A.C. No. 11944 (Formerly CBD No. 12-3463) - BSA TOWER CONDOMINIUM CORPORATION, COMPLAINANT, V. ATTY. ALBERTO CELESTINO B. REYES II.

Ruling

Accordingly, he violated Rules 15.03 and 21.02 of the CPR on conflict of interest. On the other hand, Reyes denied the charges against him. He explained that when BSA Tower engaged his services, its liability stood at P31 million and the land was set to be sold at public auction. Their agreement was that Reyes would be paid 10% of whatever savings BSA Tower would generate through his efforts. Thereafter, BSA Tower's annual realty tax was reduced from P5 million to only P2 million per year beginning 2007. Reyes asserted that BSA Tower's total savings reached P21 million, apart from the amount of P25 million when the settlement was forged. However, BSA Tower never paid him his contingent fee. Hence, he filed a complaint with the Makati RTC to collect his fee, and the court later ordered BSA Tower to pay him the amount of P1,920,000.00, plus legal interest from January 2007, until fully paid. As to his appearance as counsel for the plaintiff in Civil Case No. 09-089, Reyes claimed that he had asked BSA Tower's authorized representative if she or the corporation had any objection to his appearance as Ilusorio's counsel. The representative said that she had none. Likewise, when he formally entered his appearance in said civil case, BSA Tower did not object. Yet, it later filed a Motion to Expunge his testimony. The court, however, denied said motion. On June 13, 2013, the Commission on Bar Discipline of the Integrated Bar of the Philippines ( IBP ) recommended the dismissal of the disbarment complaint against Reyes, to wit: WHEREFORE, in view of the foregoing, it is respectfully recommended that the disbarment complaint filed by complainant BSA Tower Condominium Corporation against respondent Atty. Alberto Celestino B. Reyes II be DISMISSED. RESPECTFULLY SUBMITTED. [1] On June 5, 2015, the IBP Board of Governors passed Resolution No. XXI-2015-377, [2] which adopted the aforementioned recommendation, thus: RESOLVED to ADOPT and APPROVE, as it is hereby 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," finding the recommendation to be fully supported by the evidence on record and applicable laws. Thus, the case against Respondent is hereby DISMISSED . Unfazed, BSA Tower filed a Motion for Reconsideration. On April 19, 2017, the IBP Board of Governors issued Resolution No. XXII-2017-968, [3] which provides: RESOLVED to DENY the Motion for Reconsideration there being no new reason and/or new argument adduced to reverse the previous findings and decision of the Board of Governors. The Court's Ruling The Court finds no cogent reason to depart from the findings and recommendation of the IBP that the present disbarment complaint against Reyes must be dismissed. In administrative proceedings, the burden of proof rests upon the complainant. For the court to exercise its disciplinary powers, the case against the respondent must be established by conv