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[ A.C. No. 4890. July 1, 1999]

BENJAMIN VILLARANTE, SR. vs. ATTY. MANUEL LEGASPI.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this court dated JUL 1, 1999.

A.C. No. 4890 (Benjamin Villarante, Sr. vs. Atty. Manuel Legaspi.)

This is an administrative complaint against Atty. Manuel P. Legaspi, commissioner of the IBP Committee on Bar Discipline, for acts done during the hearing on January 9, 1998 of Administrative Case No. 4345 for disbarment, entitled "Benjamin Villarante, Sr. v. Atty. Rex J.M.A. Fernandez." Atty. Legaspi allegedly tried to discourage complainant from pursuing the case by telling him that he would incur enormous expenses because he would have to finance the entire proceedings as Atty. Legaspi was a member of committee merely as volunteer and there being no funding as yet from the national government because the Committee on Bar Discipline was relatively new, and that he would require the complainant to secure the services of a lawyer which would be an alleged that Atty. Legaspi tried to force complainant to agree to the postponement ordered by Legaspi due to the non-appearance of the respondent despite due notice and his (complainant's) opposition thereto; that Atty. Legaspi shouted at complaint, reminding him that he was the "judge" of the proceedings; and that he refused to issue a certificate of appearance when complainant refused to sign the order of postponement.

The complaint also prays that respondent be ordered to inhibit himself or be disqualified from hearing the disbarment complaint further.

Considering that the charges against respondent arose out of and necessarily involve his conduct of the hearings in Admin. Case No. 4345, now pending with the Third Division, the Court RESOLVED to CONSOLIDATE the instant complaint with Admin. Case No. 4345. Martinez, J., is on leave.

Very truly yours,

TOMASITA B. MAGAY-DRIS

Clerk of Court

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