A.C. No. 13752 (Formerly CBD Case No. 18-5596) - CAROLINA BAUTISTA-PANGILINAN, REPRESENTED BY MIRIAM B. BUSTAMANTE, COMPLAINANT, VS. ATTY. ENGRACIO M. ICASIANO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises duly considered, that this case be dismissed for lack of merit. RESPECTFULLY SUBMITTED. [29] The IBP CBD Investigating Commissioner found that: (1) the allegation regarding land grabbing activities is a mere statement without proof or evidence to support it; (2) the instant complaint filed by Bustamante for complainant does not carry with it any Special Power of Attorney issued in her favor; and (3) there was no forum shopping as the MeTC Decision is a void judgment. [30] Resolution of the IBP Board of Governors In Resolution No. CBD-XXV-2022-04-24 [31] passed on April 23, 2022, the IBP Board of Governors (BOG) resolved as follows: RESOLVED, to REVERSE, as it is hereby REVERSED, the Report and Recommendation of the Investigating Commissioner, and to recommend instead the imposition upon Respondent Atty. Engracio Icasiano of the penalty of SUSPENSION from the practice of law for THREE (3) MONTHS ; and RESOLVED FURTHER, to direct the Commission on Bar Discipline to prepare an Extended Resolution explaining the recommendation of the Board of Governors in this case, which shall be appended to this resolution. [32] (Emphasis in the original) In its Extended Resolution, [33] the IBP BOG found Atty. Icasiano guilty of forum shopping. It found that the two petitions that Atty. Icasiano filed before the RTC both assailed the MeTC's grant of Pangilinan's writ of execution of the MeTC Decision, and that the Second Petition was filed while the First Petition was pending. The IBP BOG also noted that Atty. Icasiano was found guilty of forum shopping in the November 17, 2016 RTC Decision. [34] Since the records do not show that the November 17, 2016 RTC Decision [35] was appealed, the finding of forum shopping stands. Even if there is no intent to commit forum shopping, the records would prove that Atty. Icasiano committed abuse of proceedings. The Court's Ruling After a judicious review of the records, the Court agrees with the findings of the IBP BOG, except as to the recommended penalty. We agree that respondent committed forum shopping. Forum shopping is the repetitive availment of several judicial remedies in different courts, simultaneously or successively, all substantially founded on the same transactions and the same essential facts and circumstances, and all raising substantially the same issues either pending in or already resolved adversely by some other court. [36] The ultimate standard in the determination of forum shopping is the vexation caused the courts and parties-litigants by a party who asks different courts and/or administrative agencies to rule on the same or related causes and/or grant the same or substantially the same reliefs, in the process creating the possibility of conflicting decisions being rendered by the different fora upon the same issues. [37] It is undisputed that respondent filed two separate but similar petitions for certiorari [38] questioning two orders of Acting Presiding Judge Evelyn M. Pascua-Lee (