April 2012 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
[A.C. No. 5121 : April 16, 2012]
DOMINGO A. MUERTEGUI, JR. v. ATTY. CLEMENCIO SABITSANA, JR.
A.C. No. 5121 (Domingo A. Muertegui, Jr. v. Atty. Clemencio Sabitsana, Jr.). - Complainant is asking this Court to reconsider its Resolution dated 5 December 2011 declaring the case closed and terminated considering that no petition for review was filed with the Court per records of the Office of the Bar Confidant.
On 9 August 1999, complainant filed a Letter-Complaint for Disbarment against respondent. This Court thereafter referred the case to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation.
On 26 May 2006, the Board of Governors of the IBP issued Resolution No. XV1I-2006-331 dismissing the Complaint, absent convincing evidence to subject respondent to any disciplinary action. The Notice of Resolution was not sent to complainant's counsel of record, Atty. Wellington B. Lachica. It was instead sent to a certain Atty. Gabino A. Velasquez.
On 14 August 2006, Atty. Velasquez filed a Manifestation before this Court, clarifying that he was not the counsel of record in the present disbarment case, and that he was not acquainted with Atty. Lachica. Acting on this Manifestation, this Court ordered the correction of the entry of complainant's counsel of record and the service of the IBP's Resolution on Atty. Lachica.
Thereafter, on 15 June 2007, complainant, through Atty. Lachica, filed a Motion for Reconsideration. On 13 August 2007, this Court referred the motion to the IBP for proper disposition.
On 14 May 2011, the IBP issued Resolution No. XIX-2011-179 denying, the Motion for Reconsideration. However, despite the fact that it was Atty. Lachica who filed the Motion for Reconsideration, the IBP did not correct its entry regarding the counsel of record of complainant. As indicated in its Notice of Resolution, the IBP sent a copy of the Notice, this time to Atty. Getulio M. Francisco.
On 25 July 2011, Atty. Francisco filed a Manifestation with the IBP stating that he was not the counsel of complainant in the present case, but was instead representing the latter in G.R. No. 181359.
Despite the Manifestation, the records do not bear any proof that a copy of Resolution No. XIX-2011-179 was served on Atty. Lachica.
Hence, the present Motion for Reconsideration.
Service of decisions must be made upon the counsel on record if a party appears by counsel.[1] Decisions do not become final and executory until there is a proper service on the counsel of the parties.[2]
Rule III, Sec. 2 of B.M. No. 1755[3] provides:
In case a decision is rendered by the BOG that exonerates the respondent or imposes a sanction less than suspension or disbarment, the aggrieved party can file a motion for reconsideration within the 15-day period from notice. If the motion is denied, said party can file a petition for review under Rule 45 of the Rules of Court with this Court within fifteen (15) days from notice of the resolution resolving the motion. If no motion for reconsideration is filed, the decision shall become final and executory and a copy of said decision shall be furnished this Court.
Considering that there has been no proper service of the IBP Resolution No. XIX-2011-179 upon complainant's counsel of record, Atty. Lachica, the case cannot be considered closed and terminated. Complainant may still pursue the remedies available to him pursuant to Rule III, Sec. 2 of B.M. No. 1755.cralaw
WHEREFORE, in view of the foregoing, the Motion for Reconsideration is GRANTED. Let a copy of Resolution No. XIX-2011-179 be furnished to Atty. Lachica. The Integrated Bar of the Philippines is ORDERED to correct the information on the counsel of record of complainant.
Very truly yours,
(Sgd.) TERESITA AQUINO TUAZON
Deputy Division Clerk of Court
Endnotes:
[1] Heirs of Delos Santos v. Del Rosario, 500 Phil. 486 (2005).
[2] Tuazon v. Molina, G.R. No. L-55697, 26 February 1981, 103 SCRA 365.
[3] RE: RULES OF PROCEDURE OF THE COMMISSION ON BAR DISCIPLINE, issued on 17 June 2008.