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[A.C. No. 4748. March 13, 2001]

RADJAIE vs. ATTY. ALOVERA

EN BANC

Gentleman:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 13 2001

A.C. No. 4748(Victoria V. Radjaie vs. Atty. Jose O. Alovera.)

On August 4, 2000, a Decision was rendered by this Court in the above-entitled case, wherein we disbarred respondent Alovera, former Presiding Judge of the Regional Trial Court of Roxas City, Branch 17, for having penned a Decision dated January 30, 1995 in Civil Case No. V-6186 for Partition and Accounting, entitled "The Heirs of the Late Faustina Borres (except Victoria Villariez Radjaie) represented by Arturo V. Agudo, et al. v. Victoria Villariez Radjaie," long after his retirement from the Judiciary on January 31, 1995.

A motion for reconsideration was filed by respondent Alovera but the Court denied the same in a Resolution dated October 24, 2000. Hence, the said decision is now final.

On January 29, 2001, the heirs of Atty. Alberto A. Villarruz, who died on February 15, 2000, sent a letter denominated as "Appeal for Deletion of the Name of the late Alberto A. Villarruz from the recommended action of the Bar Confidant" to this Court. The recommended action in the Report of the Bar Confidant is worded as follows:

xxx

The acts of Attys. Alberto Villarruz and Jose O. Alovera constituted deceit, malpractice, serious and grave misconduct as lawyer (sic) justifying their suspension from the practice of law and ultimately their disbarment."

In their letter-appeal, the heirs of Atty. Villarruz, who was the plaintiffs' counsel in the civil case for partition and accounting, alleged that although the name of Atty. Villarruz was not expressly included in the dispositive portion of our decision in A.M. No. 4748, his inclusion in the Report of the Office of the Bar Confidant which we substantially quoted in our decision of August 4, 2000 gave the perception that Atty. Villarruz had a hand in the holding of the simulated trial which transpired on December 10, 1993 inside the chamber of then judge, respondent Alovera. Only present then were Atty. Alberto Villarruz, the plaintiffs therein and Mrs. Rosa Dapat, a court stenographer from another court. The heirs of Atty. Villarruz lament that when the Office of the Bar Confidant was tasked to investigate Ms. Radjaie's complaint for disbarment against respondent Alovera, Atty. Villarruz was never notified or asked to participate in the proceedings, much less did he have the opportunity to defend himself and present his own witnesses.

Citing their constitutional right to be secure in their persons - which they claim, inevitably includes their enjoyment of the untarnished memory of their closest and dearest kin - the heirs of Atty. Alberto A. Villarruz now request for the deletion of the name of Atty. Villarruz in the Bar Confidant's recommendation which we substantially quoted in our decision in A.M. No.4748.

We are constrained to deny the request of the heirs of the late Atty. Villarruz for three (3) reasons:

First, Atty. Villarruz was never impleaded as a co-respondent in the disbarment case filed by complainant Radjaie against respondent Alovera.

Second, while we adopted the findings of the Office of the Bar Confidant in said case, the penalty meted out was solely directed towards respondent Alovera.

Third, It bears emphasis that the report of the Office of the Bar Confidant to this Court in A.M. No. 4748, as Exhibit "P," already forms part of the records of the case.

The Court notes that Atty. Villarruz sadly died on February 15, 2000, long after the November 17, 1999 report of the office of the Bar Confidant on the charges against respondent Alovera, nonetheless, our decision in this case has long been final.

WHEREFORE, the instant "appeal for the deletion of the name of the late Alberto A. Villarruz from the recommended action of the Bar Confidant" is hereby DENIED.

(No part - Justices J. Bellosillo, J. Melo, J. Vitug and S. Kapunan)

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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