April 2009 - Philippine Supreme Court Resolutions
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[A.C. No. 6854 [Formerly CBD Case No. 04-1380] : April 15, 2009] JUAN D. DULALIA, JR. V. ATTY. PABLO C. CRUZ :
[A.C. No. 6854 [Formerly CBD Case No. 04-1380] : April 15, 2009]
JUAN D. DULALIA, JR. V. ATTY. PABLO C. CRUZ
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated 15 April 2009:
A.C. No. 6854 [Formerly CBD Case No. 04-1380] - Juan D. Dulalia, Jr. v. Atty. Pablo C. Cruz
By Resolution of November 10, 2008,[1] this Court, upon the recommendation of the Office of the Bar Confidant, and after considering the Certifications of Atty. Pedro S. Principe of the Integrated Bar of the Philippines, Bulacan Chapter and of Judge Thelma R. Pinero-Cruz, 3rd Vice Executive Judge, Regional Trial Court, Bulacan, to the effect that respondent stopped from the practice of law since June 16, 2007, lifted the one-year suspension from the practice of law of Atty. Pablo C. Cruz (respondent) and allowed him to resume his practice of law.
Complainant, Juan D. Dulalia, Jr., by Manifestation and Motion[2] filed on November 21, 2008 submits that respondent's suspension should be reckoned from October 18,. 2007, the day he (respondent) received a copy of the Court's August 1, 2007 Resolution which denied with finality his motion for reconsideration of the Court's April 27, 2007 Decision suspending him for one year. He thus prays that respondent be sanctioned or that his suspension be extended as respondent continued to practice law even before his suspension was lifted.
In support of his contention that respondent has been practicing before October 18, 2007, complainant attached (1) a copy of Transcript of Stenographic Notes taken on June 25, 2008[3] showing respondent's appearance as private prosecutor in Criminal Case "No. 97-21576 to 97-21585; (2) a copy of a Motion for Reconsideration[4] dated August 22, 2008 by respondent before the Regional Trial Court, Branch 12, Malolos City, stating that he had resumed the practice of law after he had completely served the one-year suspension reckoned from June 16, 2007; and (3) a copy of Order dated September 16, 2008[5] of the said court denying a motion of respondent.
The rollo shows that respondent filed a Manifestation of October 1, 2007[6] informing the Court that he, upon receipt of the Decision on June 16, 2007, stopped engaging in the practice of law, albeit he earlier filed on June 14, 2007 a motion for reconsideration which this Court noted by Resolution of February 6, 2008.[7]
A copy of respondent's above-said Manifestation of October L, 2007 was furnished complainant's counsel, Atty. Melanie U. Arellano, per Registry Receipt No. 2021 dated October 3, 2007. A copy of this Court's above-said Resolution of February 6, 2008 was received by Attv. Arellano on March 10, 2008 per Registry Return Receipt No. 22299. Nothing, however, was heard from complainant until the Court received his November 20, 2008 Manifestation and Motion - subject of the present Resolution. Complainant's motion to reckon respondent's suspension from October 18, 2007 must perforce be denied.
WHEREFORE, complainant's motion is DENIED. This case is now CLOSED and TERMINATED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio, Conchita Carpio Morales, Dante O. Tinga and Presbitero J. Velasco, Jr., Members, Special Second Division, this 15th day of April, 2009.
A.C. No. 6854 [Formerly CBD Case No. 04-1380] - Juan D. Dulalia, Jr. v. Atty. Pablo C. Cruz
By Resolution of November 10, 2008,[1] this Court, upon the recommendation of the Office of the Bar Confidant, and after considering the Certifications of Atty. Pedro S. Principe of the Integrated Bar of the Philippines, Bulacan Chapter and of Judge Thelma R. Pinero-Cruz, 3rd Vice Executive Judge, Regional Trial Court, Bulacan, to the effect that respondent stopped from the practice of law since June 16, 2007, lifted the one-year suspension from the practice of law of Atty. Pablo C. Cruz (respondent) and allowed him to resume his practice of law.
Complainant, Juan D. Dulalia, Jr., by Manifestation and Motion[2] filed on November 21, 2008 submits that respondent's suspension should be reckoned from October 18,. 2007, the day he (respondent) received a copy of the Court's August 1, 2007 Resolution which denied with finality his motion for reconsideration of the Court's April 27, 2007 Decision suspending him for one year. He thus prays that respondent be sanctioned or that his suspension be extended as respondent continued to practice law even before his suspension was lifted.
In support of his contention that respondent has been practicing before October 18, 2007, complainant attached (1) a copy of Transcript of Stenographic Notes taken on June 25, 2008[3] showing respondent's appearance as private prosecutor in Criminal Case "No. 97-21576 to 97-21585; (2) a copy of a Motion for Reconsideration[4] dated August 22, 2008 by respondent before the Regional Trial Court, Branch 12, Malolos City, stating that he had resumed the practice of law after he had completely served the one-year suspension reckoned from June 16, 2007; and (3) a copy of Order dated September 16, 2008[5] of the said court denying a motion of respondent.
The rollo shows that respondent filed a Manifestation of October 1, 2007[6] informing the Court that he, upon receipt of the Decision on June 16, 2007, stopped engaging in the practice of law, albeit he earlier filed on June 14, 2007 a motion for reconsideration which this Court noted by Resolution of February 6, 2008.[7]
A copy of respondent's above-said Manifestation of October L, 2007 was furnished complainant's counsel, Atty. Melanie U. Arellano, per Registry Receipt No. 2021 dated October 3, 2007. A copy of this Court's above-said Resolution of February 6, 2008 was received by Attv. Arellano on March 10, 2008 per Registry Return Receipt No. 22299. Nothing, however, was heard from complainant until the Court received his November 20, 2008 Manifestation and Motion - subject of the present Resolution. Complainant's motion to reckon respondent's suspension from October 18, 2007 must perforce be denied.
WHEREFORE, complainant's motion is DENIED. This case is now CLOSED and TERMINATED.
WITNESS the Honorable Leonardo A. Quisumbing, Chairperson, Honorable Antonio T. Carpio, Conchita Carpio Morales, Dante O. Tinga and Presbitero J. Velasco, Jr., Members, Special Second Division, this 15th day of April, 2009.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
Endnotes:
[1] Rollo, pp. 660-661.
[2] Id. at 663-666.
[3] Annex "B," rollo, 668-678.
[4] Annex "C," Id. at 679-680.
[5] Annex "D," Id. at 684 and backpage.
[6] Id at 650-651.
[7] Id. at 652.
