FIRST DIVISION
[A.C. No. 13275. July 18, 2022.]
LOURDES TINIO, complainant,vs. ATTY. NICHOLAS A. AQUINO, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution dated July 18, 2022 which reads as follows:
"A.C. No. 13275 [formerly CBD Case No. 16-4925] (Lourdes Tinio v. Atty. Nicholas A. Aquino) — After a judicious review of the records, the Court RESOLVES to:
(1) NOTE the NOTICE OF RESOLUTION 1 NO. XXII-2017-1239 dated June 17, 2017 of the Integrated Bar of the Philippines Board of Governors (IBP-BOG) which approved and adopted with modification the Report and Recommendation 2 dated 22 November 2016 of the Investigating Commissioner which found Atty. Nicholas A. Aquino guilty of violation of the Lawyer's Oath and as an officer of the court, and reduced the recommended penalty of suspension from the practice of law from two years to six months;
(2) ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the IBP-BOG in NOTICE OF RESOLUTION3dated September 14, 2018 which dismissed the case, and imposed upon Atty. Nicholas A. Aquino a fine of P5,000.00 for failure to appear during the mandatory conference and to file the mandatory conference brief; and
(3) ADOPT and APPROVE the findings of fact, conclusions of law, and recommendation of the IBP-BOG in NOTICE OF RESOLUTION4 NO. CBD-2021-05-30 dated May 22, 2021 which resolved to deny the motions for reconsideration filed by Lourdes Tinio and Atty. Nicholas A. Aquino, there being no new reason and/or new argument adduced to reverse the previous findings and resolutions of the Board of Governors.
The Petition for Review on Certiorari filed by Lourdes Tinio is NOTED. Pursuant to the ruling in Festin v. Atty. Zubiri, 5 the Court reiterates that the filing of a petition for review does not conform with the standing procedure for the investigation of administrative complaints against lawyers under Rule 139-B of the Rules of Court, as amended by Bar Matter No. 1645, 6 and is unnecessary.
Accordingly, the Verified Complaint for disbarment filed against Atty. Nicholas A. Aquino is DISMISSED for lack of merit.
Further, Atty. Nicholas A. Aquino is meted out a FINE in the amount of P5,000.00 for disobedience to the orders of the Integrated Bar of the Philippines Commission on Bar Discipline.
Payment shall be made within ten days from receipt of this Resolution. Atty. Nicholas A. Aquino is DIRECTED to submit to the Court proof of payment of the fine within ten days from payment.
Let a copy of this Resolution be furnished to the Office of the Bar Confidant to be entered into Atty. Nicholas A. Aquino's records. TCAScE
SO ORDERED."
By authority of the Court:
(SGD.) LIBRADA C. BUENADivision Clerk of Court
By:
MARIA TERESA B. SIBULODeputy Division Clerk of Court
Footnotes
1.Rollo, p. 226.
2.Id. at 227-232.
3.Id. at 368.
4.Id. at 432.
5. 811 Phil. 1 (2017).
6. "Re: Amendment of Rule 139-B" dated October 13, 2015.