THIRD DIVISION
[A.C. No. 11825. November 29, 2017.]
ANTONIO V. OSMEÑA, complainant,vs. ATTY. ANASTACIO T. MUNTUERTO, JR., respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated November 29, 2017, which reads as follows:
"A.C. No. 11825 (Antonio V. Osmeña v. Atty. Anastacio T. Muntuerto, Jr.) — In his Complaint 1 dated September 14, 2012, Antonio V. Osmeña (Osmeña) charges Atty. Anastacio Muntuerto, Jr. (Atty. Muntuerto) with "palpable violation of the Code of Professional Responsibility and grave abuse of his position as a member of the Bar and Officer of the Court." 2 Atty. Muntuerto allegedly made false statements in the pleadings he filed in Civil Case No. MAN-4150. 3
In his Verified Answer 4 dated October 19, 2012, Atty. Muntuerto asserts that he prepared the pleadings in good faith. It was his solemn duty to file the case on behalf of his clients who only wanted to protect their rights over the properties in dispute. He avers that his clients presented documentary evidence to establish their claim. 5
A mandatory conference was held on January 22, 2013 where both parties were required to submit their respective conference briefs. 6
In his Report and Recommendation 7 dated February 27, 2015, investigating Commissioner Jose Alfonso M. Gomos (Investigating Commissioner Gomos) recommends that the complaint be dismissed. He finds that Atty. Muntuerto satisfactorily proved that the allegations claimed to be false were duly supported by evidence and were even based on Osmeña's own admissions. 8
Furthermore, Investigating Commissioner Gomos explains that it would be premature to rule on the truth or falsity of the allegations in Atty. Muntuerto's pleadings in Civil Case No. MAN-4150 considering that the case is still pending in court. The resolution of the issue in the present administrative case would pre-empt the resolution of Civil Case No. MAN-4150. 9
In the Notice of Resolution No. XXI-2015-551 10 dated June 20, 2015, the Integrated Bar of the Philippines Board of Governors resolved to adopt and approve the Report and Recommendation of Commissioner Gomos. 11
Osmeña moved for reconsideration but his Motion was denied in the Notice of Resolution No. XXII-2017-720 12 dated January 26, 2017. 13
The Notice of Resolution No. XXI-2015-551 14 dated 20 June 2015 and Notice of Resolution No. XXII-2017-720 15 dated January 26, 2017 of the Integrated Bar of the Philippines are NOTED. cHDAIS
This Court resolves to ADOPT and APPROVE the findings of fact, conclusions of law, and recommendations of the Investigating Commissioner.
The Complaint against Atty. Anastacio T. Muntuerto, Jr. is DISMISSED. Accordingly, the case is considered CLOSED and TERMINATED.
SO ORDERED."
(Velasco, Jr., J., on official leave. Bersamin, J., designated Acting Chairperson per S.O. No. 2524 dated November 27, 2017.)
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1.Rollo, pp. 2-10.
2.Id. at 2.
3.Id. at 7-9.
4.Id. at 76-97.
5.Id.
6.Id. at 241.
7.Id. at 594-606.
8.Id. at 604.
9.Id. at 605-606.
10.Id. at 593.
11.Id.
12.Id. at 622-623.
13.Id.
14.Id. at 593.
15.Id. at 622-623.