ADJUSTERS AND SURVEYORS v. COURT OF APPEALS, ET AL.

  • G.R. No. 119595 January 25, 2000 - PEOPLE OF THE PHIL. v. JOVITO BARONA, ET AL.

  • G.R. No. 120267 January 25, 2000 - CLARA ESPIRITU BORLONGAN, ET AL. v. CONSUELO MADRIDEO, ET AL.

  • G.R. No. 121439 January 25, 2000 - AKLAN ELECTRIC COOPERATIVE INCORPORATED (AKELCO) v. NLRC, ET AL.

  • G.R. No. 129246 January 25, 2000 - GREENFIELD REALTY CORP., ET AL. v. LORETO CARDAMA, ET AL.

  • G.R. Nos. 131633-34 January 25, 2000 - PEOPLE OF THE PHIL. v. CRESENCIANO ENOLVA

  • G.R. No. 133132 January 25, 2000 - ALEXIS C. CANONIZADO, ET AL. v. ALEXANDER P. AGUIRRE, ET AL.

  • G.R. No. 135874 January 25, 2000 - SECURITY BANK CORPORATION v. COURT OF APPEALS, ET AL.

  • A.M. No. 99-12-192-MTC January 26, 2000 - HOLD DEPARTURE ORDER ISSUED BY ACTING JUDGE ANICETO L. MADRONIO

  • A.M. No. RTJ-00-1524 January 26, 2000 - LUCIA F. LAYOLA v. BASILIO R. GABO, JR.

  • G.R. No. 107395 January 26, 2000 - TOURIST DUTY FREE SHOPS v. SANDIGANBAYAN, ET AL.

  • G.R. No. 126115 January 26, 2000 - PEOPLE OF THE PHIL. v. ALFONSO BALGOS

  • G.R. No. 131374 January 26, 2000 - ABBOTT LABORATORIES PHIL. v. ABBOTT LABORATORIES EMPLOYEES UNION, ET AL.

  • G.R. No. 133842 January 26, 2000 - FEDERICO S. SANDOVAL v. COMELEC, ET AL.

  • G.R. No. 133969 January 26, 2000 - NEMESIO GARCIA v. NICOLAS JOMOUAD, ET AL.

  • G.R. Nos. 102961-62, 107625 & 108759 January 27, 2000 - JESUS P. LIAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 117040 January 27, 2000 - RUBEN SERRANO v. NLRC, ET AL.

  • G.R. No. 130843 January 27, 2000 - PEOPLE OF THE PHIL. v. ZOILO BORROMEO

  • Adm. Case No. 1474 January 28, 2000 - CRISTINO G. CALUB v. ABRAHAM SULLER

  • A.M. No. MTJ-00-1246 January 28, 2000 - HEIRS OF JUAN and NATIVIDAD GERMINANDA v. RICARDO SALVANERA

  • A.M. No. MTJ-99-1211 January 28, 2000 - ZENAIDA S. BESO v. JUAN DAGUMAN

  • A.M. No. P-93-985 January 28, 2000 - MARTA BUCATCAT v. EDGAR BUCATCAT, ET AL.

  • G.R. No. 112177 January 28, 2000 - PEOPLE OF THE PHIL. v. TITO ZUELA, ET AL.

  • G.R. No. 112329 January 28, 2000 - VIRGINIA A. PEREZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 115824 January 28, 2000 - RAFAEL M. ALUNAN III, ET AL. v. MAXIMIANO C. ASUNCION, ET AL.

  • G.R. No. 125279 January 28, 2000 - PEOPLE OF THE PHIL. v. JESUS TANAIL

  • G.R. No. 124129 January 28, 2000 - PEOPLE OF THE PHIL. v. DOMINGO BRIGILDO

  • G.R. Nos. 124384-86 January 28, 2000 - PEOPLE OF THE PHIL. v. ROMENCIANO "OMENG" RICAFRANCA, ET AL.

  • G.R. No. 125671 January 28, 2000 - CONDO SUITE CLUB TRAVEL v. NLRC, ET AL.

