Philippine Supreme Court Resolutions > Year 2012 > February 2012 Resolutions > [A.C. No. 2983 : February 29, 2012] LOURDES CORRES v. ATTY. JUAN A. ABAYA, JR. :

Please take notice that the Court, Third Division, issued a Resolution dated 29 February 2012, which reads as follows:cralaw

A.C. No. 2983 � (Lourdes Corres v. Atty. Juan A. Abaya, Jr.) � Before this Court are: [1] a Manifestation, dated October 5, 2011, filed by respondent Atty. Juan A. Abaya, Jr. (Atty. Abaya, Jr.), informing that he voluntarily complied with the penalty of suspension from the practice of law for one (1) month imposed upon him by the Board of Governors of the Integrated Bar of the Philippines (BOG-IBP); [2] Report and Recommendation, dated December 6, 2011, submitted by the Office of the Bar Confidant (OBC), recommending, among others, that the Manifestation of Atty. Abaya, Jr., be denied due course for being premature; and [3] Motion dated December 21, 2011 filed by Atty. Abaya, Jr. praying that his suspension of one (1) month be lifted and that he be allowed to practice his profession.

It appears from the records that on January 22, 1987, complainant Lourdes Corres (Corres) filed a "Sinumpaang Salaysay" praying for the disbarment of Atty. Abaya, Jr. for allegedly acting in a scandalous manner by making threats and uttering scandalous remarks in a public place.

On April 22, 1987, Atty. Abaya, Jr. filed his Comment, asserting that the charges were baseless, concocted and fabricated by Corres to harass and/or get even with him, whose only fault, if it could be considered a fault, was to represent the adversaries of Corres in a case.

On July 25, 1997, the National Grievance Investigation Office of the Integrated Bar of the Philippines (NGIO-IBP) found Atty. Abaya, Jr. guilty of behaving in a scandalous manner and recommended that he be suspended from the practice of law for one (1) year.

On August 23, 1997, the BOG-IBP passed Resolution No. XII-97-50 which adopted the report of the Investigating Commissioner of the NGIO-IBP but reduced the sanction from one (1) year suspension from the practice of law to only one (1) month.

On November 3, 1997, Atty. Abaya, Jr. filed with the BOG-IBP a motion for reconsideration (MR) of its August 23, 1997 Resolution praying for the dismissal of the complaint.

On June 26, 2011, the BOG-IBP issued a resolution denying his motion for reconsideration. On August 3, 2011, Atty. Abaya, Jr. received a copy of said resolution.

On October 5, 2011, Atty. Abaya, Jr. filed with the BOG-IBP his Manifestation informing the Board that:

1. After the passage of Resolution No. XII-97-50, he filed an MR with them;

2. On January 27, 1998, [he] received a notice of Resolution issued by the First Division of the Honorable Court, to wit: 

"Administrative Case No. 2983 (Lourdes Corres v. Atty. Juan Abaya, Jr.). - The Court Resolved to NOTE the notice of the Resolution dated August 23, 1997 of the Integrated Bar of the Philippines suspending Atty. Juan Abaya, Jr. from the practice of law for one (1) month for having been found guilty of behaving in a scandalous manner to the discredit of the legal profession."

3. It was his belief that the MR he filed was to be treated as an appeal and for reason of which, he did not serve his suspension pending its resolution;

4. For more than ten (10) years, no action was taken and while waiting for the result of his MR, Atty. Abaya, Jr. opted to comply with his suspension for the whole month of December 2007 as certified by the Executive Judge of the Regional Trial Court of Candon City and the President of the IBP ; and

5. Atty. Abaya, Jr. received a copy of the June 26, 2011 Resolution of the BOG-IBP on August 3, 2011 denying his MR and affirming the August 23, 1997 Resolution.

He prayed that the BOG/Commission on Bar Discipline note his manifestation and that his voluntary compliance with the penalty of suspension be considered as his compliance pursuant to the BOG's June 26, 2011 Resolution.

On October 17, 2011, the Court issued a resolution requiring Atty. Abaya, Jr. to comply with the requirements for the lifting of his suspension.

