November 1961 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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Adm. Case No. 504 November 29, 1961 - EUFROSINO L. RAMOS v. EUGENIO P. MICULOB:
EN BANC
[Adm. Case No. 504. November 29, 1961.]
EUFROSINO L. RAMOS, Petitioner, v. EUGENIO P. MICULOB, Respondent.
SYLLABUS
1. ATTORNEYS-AT-LAW; DISBARMENT; SUBJECT-MATTER OF COMPLAINT PENDING INVESTIGATION; ADMINISTRATIVE COMPLAINT FOR DISBARMENT PREMATURE. — Inasmuch as the subject matter of the administrative complaint for disbarment filed with the Supreme Court is still pending investigation in the Department of Foreign Affairs by reason of the charges filed by respondent against the Consuls concerned, the complaint for disbarment is premature, and the same should be dismissed without prejudice.
R E S O L U T I O N
DIZON, J.:
The verified complaint filed by petitioner, Eufrosino L. Ramos, a member of the bar, against respondent Eugenio P. Miculob, also a member of the bar, alleges that in a sworn statement addressed to the Secretary of Foreign Affairs on July 6, 1961, said respondent stated, among other things, that in December, 1960, he gave Jose Fornier, Philippine Consul General in Hongkong, the sum of HK $2,500.00 in order to secure the issuance of a visa for his client, one John Lau, alias Lau Chen Ping, an applicant for a visa to the Philippines; that if true, the act committed by respondent constitutes malpractice, gross misconduct, bribery, and a violation of his oath of office as a member of the bar.
It appears, however, that the matter is still pending investigation in the Department of Foreign Affairs by reason of the charges filed by respondent against Consul General Fornier and Consuls Sabalones and Cataumber.
For the reason stated in the preceding paragraph, it is hereby resolved to dismiss the present case, without prejudice to filing it again if the decision that will be rendered in due time upon the administrative charges heretofore mentioned would so justify.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, and De Leon, JJ., concur.
It appears, however, that the matter is still pending investigation in the Department of Foreign Affairs by reason of the charges filed by respondent against Consul General Fornier and Consuls Sabalones and Cataumber.
For the reason stated in the preceding paragraph, it is hereby resolved to dismiss the present case, without prejudice to filing it again if the decision that will be rendered in due time upon the administrative charges heretofore mentioned would so justify.
Bengzon, C.J., Padilla, Bautista Angelo, Labrador, Concepcion, Reyes, J.B.L., Barrera, Paredes, and De Leon, JJ., concur.
