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JurisprudenceA.C. No. 10758

., VS. ATTY. BAYANI P. DALANGIN.

En Banc

Cited Laws

RA 4200RA 1,RA 196,RA 309RA 4200,RA 44,
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TL;DR — Ruling

WHEREFORE, under the foregoing, finding that Respondent Bayani P. Dalangin violated the provisions of the [CPR] and his Lawyer's Oath specifically on Gross Immorality, and Gross Misconduct in CBD Case No. 11-3215 and CBD Case No. 12-3292, it is recommended that said Respondent be suspended from the practice of law for the period of three (3) years from receipt of the order with a warning that similar offense in the future will be dealt with more severely.

Decision

Ruling

WHEREFORE, under the foregoing, finding that Respondent Bayani P. Dalangin violated the provisions of the [CPR] and his Lawyer's Oath specifically on Gross Immorality, and Gross Misconduct in CBD Case No. 11-3215 and CBD Case No. 12-3292, it is recommended that said Respondent be suspended from the practice of law for the period of three (3) years from receipt of the order with a warning that similar offense in the future will be dealt with more severely. It is further recommended that the charges against Respondent Rosita L. dela Fuente Torres and Respondent Avelino Andres in CBD Case No. 12-3369 and CBD Case No. 12-3458, for lack of merit be ordered dismissed. RESPECTFULLY SUBMITTED. [36] Recommendation of the IBP Board of Governors On June 21, 2013, the IBP Board of Governors issued Resolution No. XX-2013-768, [37] which adopted and approved the Investigating Commissioner's Consolidated Report and Recommendation. The resolution reads: RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED, the Report and Recommendation of the Investigating Commissioner in the above-entitled case, herein made part of this Resolution as Annex "A", and finding the recommendation fully supported by the evidence on record and the applicable laws and rules and considering that Respondent Dalangin is guilty of gross immorality and gross misconduct, Atty. Bayani P. Dalangin is hereby SUSPENDED from the practice of law for three (3) years with Warning that repetition of the same or similar act shall be dealt with more severely. The case against Atty. Rosita L. dela [Fuente] Torres and Atty. Manuel Andres is hereby DISMISSED . [38] Atty. Dalangin filed a motion for reconsideration, but this was denied by the IBP Board of Governors in a Resolution [39] dated August 8, 2014, which reads: RESOLVED to DENY Respondent/Complainant Dalangin's Motion for Reconsideration there being no cogent reason to reverse the findings of the Commission and the Resolution subject of the motion, it being a mere reiteration of the matters which had already been threshed out and taken into consideration. Thus, Resolution No. XX-2013-768 dated June 1, 2013 is hereby AFFIRMED . [40] On February 26, 2015, Atty. Dominic C. M. Solis, Director for Bar Discipline, IBP Commission on Bar Discipline, transmitted the case records to the Court pursuant to Rule 139-B of the Rules of Court. [41] On even date and before the Court could have rendered its final action on the disbarment complaints against Atty. Dalangin vis-a-vis the records forwarded by the IBP, Atty. Dalangin forthwith filed with the Court a Petition for Review, [42] which questioned the IBP resolutions that, first , declared him administratively liable in CBD Case Nos. 11-3215 and 12-3292, and second , dismissed his complaints against Atty. Torres and Atty. Andres in CBD Case Nos. 12-3369 and 12-3458. In a Resolution [43] dated June 16, 2015, the Court consolidated these cases and, without giving due course to the pet