On October 18, 2011, Atty. Abaya, Jr. filed his October 5, 2011 Manifestation before this Court praying that his suspension of one (1) month from the practice of law be lifted and he be allowed to practice his profession as he had already voluntarily served his suspension as certified by the Executive Judge of the Regional Trial Court of Ilocos Sur and the President of the IBP, Ilocos Sur Chapter.

On December 6, 2011, in its REPORT AND RECOMMENDATION, the Office of the Bar Confidant (OBC) stated that: 

As can be gleaned from the records, the IBP Notice of Resolution No. XVII-97-50, dated 23 August 1997 which suspended respondent from the practice of law for one (1) month and the Notice of Resolution No. XIX-2011-403, dated 26 June 2011, which denied respondent's motion for reconsideration and, thus, affirmed its Notice of Resolution No. XVII-97-50, were only duly noted by the Court. 

It should be stressed that no decision of the IBP may become final and executory simply with the lapse of the fifteen-day period under Section 12, even if there is no petition filed with this Court xxx. Such decision takes effect only upon its affirmation or modification by the Court, or as ordained by the Court. This is so because the inherent power to discipline members of the bar belongs to the Court, not the IBP. It is, in fact, a matter of routine, that even decisions of the IBP Board of Governor imposing sanctions less than suspension or disbarment are automatically elevated to the Court for review. There is no need for a petition filed with the Court within fifteen days from notice in order that the Court may acquire jurisdiction over the matter (A.C. 6973, "Robert Francis F. Maronilla v. Atty. Efren N. Jorda, et al"). 

Considering that the resolution of the IBP [has] not yet been finally acted upon by the Court said IBP decision has not attained finality. Thus, the respondent's manifestation dated 5 October 2011 alleging that he had voluntary served his suspension, etc., may not be given due course for being filed prematurely. 

WHEREFORE, in the light of the forgoing premises, it is respectfully recommended that: 

1. The IBP Notice of Resolutions No. VV1I-97-50, dated 23 August 1997, and No. XIX-2011-403 dated 26 June 2011 be now finally RESOLVED by the Court
    
2. The respondent's Manifestation dated 5 October 2011 may NOT be GIVEN DUE COURSE it being filed prematurely. 

On January 5, 2012, Atty. Abaya, Jr. filed with the Court a MOTION dated December 21, 2011 praying that the Court lift his suspension of one (1) month from the practice of law and allow him to practice his profession.

The Court notes that from the October 5, 2011 Manifestation of Atty. Abaya, Jr., he complied with the August 23, 1997 Resolution No. XII-97-50 of the BOG-IBP adopting the findings of the NGIO-IBP but reducing the sanction to one (1) month suspension from the practice of law; and that he filed his MR of the BOG-IBP resolution on November 3, 1997 praying for the dismissal of the complaint.

Atty. Abaya, Jr. further stated that he opted to comply with his suspension during the whole month of December 2007 while his MR was pending before the IBP.

For said reason, the Court cannot recognize his self-imposed suspension. As noted by the OBC, it was premature. Thus, his motion that the Court lift his suspension and allow him to practice his profession has no basis.

The Court also notes the very lengthy and unreasonable inaction on the part of the BOG-IBP with regard to the MR of Atty. Abaya, Jr. It took the Board fourteen (14) years before it could resolve to deny the MR to the prejudice of Atty. Abaya, Jr. It is indeed lamentable that this happened. Although there is no period provided under the Rules of Procedure of the Commission on Bar Discipline within which the BOG must act on the MR, it should have been resolved within a reasonable time.cralaw

WHEREFORE, the Motion, dated December 21, 2011, filed by Atty. Abaya, Jr. praying that his suspension of one (1) month be lifted and that he be allowed to practice his profession is DENIED.

The Court ADOPTS the findings of fact and conclusions in the August 23, 1997 Resolution of the Board of Governors of the Integrated Bar of the Philippines suspending Atty. Juan Abaya, Jr. from the practice of law for one (1) month effective from the finality of this disposition.

Accordingly, Atty. Juan Abaya, Jr. is hereby ordered suspended from the practice of law for one (1) month. Thereafter, he should submit to the Court his compliance with the requirements for the lifting of his suspension.

SO ORDERED. 

Very truly yours,

(Sgd.) LUCITA ABJELINA-SORIANO
Division Clerk of Court