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[A.C. No. 4957.March 14, 2001]

LIM SR. vs. ATTY. APOYA

SECOND DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated MAR 14 2001.

A.C. No. 4957(Vicente Lim, Sr. vs. Atty. Rosalito B. Apoya.)

For consideration is Resolution No. XIV-2000-634 of the Board of Governors of the Integrated Bar of the Philippines dated 30 September 2000 which denied complainant's motion for reconsideration of the Board's Decision dismissing his complaint for lack of merit. The Board stated that it no longer had jurisdiction over the motion for reconsideration as the case was already before this Court. Moreover the pleading was improper as the remedy of the complainant was to file the appropriate motion with the Court within fifteen (15) days from receipt of notice of the decision pursuant to Sec. 12 (c) of Rule 139-B of the Rules of Court.

Section 12 (c) of Rule 139-B provides that "If the respondent is exonerated by the Board or the disciplinary sanction imposed by it is less than suspension or disbarment [such as admonition, reprimand, or fine] it shall issue a decision exonerating respondent or imposing such sanction. The case shall be deemed terminated unless upon petition of the complainant or other interested party filed with the Supreme Court within fifteen (15) days from notice of the Board's resolution, the Supreme Court orders otherwise."

In Halimao v. Villanueva, 1 Adm. Case No. 3825, 1 February 1996, 253 SCRA 1. and reiterated in Pilot v. Zacarias, 2 A.M. No. 4931. Second Division Resolution, dated 21 February 2001. the Court held that while Sec. 12, Rule 139-B, makes no mention of a motion for reconsideration, nothing in its text or in its history suggests that such pleading is prohibited. It may therefore be filed within fifteen (15) days from notice of the assailed decision of the Board. The filing of such motion should be encouraged if only to exhaust administrative remedies before resort is made to this Court. The Board rendering the judgment should be given the opportunity to rectify any error it may have committed.

ACCORDINGLY, the Court Resolves to RETURN the records of this case to the IBP Board of Governors so that it can resolve complainant's motion for reconsideration of IBP Resolution No. XIV-2000-421 dated 29 July 2000. The Indorsement dated 28 October 2000 of IBP Director Victor C. Fernandez forwarding to the Office of the Bar Confidant the additional records of this case is

NOTED.

SO ORDERED.

Very truly yours,

(Sgd.) TOMASITA M. DRIS
Clerk of Court


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