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    50 views6 pages

    10890

    Uploaded by

    Marianne Hope Villas

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    © All Rights Reserved
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    @ Republic ofthe Philippines Supreme Court ‘Manila SECOND DIVISION LETECIAG.SIAO, A.C. No, 10890 Complainan, Present PERLAS-BERNABE, 84.1, Chairperson, versus HERNANDO, INTING, DELOS SANTOS, and GAERLAN, J. ATTY. BAYANIS. ATUP, Promulgated Respondent 1 RESOLUTION INTING, J ‘This administrative cae is rote onthe Compl ded July 18,2015, filed hy Letcin G, Sino (Letecia gaint Aty, Bayan S.Atup (At) Atup) before ‘he Court fer alleged violations ofthe Lawyer's ath and Seaton 16, Rule 3 ofthe Rles of Cour. Inher Complain), Lteia alleged thet Any: Atup hal appended fit’ Special Power of Atosney (SPA) purportedly executed in 1999 by the later's fit, Gabriel Yap, Sr. (Gabrie), to the Maton for Reconsideation dated November 15, 2013 tht he filed before the Court of Appeals (CA) inthe ease oF “Geb South Memoria Garden, Gabriel Yop, St etal Leteca Sia, et a.” docketed as CA-G.R. CV No, 020372 Lec leo asserted tha ty. Ap hd filed to fxm infirm the CA that Gabe had aeady passed away within 30 ‘days fom such ct of death in volaon of Sec 16, Rule 3 of the Rules of Cast? Resolton a AC. No, 10890 In his defense, Any. Atup argued that Ltacia hd filed to substantiate ha allewation that the signature of Gabriel appearing on the SPA ad boon forged He ‘explained hat the variation in Gabriel's signenurs as appearing on a contact he signed in 1997 and onthe SPA was not scien basis to conclude thatthe SPA was forgery. Atty. Atop also pointed out that the SPA as @ notarized docame which enjoyed the presumption of repulry and validity.” While Aty. Anpp admit that thee was a delay in informing the CA of Gabe’ ft of deat, he lames tht su dely dd no prejucice Leteca in anyway that would wamant a disciplinary saeion apne him. * ‘The Report are ecommen ation ofthe Imestigaing Commissioner In his Report and Recommencaton® ded March 5, 2018, Investigating Commissioner “Jose Villaweva Cabrera (lvestigting Commision) recommended that Ady Atup be suspended fom the practice of law fora period oF ‘one year” for having deliberately violated Section 16, Rule 3 of the Rules of Court ve esd on she feping mat fe aentinn @e Repet this clit, Gil Yan Se sey lnc on May 1. Deh his know of he xt of deh Tspenien il ‘sprccon nies he aly mega hs etn Ne isting chou washed ad Repent ven hate he Sti poten he pag ht es pti sel or Cal Sapery who wake a x3 Nevertheless, the Investgnting Commissioner found no factual dnd les ‘ses tool ty. Atup abe for malpractice and goss misconduct forte alleged falsification ofthe subject SPA, given Ut (a the SPA dated March 9, 1999 vas a public document that cried with tthe presumption of regularity and vali; (6) the mere difence inthe signatures of Gabel appering on the SPA aed ether ‘document id not prove thatthe SPA was a fgory; and (e) the Integrated Bar of the Philippines (1BP) ~ Commission on Bar Dsspline as nthe rope forum to investigate and resolve Leteci’s allegation that Gabe!’ signature on the SPA had been fae by Ady. tp, Thus, the Investigating Commissioner recommended the dismissal of thse charses against Aty. Ap" Ressltion 3 AC. No, 1800 The Reson of he IBP Boat of Governors In the Notice of Resolution dated June 29, 2018, the IBP -Boerd of Governors resolved to adopt the findings of fact and recommendation of the Investignting Commissioner to impose against Ay. Ata the penal of suspenson fo the practice of law fora period of ane yea However, the IBP Board of Govemors ltr reconsidered its ruling and reduced At \tup's period of susersian fom one year to one moat, inthe atsence of bod ith ae based on the uidelines, per the Notice of Resolution» sated May 28,2019. The Cones Rating Aer careful examination of the records, the Court concurs wi the findings and recommendations of the IBP Board of Govemors Section 16, Rule’ of the Rules of Court provides: SBC. 16 Da opr dy fee — When a ty 02 Pring ion nlc nt Uae xh se ete fis nro nm ec wi iy (0) cy ach Jah of fet own» gh te ree and adie of led gsc or "spent alae of cous! carly wi i cl Pear Scinay actin The bes ot el ay bellowed oes fo th

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