THIRD DIVISION
[A.C. No. 10597. July 3, 2019.]
PS/SUPT. ROMUALDO P. IGLESIA, PC/INSP. EDUARDO N. MARA, PS/INSP. JOSELITO J. LERION, ET AL., complainants, vs.ATTY. JOSE ERMIE A. MONSANTO, 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. 10597 (PS/Supt. Romualdo P. Iglesia, PC/Insp. Eduardo N. Mara, PS/Insp. Joselito J. Lerion, et al. v. Atty. Jose Ermie A. Monsanto). — For resolution is a Joint Complaint Affidavit 1 filed by PS/Supt. Romualdo P. Iglesia, PC/Insp. Eduardo N. Mara, PS/Insp. Joselito J. Lerion, SPO4 Edwin E. Galan, and PO1 Alex S. Bacani against Atty. Jose Ermie A. Monsanto (respondent) for violations of Republic Act No. 3019 (paragraph [i], Section 3), the Revised Penal Code (paragraph 6 of Article 172, Article 183, and Article 184), and Presidential Decree No. 1829 (paragraphs b and f). On January 14, 2015, the Court resolved to require respondent to comment on the complaint against him. 2 HTcADC
The Report and Recommendation 3 of Investigating Commissioner Eduardo R. Robles, Integrated Bar of the Philippines (IBP)-Commission on Bar Discipline, dated December 8, 2016 is as follows:
REPORT AND RECOMMENDATION
The Complainants herein are officers of the Philippine National Police. They brought this petition for disbarment against Atty. Jose Ermie A. Monsanto, a supervising agent of the National Bureau of Investigation (Region 7).
The main beef is that the Respondent (Monsanto) introduced/offered fabricated evidence against them (Complainants) in the course of the investigation of cases [multiple murder and frustrated murder] against them [Complainants] lodged before the Cebu Prosecutor's Office [docketed as NPS Docket No. 14D-0437].
Interestingly, the Verification and Certification portion of the Joint Complaint Affidavit [executed by the Complainants herein] contains the following sworn averments:
"1. We are the complainants for Disbarment against Supervising Agent Atty. Jose Ermie A. Monsanto in the above-entitled case;
"2. We have prepared the foregoing administrative complaint, read the same, and that the allegations contained therein are true and correct based on our personal knowledge and authentic records;
"3. We have initiated a criminal and administrative complaint against Atty. Monsanto before the Office of the Ombudsman on July 10, 2014 under docket No. IC-OC-14-0724, arising from the same factual basis. Copy of the said complaint is attached hereto as Annex "Y" to form an integral part hereof."
The Complainants have not adduced any authoritative finding of any governmental agency/tribunal that would indicate that the evidence introduced/offered in the investigation of NPS Docket No. 14D-0437 by the Cebu Prosecutor's Office was indeed fabricated. CAIHTE
The Complainant's conclusion that such evidence introduced/offered in the course of the investigation of NPS Docket No. 14D-0437 was fabricated has remained unsubstantiated for the Complainants failed to support such conclusion by any proof whatsoever. We only have the Complainant's word for it.
The Complainants have not indicated either what the Office of the Ombudsman had found in connection with the supposed "fabricated" evidence.
What unmistakably appears now is that the Complainants would have at least three (3) platforms or stages in use simultaneously, from where to explain their side. They would have this Commission on Bar Discipline, the Cebu Prosecutors' Office and the Office of the Ombudsman. That would be unseemly.
Upon the foregoing, it is recommended that the complaint be dismissed. No cogent reason exists here to proceed against the Respondent.
RESPECTFULLY SUBMITTED. 4
In Resolution No. XXII-2017-911 5 dated April 19, 2017, the Board of Governors of the IBP adopted and approved the Report and Recommendation of the Investigating Commissioner dismissing the case due to lack of merit.
Finding the recommendation of the IBP to be fully supported by the evidence on record and applicable laws, the Court RESOLVES to DISMISS the case against Atty. Jose Ermie A. Monsanto and consider the same as CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 1-13.
2.Id. at 116.
3.Id. at 133-134.
4.Id.
5.Id. at 131-132.