June 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.C. No. 3375 : June 20, 2012]
FEDENCIO BALICOLON v. ATTY. LAWRENCE CORDOVA
A.C. No. 3375 (Fedencio Balicolon v. Atty. Lawrence Cordova). � On 25 August 1989, an administrative Complaint was filed against respondent for misconduct. Complainant narrated that he is the plaintiff in an illegal detainer case decided by the Municipal Trial Court. Upon appeal to the Regional Trial Court (RTC), the court directed complainant to pay the sum of P25,300 to the defendant in the illegal detainer case. Complainant then engaged the services of respondent, with instructions to appeal the RTC Decision to the Court of Appeals. After almost a year without any word from respondent, complainant followed up with the RTC, and discovered that respondent instead filed a Motion for Execution of Judgment of the RTC Decision. Complainant thus prayed that respondent be either suspended from the practice of law, removed from the roll of attorneys, or reprimanded.
On 13 November 1989, this Court issued a Resolution referring the matter to the Integrated Bar of the Philippines (IBP). On 29 August 2000, the IBP - Commission on Bar Discipline (CBD) - Mindanao issued a Resolution recommending the dismissal of the Complaint due to the death of the complainant and the failure to present any evidence to substantiate the allegations in the Complaint. However, the IBP-CBD-Mindanao recommended that respondent be reprimanded for his failure to answer the Complaint despite being directed to do so. On 30 September 2000, the IBP Board of Governors (BOG) issued a Resolution adopting the Resolution dated 29 August 2000, with the modification that the reprimand imposed against respondent be stricken out. On 7 February 2001, this Court issued a Resolution noting the IBP BOG Resolution dated 30 September 2000.
We find the recommendation of the IBP BOG dismissing the case and striking out the reprimand to be in order. Further, Bar Matter No. 1755[1] provides:
In case a decision is rendered by the BOG that exonerates the respondent or imposes a sanction less than suspension or disbarment, the aggrieved party can file a motion for reconsideration within the 15-day period from notice. If the motion is denied, said party can file a petition for review under Rule 45 of the Rules of Court with this Court within fifteen (15) days from notice of the resolution resolving the motion. If no motion for reconsideration is filed, the decision shall become final and executory and a copy of said decision shall be furnished this Court.cralaw
In this case, and upon verification with the Office of the Bar Confidant, no motion for reconsideration or petition for review was filed from the Resolution of the IBP BOG.
WHEREFORE, in view of the foregoing, this case may now be deemed CLOSED and TERMINATED.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy
Division Clerk of Court
Endnotes:
[1] Re: Rules of Procedure of the Commission on Bar Discipline, issued on 17 June 2008.