THIRD DIVISION
[A.C. No. 13379. July 25, 2022.]
JESHER T. TOLEDO, complainant, vs. ATTY. FRANCIS S. CARLOS, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedJuly 25, 2022, which reads as follows:
"A.C. No. 13379 (Jesher T. Toledo, complainant, v. Atty. Francis S. Carlos, respondent). After a judicious review of the records, the Court resolves to ADOPT and APPROVE Resolution No. CBD-XXV-2021-10-09 of the Integrated Bar of the Philippines (IBP) Board of Governors dated 16 October 2021 in CBD Case No. 19-5955 which dismissed the administrative complaint filed by complainant Jesher T. Toledo (Toledo) against respondent Atty. Francis S. Carlos (Atty. Carlos) for violation of Canon 1 and Canon 7 (Rule 7.03) of the Code of Professional Responsibility, but recommended the imposition of a P3,000.00 fine for failure to comply with the Commissioner's directive to submit a position paper despite due notice.
The issue in this administrative complaint filed by Toledo against Atty. Carlos with the IBP Commission on Bar Discipline hinges on a libelous Facebook post he made about the complainant calling him a thief. However, a copy of the said post was never presented by the parties. In administrative cases, the burden of proof lies on the party alleging the same to support his claims by substantial evidence, which Toledo failed to show in this case. Hence, the presumption of innocence in favor of Atty. Carlos must stand. However, this Court finds it appropriate to mete out the penalty of P3,000.00 fine upon Atty. Carlos for his failure to comply with the directive to submit a position paper despite due notice.
Therefore, the Court ADOPTS and APPROVES the Resolution issued by the Integrated Bar of the Philippines Board of Governors.
SO ORDERED."
By authority of the Court:
(SGD.) MISAEL DOMINGO C. BATTUNG IIIDivision Clerk of Court