Alivio v. Jacinto

FIRST DIVISION

[A.C. No. 12022. April 18, 2018.][Formerly CBD Case No. 14-4394]

RICARLITO ALIVIO, complainant, vs.ATTY. JOSEPH NOLAN H. JACINTO, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedApril 18, 2018which reads as follows: AScHCD

"A.C. No. 12022 [formerly CBD Case No. 14-4394] — Ricarlito Alivio vs. Atty. Joseph Nolan H. Jacinto

The Notices of Resolution Nos. 1) XXII-2016-194 dated February 25, 2016 which adopted and approved the attached Commissioner's Report dated October 15, 2015 recommending the dismissal of the complaint against respondent for lack of merit and; 2) XXII-2017-1268 dated April 20, 2017 which denied complainant's Motion for Reconsideration, both rendered by the Board of Governors of the Integrated Bar of the Philippines (IBP) are NOTED.

Considering that the findings of fact and recommendation of the Investigating Commissioner in the attached Report and Recommendation as approved by the IBP Board of Governors are supported by the evidence on record and by applicable laws, the Court ADOPTS and ACCEPTS these findings and recommendation to dismiss the complaint against Atty. Joseph Nolan H. Jacinto due to lack of evidence. It is stressed that "In administrative cases against lawyers, the quantum of proof required is preponderance of evidence which the complainant has the burden to discharge." 1

ACCORDINGLY, the Manifestation dated January 7, 2018 of complainant, which the Court treats as a Petition for Review, is hereby DENIED. This case is declared CLOSED and TERMINATED.

SO ORDERED." (Sereno, C.J., on leave; De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2540 dated February 28, 2018).

 

Very truly yours,

(SGD.) LIBRADA C. BUENADeputy Division Clerk of Court

 

Footnotes

1.Solidon v. Macalalad, A.C. No. 8158, February 24, 2010, 613 SCRA 472, 476.