  • G.R. No. 125865 January 28, 2000 - JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHIL.

  • G.R. No. 126802 January 28, 2000 - ROBERTO G. ALARCON v. COURT OF APPEALS, ET AL.

  • G.R. No. 127568 January 28, 2000 - PEOPLE OF THE PHIL. v. ROLANDO BACULE

  • G.R. Nos. 129756-58 January 28, 2000 - PEOPLE OF THE PHIL. v. JULIAN DEEN ESCAÑO, ET AL.

  • G.R. No. 131520 January 28, 2000 - ESTELITA AGUIRRE v. COURT OF APPEALS, ET AL.

  • G.R. No. 131778 January 28, 2000 - HERMAN TIU LAUREL v. PRESIDING JUDGE, ET AL.

  • G.R. No. 132138 January 28, 2000 - PEOPLE OF THE PHILS. v. ROMEO LLAMO

  • G.R. No. 133486 January 28, 2000 - ABS-CBN BROADCASTING CORP. v. COMELEC

  • G.R. No. 133987 January 28, 2000 - PEOPLE OF THE PHIL. v. JOHNNY BARTOLOME

  • G.R. No. 136805 January 28, 2000 - DIESEL CONSTRUCTION COMPANY INC. v. JOLLIBEE FOODS CORP.

  • G.R. No. 137537 January 28, 2000 - SMI DEVT. CORP. v. REPUBLIC OF THE PHIL.

  • G.R. No. 137718 January 28, 2000 - REYNALDO O. MALONZO, ET AL. v. RONALDO B. ZAMORA, ET AL.

  • G.R. No. 139545 January 28, 2000 - MAIMONA H. N. M. S. DIANGKA v. COMELEC, ET AL.

  • A.M. No. MTJ-99-1226 January 31, 2000 - GLORIA LUCAS v. AMELIA A. FABROS

  • G.R. Nos. 88521-22 & 89366-67 January 31, 2000 - HEIRS OF EULALIO RAGUA v. COURT OF APPEALS, ET AL.

  • G.R. No. 105827 January 31, 2000 - J.L. BERNARDO CONSTRUCTION v. COURT OF APPEALS, ET AL.

  • G.R. No. 112139 January 31, 2000 - LAPANDAY AGRICULTURAL DEVT. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115045 January 31, 2000 - UNIVERSITY PHYSICIANS SERVICES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116729 January 31, 2000 - PEOPLE OF THE PHIL. v. MARLON LERIO

  • G.R. No. 120706 January 31, 2000 - RODRIGO CONCEPCION v. COURT OF APPEALS, ET AL.

  • G.R. No. 123094 January 31, 2000 - PEOPLE OF THE PHIL. v. LUISITO PAGLINAWAN

  • G.R. No. 125440 January 31, 2000 - GENERAL BANK AND TRUST CO., ET AL. v. OMBUDSMAN, ET AL.

  • G.R. No. 127797 January 31, 2000 - ALEJANDRO MILLENA v. COURT OF APPEALS, ET AL.

  • G.R. No. 128536 January 31, 2000 - ROQUE G. GALANG v. COURT OF APPEALS, ET AL.

  • G.R. No. 128607 January 31, 2000 - ALFREDO MALLARI SR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 129071 January 31, 2000 - PEOPLE OF THE PHIL. v. ROBERTO MILLIAM, ET AL.

  • G.R. Nos. 129505 & 133359 January 31, 2000 - OCTAVIO S. MALOLES II v. PACITA DE LOS REYES PHILLIPS

  • G.R. No. 130104 January 31, 2000 - ELIZABETH SUBLAY v. NLRC, ET AL.

  • G.R. No. 130666 January 31, 2000 - PEOPLE OF THE PHIL. v. CASIMIRO JOSE

  • G.R. No. 134437 January 31, 2000 - NATIONAL STEEL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 139758 January 31, 2000 - LUCIEN TRAN VAN NGHIA v. RUFUS B. RODRIGUEZ, ET AL.

