November 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[A.C. No. 5835 : November 23, 2010] CARLOS B. REYES vs. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6051
CELIA ARROYO-POSIDIO vs. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6441]
VIOLETA R. TAHAW vs. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6955]
MAR YUSON vs. ATTY. JEREMIAS R. VITAN :
EN BANC
[A.C. No. 5835 : November 23, 2010]
CARLOS B. REYES v. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6051]
CELIA ARROYO-POSIDIO v. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6441]
VIOLETA R. TAHAW v. ATTY. JEREMIAS R. VITAN
[A.C. NO. 6955]
MAR YUSON v. ATTY. JEREMIAS R. VITAN
Sirs/Mesdames:
Please take notice that the Court en banc issued a Resolution dated NOVEMBER 23, 2010, which reads as follows:
"A.C. No. 5835 (Carlos B. Reyes v. Atty. Jeremias R. Vitan); A.C. No. 6051 (Celia Arroyo-Posidio v. Atty. Jeremias R. Vitan); A.C. No. 6441 (Violeta R. Tahaw v. Atty. Jeremias R. Vitan); and A.C. No. 6955 (Mar Yuson v. Atty. Jeremias R. Vitan). - In the Resolution dated August 10, 2010, the Court resolved to reinstate respondent Atty. Jeremias R. Vitan (Atty. Vitan) as a member in good standing of the Philippine Bar, effective upon the submission of the Sworn Statement mandated in Ligaya Maniago v. Atty. Lourdes I. de Dios.[1]
Pursuant thereto, Atty. Vitan submitted his Statement under oath on September 2, 2010, stating that he has completely served the four (4) periods of suspension imposed on him successively, and that he has not appeared as counsel in any court during the periods of his suspension, as follows:
We reiterate what we have stated that the practice of law is a special privilege bestowed only upon those who are competent intellectually, academically, and morally. Respondent is reminded to conduct himself, especially in his dealings with his clients and the public at large, with honesty and integrity in a manner beyond reproach.[3] The Court will not hesitate to withhold this privilege if respondent fails in the faithful performance of his duties to society, to the bar, to the courts, and to his clients within the strict demands and high standards of the legal profession.
Acting on respondent's petition filed on February 24, 2010, the Court finds respondent's submission of the Sworn Statement, with copies furnished the Integrated Bar of the Philippines and the Executive Judge of Manila, as substantial compliance with the Court's directive in its Resolution of August 10, 2010 in accordance with the Maniago ruling.
Accordingly, respondent's suspension is LIFTED. Atty. Jeremias R. Vitan is allowed to RESUME his practice of law with the STERN WARNING that the commission in the future of the same infraction or other violations of his duties as a lawyer shall be dealt with more severely.
Let a copy of this Resolution be entered in respondent's personal record.
The Court further Resolved to CONSIDER as SERVED the Notice of Judgment dated August 10, 2010, addressed to complainant Violeta R. Tahaw at Blk, 149, Lot 41, Phase 1, Mabuhay City, Bo. Mamatid, Cabuyao, 4025 Laguna, which resolution was returned unserved with notation 'RTS-Moved, Left No Address'." Del Castillo, J., on official leave.
"A.C. No. 5835 (Carlos B. Reyes v. Atty. Jeremias R. Vitan); A.C. No. 6051 (Celia Arroyo-Posidio v. Atty. Jeremias R. Vitan); A.C. No. 6441 (Violeta R. Tahaw v. Atty. Jeremias R. Vitan); and A.C. No. 6955 (Mar Yuson v. Atty. Jeremias R. Vitan). - In the Resolution dated August 10, 2010, the Court resolved to reinstate respondent Atty. Jeremias R. Vitan (Atty. Vitan) as a member in good standing of the Philippine Bar, effective upon the submission of the Sworn Statement mandated in Ligaya Maniago v. Atty. Lourdes I. de Dios.[1]
Pursuant thereto, Atty. Vitan submitted his Statement under oath on September 2, 2010, stating that he has completely served the four (4) periods of suspension imposed on him successively, and that he has not appeared as counsel in any court during the periods of his suspension, as follows:
He also stated that he returned the sums of money to the complainants, submitting proof thereof in the following cases:
(a) Six (6) months suspension in A.C. No. 5835 from May 13, 2005 to November 13, 2005; (b) One (1) year suspension in A.C. No. 6051 from April 18, 2007 to April 18, 2008; (c) Six (6) months suspension in A.C. No. 6441 from November 12, 2004 to May 12, 2005; and (d) Six (6) months suspension in A.C. No. 6955 from date of receipt of the Resolution dated March 6, 2007.
Further, respondent expresses his gratitude to the Court for giving him another chance to start anew in the practice of law after suffering "years of indecisiveness"[2] and health problems.
(a) In A.C No. 5835 - the sum of P17,000.00 with interest of 12% per annum from the date of promulgation of the Decision until the full amount shall have been returned, with proof of settlement, as Annex ;'B"; (b) In A.C. No. 6441 - the amount of P30,000.00, with proof of settlement, as Annex "A."
We reiterate what we have stated that the practice of law is a special privilege bestowed only upon those who are competent intellectually, academically, and morally. Respondent is reminded to conduct himself, especially in his dealings with his clients and the public at large, with honesty and integrity in a manner beyond reproach.[3] The Court will not hesitate to withhold this privilege if respondent fails in the faithful performance of his duties to society, to the bar, to the courts, and to his clients within the strict demands and high standards of the legal profession.
Acting on respondent's petition filed on February 24, 2010, the Court finds respondent's submission of the Sworn Statement, with copies furnished the Integrated Bar of the Philippines and the Executive Judge of Manila, as substantial compliance with the Court's directive in its Resolution of August 10, 2010 in accordance with the Maniago ruling.
Accordingly, respondent's suspension is LIFTED. Atty. Jeremias R. Vitan is allowed to RESUME his practice of law with the STERN WARNING that the commission in the future of the same infraction or other violations of his duties as a lawyer shall be dealt with more severely.
Let a copy of this Resolution be entered in respondent's personal record.
The Court further Resolved to CONSIDER as SERVED the Notice of Judgment dated August 10, 2010, addressed to complainant Violeta R. Tahaw at Blk, 149, Lot 41, Phase 1, Mabuhay City, Bo. Mamatid, Cabuyao, 4025 Laguna, which resolution was returned unserved with notation 'RTS-Moved, Left No Address'." Del Castillo, J., on official leave.
Very truly yours,
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
(Sgd.) ENRIQUETA E. VIDAL
Clerk of Court
Endnotes:
[1] A.C. No. 7472, March 30, 2010.
[2] In Re Matter of Reinstatement in the Philippine Bar; Petition filed by Atty. Jeremias R. Vitan.
[3] Lim v. Atty. Barcelona, 469 Phil. 1, 13 (2004).