FIRST DIVISION
[A.C. No. 12117. June 18, 2018.]
IRENEO C. QUIZON, petitioner,vs. ATTY. JONNEL D. ESPALDON, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 18, 2018which reads as follows: IDaEHC
"A.C. No. 12117 [formerly CBD Case No. 11-3083] — Ireneo C. Quizon v. Atty. Jonnel D. Espaldon.
The Notice of Resolution No. XXII-2017-805 1 dated January 27, 2017 of the Board of Governors (BOG) of the Integrated Bar of the Philippines (IBP) is NOTED. Considering that the findings of fact and recommendation of the Director of the Commission on Bar Discipline, Integrated Bar of the Philippines in the attached Extended Resolution are supported by the evidence on record and by applicable laws, the Court ADOPTS and ACCEPTS these findings and recommendation.
"The Court has consistently held that in suspension or disbarment proceedings against lawyers, the lawyer enjoys the presumption of innocence, and the burden of proof rests upon the complainant to prove the allegations in his[/her] complaint." 2 "[F]or the court to exercise its disciplinary powers, the case against the respondent must be established by convincing and satisfactory proof." 3
Here, it was found that respondent Atty. Jonnel D. Espaldon only filed one (1) case against complainant Ireneo C. Quizon, contrary to the latter's allegation that respondent filed multiple actions against him. The IBP also ruled that respondent did not instigate his client, Ferrotech Steel Corporation (Ferrotech), to file the other criminal cases against complainant based on the following facts: (1) respondent was not a board member or a stockholder of Ferrotech, and, (2) he did not participate in any of Ferrotech's board meetings wherein court cases to be filed were decided.
ACCORDINGLY, the instant complaint against Atty. Jonnel D. Espaldon is DISMISSED for lack of merit.
There being no petition for review filed with the Court per records of the Office of the Bar Confidant, the Court further resolves to DECLARE this case CLOSED and TERMINATED.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Rollo, p. 246.
2.Aba v. Atty. De Guzman, Jr., 678 Phil. 588, 601 (2011).
3.Id. at 600, citing Santos v. Dichoso, 174 Phil. 115, 119 (1978) and Noriega v. Sison, 210 Phil. 236, 240 (1983).