Alindogan, Jr. v. Barican
This is a civil case for disbarment (A.C. No. 8332) decided by the Supreme Court's Second Division on February 17, 2021. The case is against respondent Atty. Fernando T. Barican, who is alleged to have committed misconduct in a previous case. However, the Court dismissed the complaint due to the death of the respondent. The Court took notice of various news reports stating that Atty. Barican had passed away in October 2014, and found sufficient basis to dismiss the complaint despite the non-submission of a death certificate. The Court held that in personal actions such as disbarment, the right of action dies with the person, and thus it may no longer exercise jurisdiction over the case.
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SECOND DIVISION
[A.C. No. 8332. February 17, 2021.]
ANTONINO L. ALINDOGAN, JR., complainant,vs. ATTY. FERNANDO T. BARICAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated17 February 2021which reads as follows:
"A.C. No. 8332 (Antonino L. Alindogan, Jr. v. Atty. Fernando T. Barican). — The death of the respondent in a disbarment complaint renders the case moot and academic. 1 For in personal actions such as disbarment, the right of action dies with the person. Actio personalis moritur cum persona. 2
Thus, in Guevara v. Calalang, 3 the death of respondent Maximo Calalang on August 8, 1978 mooted the complaint against him. Similarly, Lazaro v. Sagun4 was dismissed in view of therein respondent's untimely demise. Finally, in Re: Rivera, 5 the Court deemed the case closed and terminated in view of the death of respondent Nestor C. Rivera.
Here, despite the non-submission of the death certificate of respondent Atty. Fernando T. Barican, the Court finds sufficient basis to dismiss the present complaint.
The Court takes judicial notice of the fact that various news outlets including the Philippine Daily Inquirer, 6 the Manila Times, 7 ABS-CBN News, 8 Rappler 9 and the Philippine Star 10 had reported respondent's death in October 2014. DETACa
There is no mistaking that the Atty. Fernando "Jerry" T. Barican referred to in the news, on the one hand, and respondent Atty. Fernando T. Barican herein, on the other, refer to one and the same person. Respondent, after all, was a prominent political figure, having served as presidential spokesperson to former president Joseph Ejercito Estrada. The news also mentioned his other credentials such as Harvard graduate, activist, co-founder of LABAN, as well as his work in the banking industry where he met complainant Antonino L. Alindogan, Jr.
All told, the Court is convinced that respondent had shuffled off his mortal coil. In light of this supervening event, the Court may no longer exercise jurisdiction over the present complaint. 11 HEITAD
ACCORDINGLY, the complaint for disbarment against Atty. Fernando T. Barican is DISMISSED.
SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Guevara v. Calalang, 202 Phil. 328-332 (1982).
2.Pelejo v. Zaballero, 208 Phil. 390-392 (1983).
3. 202 Phil. 328-332 (1982).
4. 168 Phil. 259-261 (1977).
5. A.C. No. 10874 (Notice), December 2, 2015.
6.https://newsinfo.inquirer.net/642641/jerry-barican-activist-leader-dies-at-66 last accessed on February 1, 2021, 4:30PM.
7.https://www.manilatimes.net/2014/10/05/news/top-stories/palace-mourns-death-jerry-barican/132040/ last accessed on February 1, 2021, 4:30PM.
8.https://news.abs-cbn.com/nation/10/05/14/barican-ex-erap-spokesman-dies last accessed on February 1, 2021, 4:30PM.
9.https://r3.rappler.com/nation/71024-jerry-barican-dies last accessed on February 1, 2021, 4:30PM.
10.https://www.philstar.com/lifestyle/sunday-life/2014/10/12/1379051/brilliant-star-crossed-life-jerry-barican last accessed on February 1, 2021, 4:30PM.
11. See Caoile v. Macaraeg, 720 Phil. 578, 585 (2015).
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