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    A.C. No. 4749   January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS

     
    PHILIPPINE SUPREME COURT DECISIONS

    SECOND DIVISION

    [A.C. No. 4749. January 20, 2000.]

    SOLIMAN M. SANTOS, JR., Complainant, v. ATTY. FRANCISCO R. LLAMAS, Respondent.

    D E C I S I O N


    MENDOZA, J.:


    This is a complaint for misrepresentation and non-payment of bar membership dues filed against respondent Atty. Francisco R. Llamas.

    In a letter-complaint to this Court dated February 8, 1997, complainant Soliman M. Santos, Jr., himself a member of the bar, alleged that:chanrob1es virtual 1aw library

    On my oath as an attorney, I wish to bring to your attention and appropriate sanction the matter of Atty. Francisco R. Llamas who, for a number of years now, has not indicated the proper PTR and IBP O.R. Nos. and data (date & place of issuance) in his pleadings. If at all, he only indicates "IBP Rizal 259060" but he has been using this for at least three years already, as shown by the following attached sample pleadings in various courts in 1995, 1996 and 1997: (originals available)

    Annex A - "Ex-Parte Manifestation and Submission" dated December 1, 1995 in Civil Case No. Q-95-25253, RTC, Br. 224, QC

    Annex B - "Urgent Ex-Parte Manifestation Motion" dated November 13, 1996 in Sp. Proc. No. 95-030, RTC Br. 259 (not 257), Parañaque, MM

    Annex C - "An Urgent and Respectful Plea for extension of Time to File Required Comment and Opposition" dated January 17, 1997 in CA-G.R. SP (not Civil Case) No. 42286, CA 6th Div.

    This matter is being brought in the context of Rule 138, Section 1 which qualifies that only a duly admitted member of the bar "who is in good and regular standing, is entitled to practice law." There is also Rule 139-A, Section 10 which provides that "default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys."cralaw virtua1aw library

    Among others, I seek clarification (e.g. a certification) and appropriate action on the bar standing of Atty. Francisco R. Llamas both with the Bar Confidant and with the IBP, especially its Rizal Chapter of which Atty. Llamas purports to be a member.

    Please note that while Atty. Llamas indicates "IBP Rizal 259060" sometimes, he does not indicate any PTR for payment of professional tax.

    Under the Rules, particularly Rule 138, Sections 27 and 28, suspension of an attorney may be done not only by the Supreme Court but also by the Court of Appeals or a Regional Trial Court (thus, we are also copy furnishing some of these courts).chanrobles virtual lawlibrary

    Finally, it is relevant to note the track record of Atty. Francisco R. Llamas, as shown by:chanrob1es virtual 1aw library

    1. his dismissal as Pasay City Judge per Supreme Court Admin. Matter No. 1037-CJ En Banc Decision on October 28, 1981 (in SCRA)

    2. his conviction for estafa per Decision dated June 30, 1994 in Crim. Case No. 11787, RTC Br. 66, Makati, MM (see attached copy of the Order dated February 14, 1995 denying the motion for reconsideration of the conviction which is purportedly on appeal in the Court of Appeals).

    Attached to the letter-complaint were the pleadings dated December 1, 1995, November 13, 1996, and January 17, 1997 referred to by complainant, bearing, at the end thereof, what appears to be respondent’s signature above his name, address and the receipt number "IBP Rizal 259060." 1 Also attached was a copy of the order, 2 dated February 14, 1995, issued by Judge Eriberto U. Rosario, Jr. of the Regional Trial Court, Branch 66, Makati, denying respondent’s motion for reconsideration of his conviction, in Criminal Case No. 11787, for violation of Art. 316, par. 2 of the Revised Penal Code.

    On April 18, 1997, complainant filed a certification 3 dated March 18, 1997, by the then president of the Integrated Bar of the Philippines, Atty. Ida R. Macalinao-Javier, that respondent’s "last payment of his IBP dues was in 1991. Since then he has not paid or remitted any amount to cover his membership fees up to the present."cralaw virtua1aw library

    On July 7, 1997, respondent was required to comment on the complaint within ten days from receipt of notice, after which the case was referred to the IBP for investigation, report and recommendation. In his comment-memorandum, 4 dated June 3, 1998, respondent alleged: 5

    3. That with respect to the complainant’s absurd claim that for using in 1995, 1996 and 1997 the same O.R. No. 259060 of the Rizal IBP, respondent is automatically no longer a member in good standing.

