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[A.C. No. CBD 99-660. August 7, 2000]

ATTY. DE LAS ALAS vs. PUBLIC PROS. CONRADO JAMOLIN

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated AUG 7 2000.

A.C. No. CBD 99-660 (Atty. Manuel Ramon de las Alas v. Public Prosecutor Conrado Jamolin.)

This is a petition. with a supplement, seeking review of Resolution No. XIV-00-245 of the Board of Governors of the Integrated Bar of the Philippines which dismissed the complaint for disbarment filed by petitioner. It appears that petitioner previously sought a reconsideration of the same resolution with the IBP. but, because he apprehends that his aforesaid motion might be treated as a "mere scrap of paper" since he thinks it is not authorized under Rule 139-B of the Rules of Court, he filed the present petition for review and supplemental petition.

Petitioner's assumption in filing the present petition is erroneous. in Halimao v. Villanueva, 253 SCRA 1(1996), it was held:

Although Rule 139-B, �12(c) makes no mention of a motion for reconsideration, nothing in its text or in its history suggests that such motion is prohibited. It may therefore be filed within 15 days from notice to a party. Indeed, the filing of such motion should be encouraged before resort is made to this Court as a matter of exhaustion of administrative remedies, to afford the agency rendering the judgment an opportunity to correct any error it may have committed through a misapprehension of facts or misappreciation of the evidence.

The present petition is thus prematurely filed. Petitioner must await the action of the IBP Board of Governors on his motion for reconsideration and bring this petition only if warranted in the light of the resolution of his motion.

For the foregoing reason, the petition for review and supplemental petition are DENIED for having been prematurely filed.

Bellosillo, J., Chairman, is on official leave.

Very truly yours,

(Sgd.) TOMASITA B. MAGAY-DRIS

Clerk of Court

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