SPECIAL SECOND DIVISION
[A.C. No. 12161. June 28, 2021.][Formerly CBD 14-4390]
GUILLERMO VILLANUEVA, REPRESENTING UNITED COCONUT PLANTERS LIFE ASSURANCE CORP., petitioner, vs.ATTY. BONIFACIO A. ALENTAJAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Special Second Division, issued a Resolution dated 28 June 2021 which reads as follows: HTcADC
"A.C. No. 12161 [Formerly CBD 14-4390] (Guillermo Villanueva, representing United Coconut Planters Life Assurance Corp. v. Atty. Bonifacio A. Alentajan). — On October 2, 2014, United Coconut Planters Life Assurance Corp. (COCOLIFE), represented by Guillermo Villanueva (Villanueva), filed a Complaint for Disbarment 1 against Atty. Bonifacio A. Alentajan (respondent) before the Integrated Bar of the Philippines (IBP). The Complaint averred that respondent is guilty of forum shopping when the verification/certification of the complaint filed before the Regional Trial Court (RTC), Branch 90 of Quezon City for reconveyance of title failed to state that respondent's client had already commenced an action for the same subject property between the same parties and involving the same issues.
On June 30, 2015, the Report and Recommendation 2 of the Investigating Commissioner Honesto A. Villamor found respondent guilty of violating Rule 10.03, Canon 10, and Rule 12.04, Canon 12 of the Code of Professional Responsibility (CPR), and Section 5, Rule 7 of the Rules of Court. The Investigating Commissioner recommended respondent's suspension from the practice of law for three (3) months with a warning that a repetition of the same offense shall be dealt with more severely.
On June 17, 2017, the IBP-Board of Governors (Board) adopted and approved the Report and Recommendation to suspend respondent from the practice of law for three (3) months.
On June 8, 2020, the Court promulgated a Decision 3 adopting the findings of the IBP. The dispositive portion of the Decision reads thus:
WHEREFORE, Atty. Bonifacio A. Alentajan is found GUILTY of violating Canon 1, Rule 10.03 of Canon 10, and Rules 12.02 and 12.04 of Canon 12 of the Code of Professional Responsibility. Accordingly, he is hereby SUSPENDED from the practice of law for a period of three (3) months effective upon receipt of this Decision, with a STERN WARNING that a repetition of the same or similar acts will be dealt with more severely.
Atty. Alentajan is DIRECTED to immediately file a Manifestation to the Court that his suspension has started, copy furnished all courts and quasi-judicial bodies where he has entered his appearance as counsel.
Let a copy of this Decision be furnished the Office of the Bar Confidant to be entered in Atty. Alentajan's personal record as a member of the Philippine Bar. Further, let copies of this Decision be furnished the Integrated Bar of the Philippines and the Office of the Court Administrator, which is directed to circulate them for their information and guidance.
SO ORDERED. 4
On June 24, 2020, a Manifestation of Death with a Copy of Death Certificate 5 was filed informing the Court that respondent had passed away on November 1, 2018.
Thus, the Court notes the Manifestation of Death and accordingly recalls its June 8, 2020 Decision. The death of the respondent in a disbarment complaint warrants the dismissal of the case. For in personal actions such as disbarment, the right of action dies with the person. Actio personalis moritur cum persona.6
ACCORDINGLY, the Court RESOLVES to RECALL the June 8, 2020 Decision and DISMISS the case against respondent Atty. Bonifacio A. Alentajan in view of his demise. The case is considered CLOSED and TERMINATED.
SO ORDERED."
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. 2-15.
2.Id. at 402-405.
3.Id.
4.Id.
5.Id., Annex A.
6. See Alindogan, Jr. v. Barican, A.C. No. 8332, February 17, 2021.