THIRD DIVISION
[A.C. No. 12472. August 7, 2019.][Formerly CBD Case No. 16-4982]
ATTY. GERARDO WILFREDO L. ALBERTO, complainant, vs.ATTY. CHAD RODOLFO M. MIEL, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedAugust 7, 2019, which reads as follows:
"A.C. No. 12472 [Formerly CBD Case No. 16-4982] (ATTY. GERARDO WILFREDO L. ALBERTO, complainant v. ATTY. CHAD RODOLFO M. MIEL, respondent). — This Court notes the May 19, 2018 Resolution 1 of the Integrated Bar of the Philippines Board of Governors, which adopted with modifications the findings of fact and recommendation of the Investigating Commissioner in his June 29, 2017 Report and Recommendation 2 to dismiss the Complaint against respondent Atty. Chad Rodolfo M. Miel. In its Resolution, the Board of Governors resolved to set aside the recommendation to suspend complainant Atty. Gerardo Wilfredo L. Alberto from the practice of law for six (6) months and refer the case to the Commission on Bar Discipline for investigation to afford him his right to due process.
This Court adopts and approves the findings of fact, conclusions of law, and recommendation of the Investigating Commissioner as adopted by the Board of Governors. We set aside the recommendation to suspend complainant from the practice of law for six (6) months. To afford him his right to due process, we refer the charge against him to the Commission on Bar Discipline for investigation.
WHEREFORE, this Court resolves to DISMISS the Complaint against respondent Atty. Chad Rodolfo M. Miel. The recommendation to suspend complainant Atty. Gerardo Wilfredo L. Alberto from the practice of law for six (6) months is SET ASIDE and the charge against him is REFERRED to the Commission on Bar Discipline for investigation to afford him his right to due process.
SO ORDERED."
Very truly yours,
WILFREDO V. LAPITANDivision Clerk of Court
By:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 147-148.
2.Id. at 149-152. The Report and Recommendation was penned by Commissioner Peter M. Bantilan.