    Precisely, as cited under the context of Rule 138, only an admitted member of the bar who is in good standing is entitled to practice law.

    The complainant’s basis in claiming that the undersigned was no longer in good standing, were as above cited, the October 28, 1981 Supreme Court decision of dismissal and the February 14, 1995 conviction for Violation of Article 316 RPC, concealment of encumbrances.

    As above pointed out also, the Supreme Court dismissal decision was set aside and reversed and respondent was even promoted from City Judge of Pasay City to Regional Trial Court Judge of Makati, Br. 150.

    Also as pointed out, the February 14, 1995 decision in Crim. Case No. 11787 was appealed to the Court of Appeals and is still pending.

    Complainant need not even file this complaint if indeed the decision of dismissal as a Judge was never set aside and reversed, and also had the decision of conviction for a light felony, been affirmed by the Court of Appeals. Undersigned himself would surrender his right or privilege to practice law.

    4. That complainant capitalizes on the fact that respondent had been delinquent in his dues.

    Undersigned since 1992 have publicly made it clear per his Income Tax Return, up to the present, that he had only a limited practice of law. In fact, in his Income Tax Return, his principal occupation is a farmer of which he is. His 30 hectares orchard and pineapple farm is located at Calauan, Laguna.

    Moreover, and more than anything else, respondent being a Senior Citizen since 1992, is legally exempt under Section 4 of Rep. Act 7432 which took effect in 1992, in the payment of taxes, income taxes as an example. Being thus exempt, he honestly believe in view of his detachment from a total practice of law, but only in a limited practice, the subsequent payment by him of dues with the Integrated Bar is covered by such exemption. In fact, he never exercised his rights as an IBP member to vote and be voted upon.

    Nonetheless, if despite such honest belief of being covered by the exemption and if only to show that he never in any manner wilfully and deliberately failed and refused compliance with such dues, he is willing at any time to fulfill and pay all past dues even with interests, charges and surcharges and penalties. He is ready to tender such fulfillment or payment, not for allegedly saving his skin as again irrelevantly and frustratingly insinuated for vindictive purposes by the complainant, but as an honest act of accepting reality if indeed it is reality for him to pay such dues despite his candor and honest belief in all good faith, to the contrary.chanrobles virtuallawlibrary:red

    On December 4, 1998, the IBP Board of Governors passed a resolution 6 adopting and approving the report and recommendation of the Investigating Commissioner which found respondent guilty, and recommended his suspension from the practice of law for three months and until he pays his IBP dues. Respondent moved for a reconsideration of the decision, but this was denied by the IBP in a resolution, 7 dated April 22, 1999. Hence, pursuant to Rule 139-B, 12(b) of the Rules of Court, this case is here for final action on the decision of the IBP ordering respondent’s suspension for three months.

    The findings of IBP Commissioner Alfredo Sanz are as follows:chanrob1es virtual 1aw library

    On the first issue, Complainant has shown "respondent’s non-indication of the proper IBP O.R. and PTR numbers in his pleadings (Annexes "A", "B" and "C" of the letter complaint, more particularly his use of "IBP Rizal 259060 for at least three years."cralaw virtua1aw library

    The records also show a "Certification dated March 24, 1997 from IBP Rizal Chapter President Ida R. Makahinud Javier that respondent’s last payment of his IBP dues was in 1991."cralaw virtua1aw library

    While these allegations are neither denied nor categorically admitted by respondent, he has invoked and cited that "being a Senior Citizen since 1992, he is legally exempt under Section 4 of Republic Act No. 7432 which took effect in 1992 in the payment of taxes, income taxes as an example."cralaw virtua1aw library

    x       x       x


    The above cited provision of law is not applicable in the present case. In fact, respondent admitted that he is still in the practice of law when he alleged that the "undersigned since 1992 have publicly made it clear per his Income tax Return up to the present time that he had only a limited practice of law." (par. 4 of Respondent’s Memorandum).

