Lazarte v. Urbina

FIRST DIVISION

[A.C. No. 12479. June 3, 2019.][Formerly CBD Case No. 15-4533]

ALFREDO LAZARTE AND LUCIANO PENID, petitioners, vs.ATTY. EVARISTO B. URBINA, respondent.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedJune 3, 2019which reads as follows:

"A.C. No. 12479 [Formerly CBD Case No. 15-4533] (Alfredo Lazarte and Luciano Penid v. Atty. Evaristo B. Urbina). — After review of the records, the Court resolves to DISMISS the complaint for failure to sufficiently show that the Integrated Bar of the Philippines (IBP) Board of Governors committed any reversible error in adopting the factual finding of the Investigating Commissioner of the IBP Commission and dismissing petitioner's complaint for disbarment.

Considering the serious consequences of the disbarment or suspension of a member of the Bar, the Court has consistently held that clearly preponderant evidence is necessary to justify the imposition of administrative penalty on a member of the Bar. 1 After a careful perusal of the records, the Court finds no evidence showing that respondent Atty. Evaristo B. Urbina received the amount of P262,000.00 from petitioner Alfredo Lazarte and the amount of P155,000.00 from petitioner Luciano Penid. Three of the receipts presented by petitioner Penid appear to be spurious as these were not official receipts issued by Urbina & Associates Law Office and Atty. Urbina denied signing the same. It is likewise noteworthy that petitioner did not file any motion for reconsideration of the INP Board of Governor's Report and Recommendation, considering that they stand to lose a large amount of money if their allegations were true. Indeed, the power to disbar must be exercised with great caution and may be imposed only in a clear case of misconduct that seriously affects the standing and the character of the lawyer as an officer of the Court and as a member of the Bar. 2 Since the petitioners failed to substantiate their imputation of extortion against Atty. Urbina, the Court finds no ground to warrant his disbarment.

WHEREFORE, the Court ADOPTS the findings of fact and conclusions of law of the Investigating Commissioner and the Integrated Bar of the Philippines' Board of Governors and AFFIRMS the report and recommendation dismissing the complaint for disbarment filed by petitioners against respondent.

The Notice of Resolution dated June 29, 2018 of the Integrated Bar of the Philippines' Board of Governors which adopted the findings of fact and recommendation of the Investigating Commissioner in his report dated July 14, 2017 dismissing the complaint, transmitted by letter dated January 28, 2019 of Director Marlou B. Ubano, Integrated Bar of the Philippines' Commission on Bar Discipline, together with the records and compact disc containing the PDF file of the case is NOTED.

SO ORDERED."Carandang, J., on official leave.

Very truly yours,

(SGD.) LIBRADA C. BUENADivision Clerk of Court

 

Footnotes

1.Francis v. Abdon, A.C. No. 10031, July 23, 2014, 730 SCRA 341, 349; citing Aba v. De Guzman, Jr., A.C. No. 7649, December 14, 2011, 662 SCRA 361.

2.Id. at 353; citing Alitagtag v. Garcia, A.C. No. 4738, June 10, 2003, 403 SCRA 335.