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[A.M. No. 4931.February 21, 2001]

PILOT vs. ATTY. ZACARIAS

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 21 2001.

A.M. No. 4931(Dionisio P. Pilot vs. Atty. Policarpio R.Zacarias.)

For consideration is Resolution No. XIV-2000-585 of the Board of Governors of the Integrated Bar of the Philippines, dated September 2, 2000, denying complainant's motion for reconsideration of the Board's Resolution No. XIV-2000-341, dated June 26, 2000. This resolution dismissed the administrative complaint filed by complainant Dionisio P. Pilot against respondent Atty. Policarpio R. Zacarias, pursuant to �5, Rule 139-B, there being no compelling reason to continue with the proceedings. In its resolution under consideration, the IBP Board states that it no longer has jurisdiction to consider complainant's motion for reconsideration as the case had already been forwarded to this Court and that the pleading is improper as the remedy of the complainant is to file the appropriate motion with this Court within fifteen (15) days from receipt of notice of the Board's resolution dismissing the said administrative complaint.

In the case of Halimao v. Villanueva (253 SCRA 1 (1996)), we ruled that 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 fifteen (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.

Considering the foregoing, the Court RESOLVED to return the complainant's motion for reconsideration of IBP Resolution No. XIV-2000-341 to the IBP Board of Governors for its resolution on the merits.

Very truly yours,

(Sgd.)TOMASITA M. DRIS
Clerk of Court


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