THIRD DIVISION
[A.C. No. 12362. July 3, 2019.]
ROBIELYN S. BASIGSIG, complainant, vs.ATTY. MARK DAVID I. AQUINO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 3, 2019, which reads as follows:
"A.C. No. 12362 (Robielyn S. Basigsig v. Atty. Mark David I. Aquino). — For resolution is a Complaint for Disbarment 1 filed by complainant Robielyn Santos Basigsig against respondent Atty. Mark David I. Aquino before the Integrated Bar of the Philippines (IBP) for violation of Lawyer's Oath and Rule 10.03 of the Code of Professional Responsibility.
The Report and Recommendation 2 of Assistant Director Juan Orendain Buted, Integrated Bar of the Philippines-Commission on Bar Discipline (IBP-CBD) dated November 10, 2016 are as follows: HTcADC
REPORT AND RECOMMENDATION
The Charges
Complainant is the spouse of one Joey Costan Basigsig (hereinafter, "Joey"), an overseas contract worker based in Korea. She charges respondent with violation of the Lawyer's Oath and Rule 10.03 of the Code of Professional Responsibility for representing Joey as counsel and having filed on the latter's behalf a case for Adultery against her. Complainant claims that the Complaint-Affidavit for Adultery which was executed by respondent on Joey's behalf is a violation of the laws on criminal procedure since adultery is a private crime which can only be filed by the offended spouse. Moreover, complainant asserts that respondent's authority was limited to filing an annulment case against her.
Recommendation
The records indicate that Joey had executed a Special Power of Attorney on December 1, 2015 authorizing the Castillo Aquino & Associates Law Offices c/o ATTY. MARK DAVID I. AQUINO to file, represent him and act on his behalf on matters pertaining to the annulment case 'Petition for nullity of marriage between Joey Costan Basigsig and Robielyn Cruz Santos.' Such power of attorney appears to have been duly authenticated before the Philippine Embassy at Seoul, Korea.
Respondent had apparently exceeded his authority which was limited to filing an annulment case, but his complaint for adultery merely demonstrates his overzealousness in advancing his client's cause. While adultery is a private offense and can only be prosecuted by the offended spouse, the respondent's act of filing the criminal complaint on Joey's behalf cannot be construed as a malicious attempt to misuse the rules of procedure. The effect of respondent's representation in this regard is best left to the appreciation of the office where the criminal complaint was filed.
The acts complained of do not tend to lessen in any degree the public confidence in the fidelity, honesty and integrity of the legal profession, and as such, there exists no cogent reason to entertain the complaint. The undersigned therefore recommends that the case be dismissed at the onset.
Respectfully submitted. 3
In Resolution No. XXII-2017-751 4 dated January 26, 2017, the Board of Governors of the IBP adopted and approved the Report and Recommendation of the Investigating Commissioner and, likewise, dismissed the complaint. CAIHTE
IN VIEW OF THE FOREGOING, finding the recommendation of the Integrated Bar of the Philippines to be fully supported by the evidence on record and applicable laws, the Court RESOLVES to DISMISS the case against Atty. Mark David I. Aquino and consider the same as CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-4.
2.Id. at 29-30.
3.Id. (Citations omitted)
4.Id. at 27-28.