SECOND DIVISION
[A.C. No. 12965. September 13, 2021.][Formerly UE Case No. 17-079]
JONATHAN SALVADOR, complainant, vs.ATTY. EDGAR R. PERALTA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 13 September 2021which reads as follows:
"A.C. No. 12965 [Formerly UE Case No. 17-079] (Jonathan Salvador v. Atty. Edgar R. Peralta). — Before the Court is a Verified Complaint 1 for disbarment filed by Jonathan Salvador (complainant) against respondent Atty. Edgar R. Peralta (Atty. Peralta) for alleged Dishonesty, Willful Deceit, and Gross Misconduct in violation of Rule 1.01, 2 Canon 1 of the Code of Professional Responsibility (CPR).
In precis, complainant alleges that Civil Case No. 10059, entitled "Municipality of New Washington v. Jonathan R. Salvador"3 was filed against him by the Municipality of New Washington, Aldan (Municipality), through the instigation of Atty. Peralta, the former Mayor of the Municipality. 4
In a Report and Recommendation 5 dated April 25, 2018, Integrated Bar of the Philippines (IBP) Evaluating Commissioner Ethel G. Maraon-Serate recommended the dismissal of the complaint for lack of basis in fact and in law. 6 The recommendation was adopted by the IBP Board of Governors in its Resolution 7 dated October 12, 2019.
The Court resolves to adopt and approve the findings of fact, conclusions of law, and recommendation of the IBP Evaluating Commissioner in the attached Report and Recommendation, 8 as adopted and approved by the IBP Board of Governors. 9 It cannot be over-emphasized that a mere allegation is not evidence and is not equivalent to proof. Charges based on mere suspicion and speculation cannot be given credence. 10 In this case, other than complainant's bare allegations, there is nothing in the record which could hold Atty. Peralta administratively liable. Moreover, complainant failed to attach the alleged "Original," "Subsequent" and "Final" Affidavits which he cited in support of his allegations.
ACCORDINGLY, the Court resolves to ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the IBP Evaluating Commissioner as adopted and approved by the IBP Board of Governors. The Complaint for disbarment filed against Atty. Edgar R. Peralta is DISMISSED for lack of merit. CAIHTE
SO ORDERED." (ROSARIO, J., designated as Additional Member per Special Order No. 2835 dated July 15, 2021).
By authority of the Court:
TERESITA AQUINO TUAZONDivision Clerk of Court
By:
(SGD.) MA. CONSOLACION GAMINDE-CRUZADADeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 2-9.
2. CANON 1 — A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.
RULE 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
3.Rollo, p. 4.
4.Id. at 22.
5.Id. at 22-26.
6.Id. at 26.
7.Id. at 20.
8.Id. at 22-26.
9.Id. at 20.
10.Dillon v. Atty. De Quiroz, A.C. No. 12876, January 12, 2021.