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JurisprudenceA.C. No. 9272

A.C. No. 9272 [Formerly CBD Case No. 12-3503] - VITTORIO C. ROMERO, COMPLAINANT, VS. ATTY. LEO C. ROMERO.D E C I S I O N - Supreme Court E-Library

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accordingly, be meted with the penalty of suspension from the practice of law for a period of three years, with a stern warning that a repetition of the same or similar acts shall be dealt with more severely. [15] In so ruling, the IBP-CBD found substantial evidence to conclude that Atty. Leo violated the aforementioned provisions of the CPR when he committed the following: first , attempted to bribe the private prosecutor in the rape case that Vittorio was pertaining in his Complaint; second , took advantage of his legal knowledge by causing the filing of fabricated criminal casesall filed by his employeesagainst Vittorio; third , filed a baseless petition for guardianship against Vittorio even if he knew that there was nothing medically or mentally wrong with him; fourth , filed an equally baseless habeas corpus petition to gain custody of Aurora, and upon gaining the same, compelled her to reveal her US dollar deposits; fifth , committed various acts which led Aurora to (a) file criminal cases for serious illegal detention, grave threats, and frustrated murder against him, all of which he was able to have dismissed by forcing Aurora to file an affidavit of desistance, (b) issue a press statement detailing the ordeal she suffered from Atty. Leo, and (c) write in her last will and testament that Atty. Leo should be prohibited from attending her wake when she dies. [16] On the other hand, the IBP-CBD found untenable Atty. Leo's denials as they were glaringly without corroborative evidence. [17] In a Resolution [18] dated June 5, 2015, the IBP-Board of Governors (BOG) adopted and approved the IBP-CBD's findings and recommendations in toto . Atty. Leo moved for reconsideration, but the IBP-BOG denied the same through a Resolution [19] dated May 27, 2019. Undaunted, Atty. Leo filed a Rule 45 Petition for Review [20] before the Court. The Issue Before the Court The issue before the Court is whether Atty. Leo should be held administratively liable for the acts complained of. The Court's Ruling The Court adopts the findings and recommendations of the IBP-CBD with modifications, as will be explained hereunder. I. Prefatorily, it is important to note that on April 11, 2023, the Court En Banc unanimously approved A.M. No. 22-09-01-SC or the Code of Professional Responsibility and Accountability (CPRA), repealing the CPR, Sections 20 to 37 of Rule 138, and Rule 139-B of the Rules of Court. Section 3 of the General Provisions of the CPRA states that it "shall take effect fifteen (15) calendar days after its publication in the Official Gazette or any newspaper of general circulation." The CPRA was published in the Philippine Star and Manila Bulletin on May 14, 2023, and hence, already effective on May 30, 2023. [21] In this relation, Section 1 of the General Provisions of the CPRA states that it " shall be applied to all pending and future cases, except to the extent that in the opinion of the [Court], its retroactive application would not be feasible or w