A.C. No. 6590 - JESUS M. FERRER, COMPLAINANT, VS. ATTY. JOSE ALLAN M. TEBELIN.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly called the attention of Global Link, through one Mr. Bongalos, sometime in the last week of January 2002, regarding the claim of complainant but he received no word from Global Link, prompting him to send a demand letter [7] dated February 20, 2002 to it, photocopy of which letter he attached to his Answer. Respecting complainants allegation that he (respondent) would always hang up the telephone whenever complainant called him, respondent denied the same, he asseverating that complainant never called him up, albeit his (complainants) daughter called him up and it was to her that he explained that Global Links reply to the demand for payment of damages had to be awaited first. Respondent did deny too having abandoned complainants case, he advancing that he in fact prepared a draft of a complaint [8] dated January 15, 2002 against Global Link a copy of which he also attached to his Answer. Respondent nevertheless proffered that he was willing to return the P5,000.00 and complainants records of the case. Complainant, in a pleading entitled COMPLAINANTS ANSWER AND COMMENTS TO ANSWER OF RESPONDENT, [9] manifested that he welcomed and appreciated respondents offer to return the P5,000.00 as that is the very intention under the sound discretion of the Honorable Commission on Bar Discipline (sic). The IBP-CBD set the case for hearing on March 13, 2003 during which respondent, who was the only one who showed up, furnished the IBP-CBD his new address 2nd Floor, Lomat Building, 111 Pasadeña Street, F.B. Harrison, Pasay City. [10] The hearing of the case was reset on May 29, 2003 at which only two ladies who identified themselves as Conchita Ferrer and Grace Ochoa appeared and informed the IBP-CBD that complainant had died on January 2, 2003 . The heirs of complainant were thus ordered to submit a certified true copy of his death certificate and a formal notice of substitution of party-complainant, [11] but there is no showing that they complied therewith. On the scheduled hearing on July 10, 2003, only Conchita Ferrer appeared. [12] What transpired on said date, the records do not show. The IBP-CBD subsequently issued on January 30, 2004 a Notice of Mandatory Conference on March 12, 2004. [13] On the scheduled mandatory conference, no one showed up. While a copy of the notice of said conference was sent to respondent at his given address, it was returned with a notation moved out. [14] The hearing of the case was reset to April 16, 2004 [15] and June 24, 2004 [16] during which, again, no one showed up. The IBP-CBD thereupon acted on the pleadings and submitted its Report and Recommendation prepared by Commissioner Wilfredo E. J. E. Reyes reading as follows, quoted verbatim: Based on the pleadings submitted by the parties, the following facts are undisputed: The undersigned admits that it agreed that to handle the case of the complainant Mr. Jesus M. Ferrer against Global Link Multimodal Transport (GLMT for brevity) referred to