SECOND DIVISION
[A.C. No. 11384. March 13, 2019.]
FRANCISCO G. GODINEZ, petitioner,vs. ATTY. CORAZON C. CHAVEZ, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated13March 2019which reads as follows:
"A.C. No. 11384 (Francisco G. Godinez v. Atty. Corazon C. Chavez)
This administrative case stemmed from an Affidavit of Complaint, 1 dated 22 January 2010, filed by Francisco G. Godinez against respondent Atty. Corazon C. Chavez for Misconduct.
Pending the resolution of the case, the Court, through the Third Division, issued a Resolution, dated 10 February 2016, in G.R. No. 216027, which states:
G.R. No. 216027 (Office of the Ombudsman vs. Corazon Chavez). — Considering the allegations, issues and arguments presented, the Court finds that petitioner failed to sufficiently show that the Court of Appeals (CA) committed any reversible error in its assailed Decision dated June 25, 2014 and Resolution dated December 23, 2014 as to warrant the exercise of the Court's appellate jurisdiction.
In the assailed Decision, however, herein respondent was found guilty of Inefficiency and Incompetence and was meted out the penalty of one (1)-year suspension without pay. The CA disposed of the case in this wise:
WHEREFORE, the instant Petition is PARTLY GRANTED. The Decision dated April 25, 2008 and Order dated November 3, 2009 of the Office of Ombudsman are REVERSED and SET ASIDE. Petitioner Corazon C. Chavez is found guilty of INEFFICIENCY and INCOMPETENCE in the performance of official duties and is hereby SUSPENDED for one (1) year without pay beginning from the finality of this Decision.
SO ORDERED.
Pending the resolution of the instant petition, respondent passed away.
IN VIEW OF THE FOREGOING, due to the demise of respondent, the instant petition is DISMISSED. The case is CLOSED and TERMINATED. (Peralta, J., no part due to his spouse CA Justice Fernanda Lampas-Peralta's concurrence in the assailed CA Decision and Resolution; Leonen, J., designated additional Member per Raffle dated January 26, 2016)
SO ORDERED. 2
Sections 1 and 2, Rule 129 of the Revised Rules of Court provide that certain facts need not be proved because they are judicially noticed by the Courts. In Lopez v. Sandiganbayan, 3 we held that judicial notice takes the place of proof and is equally as persuasive as actual evidence presented, whether testimonial or documentary.
In G.R. No. 216027, the Court learned that Atty. Corazon C. Chavez succumbed to an illness and died 4 on 12 August 2015 as evidenced by a copy of the Certificate 5 of Death furnished by Atty. Chavez's counsel, Atty. Ronald B. Bagasbas.
In the present case, there is an unreturned and unserved Notice of Mandatory Conference/Hearing dated 20 September 2010 sent by the Integrated Bar of the Philippines addressed to Atty. Domingo B. Floresta, the counsel of record of Atty. Corazon C. Chavez. The reason given was "RTS, Deceased." Thus, we could not anymore require the counsel of record to inform the Court of respondent's reported demise. Also, the address of respondent Atty. Corazon C. Chavez indicated in her Urgent Motion to Re-open Case dated 3 February 2012 was 633 San Francisco St., Manuyo, Las Piñas City, the same address of Atty. Corazon C. Chavez in G.R. No. 216027.
From the records, the Atty. Corazon C. Chavez in G.R. No. 216027 and the respondent Atty. Corazon C. Chavez in the present administrative case are one and the same. 6
Thus, due to the demise of respondent, this administrative case is DISMISSED. The case is CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-4. Filed with the Commission on Bar Discipline of the Integrated Bar of the Philippines and docketed as CBD Case No. 10-2605.
2.Rollo (G.R. No. 216027), pp. 269-270.
3. 319 Phil. 387, 389 (1995).
4.Office of the Ombudsman v. Corazon Chavez, G.R. No. 216027, rollo, p. 252.
5.Id. at 258.
6. See signatures of Atty. Corazon C. Chavez in A.C. No. 11384, rollo, pp. 5, 14, 25, 28, 32, 37, 39, 41, 46, 55, 58, and 62; and in G.R. No. 216027, rollo, pp. 52, 53, 54, 62, 71, 73, 79, and 80. Atty. Chavez's Philippine Bar Roll No. is 26508. She was a former Register of Deeds in the cities of Las Piñas (G.R. No. 216027) and San Juan (see also Atty. Corazon C. Chavez v. Renato Garcia and the Office of the Ombudsman, G.R. No. 195054, 4 April 2016).