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[A.C. No. 5728.� August 31, 2005]
RODA vs. DE DIOS
SECOND DIVISION
Sirs/Mesdames:
Quoted hereunder, for your information, is a resolution of this Court dated AUG 31 2005 .
Adm. Case No. 5728 (Lolita Buot de Roda vs. Atty. Recto A. De Dios.)
For consideration is the Omnibus Motion dated 23 November 2004 filed by the heirs of Lolita Buot de Roda, complainant in the instant case for disbarment against Atty. Recto A. de Dios.
Movants manifest that their mother passed away on 9 September 2004, and that it was the last wish of the late complainant that they continue pursuing the instant case. They thus move that they be substituted as complainants because of their mother's death.
Moreover, the heirs pray that the investigation of the case be conducted by the Integrated Bar of the Philippines (IBP) main office in Manila because according to them they cannot expect a fair and impartial investigation from the IBP Cebu City Chapter. [1] cralaw They base their claim on the following reasons:
a.� the incumbent IBP Cebu City Chapter President, Atty. Democrito Barcenas is the counsel for the defendant-intervenors in Civil Case No. CEB-9429 entitled "Lolita Buot de Roda, et al. v. Corazon Buot, et al." pending before Branch 23, Regional Trial Court of Cebu City. In the said case, Atty. Barcenas conducted the cross-examination on the late Lolita Buot de Roda;
b.� Atty. Barcenas is a close friend of respondent, Atty. De Dios; and
c.� They fear that Atty. Barcenas, in his capacity as chapter president, might manipulate the Investigation to be conducted by the IBP Cebu City Chapter.
Finally, movants claim that since the evidence of the late complainant in the instant case are documentary in nature, they pray that the parties be ordered to submit their respective memoranda and that the instant case be resolved on the basis thereof.
In a Resolution dated 7 February 2005, the Court required the IBP Cebu City Chapter to file its comment to the Omnibus Motion.
In its Comment dated 30 March 2005, the IBP Cebu City Chapter, through its President, Atty. Democrito C. Barcenas, maintain that the latter's friendship with Atty. De Dios will not compromise nor influence the investigation. More importantly, it is not Atty. Barcenas who will investigate the case, but the Chapter's Committee on Bar Discipline, headed by Atty. Gloria L. Dalawampu. Besides, the term of Atty. Barcenas as President of the Chapter will end on 31 March 2005, so he avers.
The Court finds no reason to transfer the investigation of the case from the IBP Cebu City Chapter to the IBP main office in Manila. Movant's apprehensions are based on conjectures and assumption that the friendship between respondent Atty. De Dios and IBP Cebu City Chapter's President, Atty. Barcenas, will influence the outcome of the investigation. There appears no strong basis for such a belief, in view of the present procedure for investigation in the IBP and the explanation of Atty. Barcenas. Besides, considerations of expediency and convenience dictate that the IBP Cebu City Chapter conduct the investigation, as the case involves residents of the said area.
Likewise, there is no basis for the Court to order the parties to submit their memoranda and to resolve the case on the basis thereof. The case has already been referred to the IBP and investigation thereof has accordingly been transferred to the IBP Cebu City Chapter. The Court deems it prudent to let the procedure take its natural course and wait for the resolution of the IBP on the matter. In any case, movants are not without recourse in case an adverse resolution is rendered by the IBP on the complaint. The Rules of Court allows the filing of a petition by the complainant in case the IBP exonerates the respondent or imposes a penalty less than suspension or disbarment. [2] cralaw
WHEREFORE, the movant's Omnibus Motion is GRANTED only insofar as they are substituted for the deceased complainant, Lolita Buot de Roda. All other reliefs prayed for are DENIED.
Very truly yours,
LUDICHI YASAY-NUNAG
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Asst. Clerk of Court
Endnotes:
[1] cralaw On 6 September 2004, the Court directed the IBP Cebu City Chapter to conduct an investigation and submit a report thereon within sixty (60) days from its receipt of the records of the case.
[2] cralaw Sec. 12 (c), Rule 139-B.
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