Philippine Supreme Court Resolutions > Year 2007 > February 2007 Resolutions > [A.C. No. 4738 : February 06, 2007] VIOLETA FLORES-ALITAGTAG V. ATTY. VIRGILIO R. GARCIA :

Quoted hereunder, for your information, is a resolution of the Court En Banc dated February 6, 2007.

A.C. No. 4738 - (VIOLETA FLORES-ALITAGTAG v. ATTY. VIRGILIO R. GARCIA)

On April 4, 2006, the Court issued a Resolution with the following dispositive portion:

WHEREFORE, the Court RESOLVES to:

1. DEFER resolution on respondent's Manifestation and Motion to Lift Suspension;
   
   
2. REQUIRE respondent to SHOW CAUSE, within ten (10) days from receipt hereof, why he should not be held in contempt of court and why the period of his suspension should not be extended for engaging in practice during the period of suspension;
   
   
3. REQUIRE the IBP National Office, within ten (10) days from receipt hereof, to issue a certification, as to whether respondent engaged in practice of law or appeared as counsel in any court or tribunal within the Philippines for the period between February 20, 2002 up to the present; and
   
   
4. REQUIRE the IBP Bulacan Chapter through its President, Atty. Jose dela Rama, Jr., within ten (10) days from receipt hereof, to issue a certification as to the exact period when respondent collaborated with his brother's counsel.
   

SO ORDERED.

In his Compliance dated May 29, 2006, respondent argued that his participation during the preliminary investigation of the complaint filed against his brother was limited to the giving of moral support to the latter; that his presence during the said investigation was only impelled by his realization of his obligation to protect his brother and to ease the pain, embarrassment and psychological strain that the case was causing to their family.  Respondent prayed that, taking into consideration the foregoing factual circumstances, his act be not considered as practice of law and that, as a consequence, his suspension be finally lifted.

On May 23, 2006, the Court received the Compliance of the IBP, Bulacan Chapter, dated May 5, 2006.  The IBP, Bulacan Chapter, through its president Atty. Jose De La Rama, Jr., and its Secretary Atty. Purificacion B. Bernabe, issued a Certification stating therein that respondent had been present during the preliminary investigation of the complaint filed against his brother but the latter was represented by a different counsel and that respondent was present during subsequent court proceedings but he did not enter his appearance nor submit any pleading in the said case.  The said Certification was based on the certifications issued separately by the Office of the City Prosecutor of Quezon City and the Clerk of Court of the Regional Trial Court (RTC) of Quezon City, Branch 89.

On July 28, 2006, respondent filed a Motion for Early Resolution praying that his suspension be lifted.

On December 11, 2006, respondent filed a Motion to Lift Suspension contending that his three-year suspension from the practice of law, which began to run on June 24, 2003 effectively ended on June 24, 2006.

On January 19, 2007, the Court received a Certification from the IBP National Office stating that the said Office has not received any information that respondent exercised or practiced his profession during the period of his suspension.

The Court finds respondent's explanation as well as the Certification issued by the IBP National Office, IBP Bulacan Chapter, Clerk of Court of the RTC Quezon City, satisfactory for the purpose of lifting the suspension imposed upon respondent.

WHEREFORE, respondent's instant Motion to Lift Suspension is GRANTED, effective immediately.