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[A.C. No. 5096.November 24, 1999]

SABITSANA, JR. vs. ATTY. VELASQUEZ, JR.

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated NOV 24, 1999.

A.C. No. 5096(Clemencio Sabitsana, Jr. vs. Atty. Gabino A. Velasquez, Jr.)

Atty. Clemencio C. Sabitsana, Jr. filed the herein complaint for disbarment against respondent Atty. Gabino A. Velasquez, Jr., accusing the latter of having committed, as a notary public, falsification under Art. 171 of the Revised Penal Code by forging the signature of respondent's client, Ronnie Rostata, in the verification of a complaint for damages which respondent had filed against complainants client.

In his comment with motion to treat the same as a separate charge for disbarment, respondent accuses complainant of forum shopping. Respondent alleges that complainant filed the same complaint in this case with the Commission on Bar Discipline of the Integrated Bar of the Philippines (CBD, IBP) where it was docketed as Case No. CBD-99-368. In addition, it is alleged that complainant filed criminal charges of falsification against respondent in the Regional Trial Court, Branch 16, Naval, Biliran (Crim. Case No. N-1956). Furthermore, according to respondent, complainant also filed two charges of indirect contempt against him, one with the Municipal Circuit Trial Court of Caibiran-Culaba, Biliran (Civil Case No. 58) and another one with the RTC, Branch 16 of Naval, Biliran (Civil Case No. B-1046). Both complaints for indirect contempt are based on the same allegations made by respondent in A.C. No. 4824, a disbarment case filed by respondents clients against complainant. As his comment, respondent adopted the counter-affidavit which he filed in CBD-99-368 in the IBP stating that it was actually Ronnie Rostata's father, Romualdo Rostata, who signed his son's name in the verification in question pursuant to a special power of attorney executed in his (Romualdo's) favor.

In his, reply, dated October 5, 1999, complainant alleges that he filed the present complaint in the "mistaken belief" that the IBP would not entertain an identical complaint he had earlier filed there but that when he realized that the latter complaint would be given due course by the IBP, he immediately filed with this Court by registered mail on August 2, 1999 an ex parte motion to withdraw the present complaint or to have the same referred to the IBP. Anent the cases for indirect contempt that he filed against respondent in the MCTC and the RTC, complainant alleges that he did not engage in forum shopping because the allegations in respondent's pleading in A.C. No. 4824 constitute contempt against both courts.

In a supplemental reply, dated October 11, 1999, complainant alleged that Romualdo P. Rostata is being used "as a fall guy by respondent who himself affixed said signature of Ronnie Rostata."

It is not disputed that the complaint in this case is identical with CBD-99-368 which complainant admits was filed by him earlier. Complainant claims that he filed a motion to withdraw the complaint he filed with this Court but no such motion can be found in the records of this case. Nor has he submitted proof of its mailing to this Court. The fact is that the proceedings in this case have proceeded.

For the foregoing reasons, the Court RESOLVED (1) to DISMISS this case as it merely duplicates the proceedings in CBD-99-368 which complainant had filed earlier in the IBP; (2) to GRANT respondent's motion to treat his comment as a separate complaint for disbarment against complainant and to have such complaint docketed; and (3) to REFER it as well as respondent's thereto, dated October 5, 1999, to the IBP for investigation, report, and recommendation/decision within 90 days.

Very truly yours,

(Sgd.) TOMASITA M. DRIS

Clerk of Court

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