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[A.C. No. 4064.December 12, 2001]

TUVERA vs. ATTY. BALCE

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated DEC 12 2001.

A.C. No. 4064(Alejandro Tuvera, et al. vs. Atty. Edilberto Balce.)

For consideration are (1) the Compliance, dated October 20, 2001, filed by Hon. Julio C. Elamporo, Commissioner on Bar Discipline of the Integrated Bar of the Philippines, and (2) the Manifestation, dated October 3, 2001, filed by respondent Atty. Edilberto Balce.

In a resolution, dated August 22, 2001, this Court required the Integrated Bar of the Philippines (IBP) to submit a status report on this case within five (5) days from notice hereof.

In compliance with the resolution, Commissioner Elamporo states that

(a) On April 5, 2000, respondent filed an Urgent Motion for Suspension of Action on the ground that there is a pending criminal case before [the] Regional Trial Court, Branch 12 of Manila involving the same set of facts.Hence, respondent claims that a prejudicial question is involved.Complainant filed his comment thereto.

(b) On April 26, 2000, the undersigned Commissioner issued an Order granting the motion for suspension of action with an instruction that "The parties are hereby ordered to notify this Office of the decision to be rendered in said cases immediately, upon their receipt thereof."

(c)Up to this time, the undersigned has not received any information regarding the said criminal case.

On the other hand, respondent, in a manifestation, dated October 3, 2001, states that the Honorable Commission on Bar Discipline has suspended further proceedings on this case.The apparent purpose was to await the outcome of People v. Isabel Salvador, Criminal Case No. 92-108569 and 92-108570 (RTC 12, Manila).In the latter cases, the Honorable Trial Court has rendered judgment which did not find [nor] touch of wrongdoing or impropriety on the part of the undersigned.An appeal has been taken from the trial court's verdict and this presently pends as Spouses Alejandro and Juanita Tuvera v. Virginia Buenviaje, et al., CA G.R. CV No. 70900.

Without passing on the propriety of suspending the proceedings in this case in order to await the decision in a criminal case, the Court finds no reason for the further delay in the investigation of this case since it appears from the manifestation of respondent that the criminal case has already been decided.

Accordingly, the Court RESOLVED to grant the IBP Commission on Bar Discipline ninety (90) days from receipt hereof to finish its investigation and to submit its report and recommendation.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court

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