A.C. NO. 5050 - FELISA M. ANGELES, CELERINA M. ANGELES, AURELIA A. SEE, MAXIMO M. ANGELES, LUISA A. CASTRO AND LORETO M. ANGELES, COMPLAINANTS, VS. ATTY. ROBERTO L. FIGUEROA.R E S O L U T I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of the foregoing premises, it is most respectfully submitted that the complaint leveled against respondent ATTY. ROBERTO L. FIGUEROA be DISMISSED for lack of merit. [15] However, the case was referred anew to the OBC on February 4, 2004 for a full-blown hearing. [16] On October 26, 2004, complainants manifested that because of their advanced age and the absence of counsel, they are submitting the case for decision based on the pleadings and documents submitted before the Court. [17] The OBC meanwhile proceeded with the hearing and received the testimony of respondent's witnesses to accord respondent lawyer due process. [18] On June 16, 2005, the OBC submitted its Report and Recommendation, pertinent portions of which read: After a thorough investigation and perusal of the records of this case, evidence substantially supported the findings of facts and conclusion of law dismissing this case for lack of merit by the OBC in its first report and recommendation, dated 8 December 2003� There is no cogent reason to depart from the said findings and recommendation, the same being in accordance with existing law and jurisprudence. Respondent unequivocally asserted that the required answer in Civil Case No. 93-67503 were sent to the Court and to the defendant's counsel and parties therein, thru registered mail, at the Tanza Post Office per registry receipts No. 799, 800 and 801, all dated 16 November 1998. As testified to by the witnesses, some letters/papers, if not all, mailed at the Tanza Post Office were withheld from being delivered to the addressee for the reason that the money collected from the postal services were actually not remitted but appropriated for personal use and the registry receipts correspondingly issued therewith were not posted and/or recorded in the inventory transaction of the Tanza Post Office. Former Tanza Postmaster Mercedita Victa was, in fact, suspended in 1998 and eventually dismissed from the service for such irregularities. The testimonies of the witnesses only affirm the letter of Josefino A. Arbolante, former Tanza Postmaster, dated 24 February 1999... stating that the subject three (3) registry receipts presented by the respondent to the lower court were not posted at the said post office. The said letter did not state that the subject pleadings of the respondent were not mailed in the said post office. The pleadings of the respondent were mailed at the Tanza Post Office on 16 November 1998, during the time the anomalies were actively happening. The pleadings should have been, thus, included in the letters/ documents mailed at said post office which were purposely not delivered to the addressee for the reason that the money collected therefrom were not remitted and the three (3) registry receipts nos. 799, 800 & 801 were not recorded and/or posted to prevent its discovery by the Central Post Office officials. As found by the OBC, in its 8 December 2003 report and recommendation, respondent pres