FIRST DIVISION
[A.C. No. 12155. June 18, 2018.][formerly CBD Case No. 15-4654]
GAUDENCIO A. BARBOZA, JR., petitioner,vs. ATTY. CHRISTINE N. BUGADOR, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 18, 2018which reads as follows: HTcADC
"A.C. No. 12155 [formerly CBD Case No. 15-4654] — Gaudencio A. Barboza, Jr. v. Atty. Christine N. Bugador.
The Notice of Resolution No. XXII-2017-844 01 dated March 1, 2017 of the Board of Governors (BOG) of the Integrated Bar of the Philippines (IBP) is NOTED. Considering that the findings of fact and recommendation of the Investigating Commissioner in the attached Report and Recommendation, as approved by the IBP-BOG, are supported by the evidence on record and by applicable laws, the Court ADOPTS and ACCEPTS these findings and recommendation.
"The Court has consistently held that in suspension or disbarment proceedings against lawyers, the lawyer enjoys the presumption of innocence, and the burden of proof rests upon the complainant to prove the allegations in his[/her] complaint." 2 "[F]or the court to exercise its disciplinary powers, the case against the respondent must be established by convincing and satisfactory proof." 3
Here, it was found that complainant Gaudencio A. Barboza, Jr. failed to substantiate his claims that respondent Atty. Christine N. Bugador violated Canons 1 and 3 of the Code of Professional Responsibility when she (1) notarized a Deed of Sale/Assignment executed by one Anna Myrah G. Tapia (Tapia) and (2) appeared on behalf of Tapia in an Annual Members/Investors meeting of Asian College of Aeronautics, Inc.
ACCORDINGLY, the complaint is DISMISSED for lack of merit.
There being no petition for review filed with the Court per records of the Office of the Bar Confidant, the Court further resolves to DECLARE this case CLOSED and TERMINATED. aScITE
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENA
Acting Division Clerk of Court
Footnotes
1.Rollo, p. 195.
2.Aba v. Atty. De Guzman, Jr., 678 Phil. 588, 601 (2011).
3.Id. at 600, citing Santos v. Dichoso, 174 Phil. 115, 119 (1978) and Noriega v. Sison, 210 Phil. 236, 240 (1983).