    Therefore respondent is not exempt from paying his yearly dues to the Integrated Bar of the Philippines.

    On the second issue, complainant claims that respondent has misled the court about his standing in the IBP by using the same IBP O.R. number in his pleadings of at least six years and therefore liable for his actions. Respondent in his memorandum did not discuss this issue.

    First. Indeed, respondent admits that since 1992, he has engaged in law practice without having paid his IBP dues. He likewise admits that, as appearing in the pleadings submitted by complainant to this Court, he indicated "IBP-Rizal 259060" in the pleadings he filed in court, at least for the years 1995, 1996, and 1997, thus misrepresenting that such was his IBP chapter membership and receipt number for the years in which those pleadings were filed. He claims, however, that he is only engaged in a "limited" practice and that he believes in good faith that he is exempt from the payment of taxes, such as income tax, under R.A. No. 7432, 4 as a senior citizen since 1992.

    Rule 139-A provides:chanrob1es virtual 1aw library

    SECTION 9. Membership dues. — Every member of the Integrated Bar shall pay such annual dues as the Board of Governors shall determine with the approval of the Supreme Court. A fixed sum equivalent to ten percent (10%) of the collections from each Chapter shall be set aside as a Welfare Fund for disabled members of the Chapter and the compulsory heirs of deceased members thereof.

    SECTION 10. Effect of non-payment of dues. — Subject to the provisions of Section 12 of this Rule, default in the payment of annual dues for six months shall warrant suspension of membership in the Integrated Bar, and default in such payment for one year shall be a ground for the removal of the name of the delinquent member from the Roll of Attorneys.

    In accordance with these provisions, respondent can engage in the practice of law only by paying his dues, and it does not matter that his practice is "limited." While it is true that R.A. No. 7432, 4 grants senior citizens "exemption from the payment of individual income taxes: provided, that their annual taxable income does not exceed the poverty level as determined by the National Economic and Development Authority (NEDA) for that year," the exemption does not include payment of membership or association dues.

    Second. By indicating "IBP-Rizal 259060" in his pleadings and thereby misrepresenting to the public and the courts that he had paid his IBP dues to the Rizal Chapter, respondent is guilty of violating the Code of Professional Responsibility which provides:chanrob1es virtual 1aw library

    Rule 1.01 — A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

    CANON 7 — A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION, AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

    CANON 10 — A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

    Rule 10.01 — A lawyer shall not do any falsehood, nor consent to the doing of any court; nor shall he mislead or allow the court to be misled by any artifice.

    Respondent’s failure to pay his IBP dues and his misrepresentation in the pleadings he filed in court indeed merit the most severe penalty. However, in view of respondent’s advanced age, his express willingness to pay his dues and plea for a more temperate application of the law, 8 we believe the penalty of one year suspension from the practice of law or until he has paid his IBP dues, whichever is later, is appropriate.chanrobles.com : chanrobles.com.ph

    WHEREFORE, respondent Atty. Francisco R. Llamas is SUSPENDED from the practice of law for ONE (1) YEAR, or until he has paid his IBP dues, whichever is later. Let a copy of this decision be attached to Atty. Llamas’ personal record in the Office of the Bar Confidant and copies be furnished to all chapters of the Integrated Bar of the Philippines and to all courts in the land.

    SO ORDERED.

    Bellosillo, Quisumbing, Buena and De Leon, Jr., JJ., concur.

    Endnotes:



    1. Rollo, pp. 4-9.

    2. Id., p. 11.

    3. Id., p. 13.

    4. Records, pp. 35-42.

    5. Id., pp. 39-40.

    6. Records, p. 57.

    7. Rollo, p. 38.

    8. Comment-Memorandum, pp. 6-7; Records, pp.40-41.

    A.C. No. 4749   January 20, 2000 - SOLIMAN M. SANTOS, JR. v. FRANCISCO R. LLAMAS


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