July 2008 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 161616 : July 30, 2008] FELISA ALDABA, ON HER OWN AND IN REPRESENTATION OF PACITA F. ALDABA AND TRAVIATA F. ALDABA V. SPOUSES ANSELMO AND PRISCILLA BULAONG AND ATTY. JEFFREY C. CRUZ :
[G.R. No. 161616 : July 30, 2008]
FELISA ALDABA, ON HER OWN AND IN REPRESENTATION OF PACITA F. ALDABA AND TRAVIATA F. ALDABA V. SPOUSES ANSELMO AND PRISCILLA BULAONG AND ATTY. JEFFREY C. CRUZ
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 30 July 2008:
G.R. No. 161616 - Felisa Aldaba, on her own and in representation of Pacita F. Aldaba and Traviata F. Aldaba v. Spouses Anselmo and Priscilla Bulaong and Atty. Jeffrey C. Cruz :
Herein Petition for Review on Ceriiorari under Rule 45 of the Rules of Court assails the October 20, 2003 Order[1] of the Regional Trial Court (RTC), Branch 9, Malolos City[2] denying the motion to disqualify Atty. Jeffrey C. Cruz (Atty. Cruz) as counsel for the respondents in P-232-2003 entitled, "In Re: Surrender of Owner's Copy of Transfer Certificate of Title No. 17149, Bulacan, Felisa F. Aldaba, Petitioner, versus Anselmo Bulaong, et al. Respondents;" and the December 6, 2003 RTC Order,[3] denying the motion for reconsideration.
The disqualification of Atty. Cruz is sought on the ground that as Municipal Legal Officer of the Municipal Government of Malolos,[4] he is prohibited from engaging in private legal practice under Republic Act No. 7160, Civil Service Commission (CSC) Memorandum Circular No. 32, and Republic Act Nb. 6713 or The Code of Conduct and Ethical Standards for Public Officials and Employees.[5]
The petition may be treated as a petition for certiorari under Rule 65. [6]
However, an examination of the records transmitted to this Court on November 13, 2007 reveals that in an Order dated August 25, 2005, the RTC had dismissed P-232-2003 on the ground that a compromise agreement had been entered into by the parties;[7] and that the dismissal had become final and executory as of September 28, 2005, per the Entry of Judgment made by the Clerk of Court[8]
Consequently, the issue on the disqualification of Atty. Cruz to appear as counsel for respondents in P-232-2003 has became moot and academic.[9]
ACCORDINGLY, the petition is DENIED for having become moot and academic.
SO ORDERED.
G.R. No. 161616 - Felisa Aldaba, on her own and in representation of Pacita F. Aldaba and Traviata F. Aldaba v. Spouses Anselmo and Priscilla Bulaong and Atty. Jeffrey C. Cruz :
RESOLUTION
Herein Petition for Review on Ceriiorari under Rule 45 of the Rules of Court assails the October 20, 2003 Order[1] of the Regional Trial Court (RTC), Branch 9, Malolos City[2] denying the motion to disqualify Atty. Jeffrey C. Cruz (Atty. Cruz) as counsel for the respondents in P-232-2003 entitled, "In Re: Surrender of Owner's Copy of Transfer Certificate of Title No. 17149, Bulacan, Felisa F. Aldaba, Petitioner, versus Anselmo Bulaong, et al. Respondents;" and the December 6, 2003 RTC Order,[3] denying the motion for reconsideration.
The disqualification of Atty. Cruz is sought on the ground that as Municipal Legal Officer of the Municipal Government of Malolos,[4] he is prohibited from engaging in private legal practice under Republic Act No. 7160, Civil Service Commission (CSC) Memorandum Circular No. 32, and Republic Act Nb. 6713 or The Code of Conduct and Ethical Standards for Public Officials and Employees.[5]
The petition may be treated as a petition for certiorari under Rule 65. [6]
However, an examination of the records transmitted to this Court on November 13, 2007 reveals that in an Order dated August 25, 2005, the RTC had dismissed P-232-2003 on the ground that a compromise agreement had been entered into by the parties;[7] and that the dismissal had become final and executory as of September 28, 2005, per the Entry of Judgment made by the Clerk of Court[8]
Consequently, the issue on the disqualification of Atty. Cruz to appear as counsel for respondents in P-232-2003 has became moot and academic.[9]
ACCORDINGLY, the petition is DENIED for having become moot and academic.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
Endnotes:
[1] Rollo, p. 13.
[2] Formerly Municipality of Malolos
[3] Rollo, p. 14
[4] Id. at 83.
[5] Id. at 52.
[6] In Re: Petition for Assistance in the Liquidation of the Rural Bank of Bureau of Internal Revenue, G.R. No. 158261, December 18, 2006, 511 SCRA 123; Torres, Jr. v. Esteves, G.R. No. 155403, March 31, 2006, 486 SCRA 349; Philippine Airlines v. Kurangking, G.R. No. 146698. September 24, 2002, 389SCRA 588; Calleja v. Panday, G.R. No. 168696, February 28, 2006, 483 SCRA 680.
[7] Records, 262.
[8] Id. at 265.
[9] Solar Entertainment, Inc. v. Court of Appeals, G.R. No. 150146, September 10, 2003; Gen. Elevator v. Villanueva, G.R. No. 135321, April 27, 2005.
