A.C. No. 10443 - WILLIAM G. CAMPOS, JR., REPRESENTED BY ROSARIO B. CAMPOS, RITA C. BATAC AND DORINA D. CARPIO, COMPLAINANTS, VS. ATTY. ALEXANDER C. ESTEBAL,D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, and after evaluation of the evidence presented by both parties, the undersigned believes that ATTY. ALEXANDER ESTEBAL, SR. should be SUSPENDED from the practice of law for a period of six (6) months. In addition thereto, he is being ordered to immediately return the following amounts to the complainants, to wit: (1) William Campos, Jr. - the amount of P145,000.00 (2) Rita Batac - the amount of P70,000.00 (3) Dorina Carpio - the amount of PI 15,000.00 [5] Recommendation of the IBP Board of Governors On December 29, 2012, the IBP Board of Governors issued Resolution No. XX-2012-665, affirming with modification the Investigating Commissioner's recommendation, thus: RESOLVED TO ADOPT and APPROVE, as it is hereby unanimously ADOPTED and APPROVED, with modification, 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 Respondent is hereby Ordered to Return the amount of Three Hundred Thousand (P300,000.00) Pesos only with legal interest to complainant[s] within thirty (30) days from receipt of notice with a Warning to be more circumspect in his dealings and repetition of the same or similar act shall be dealt with more severely. [6] In fine, the IBP Board of Governors resolved to delete the recommended penalty of suspension and reduce the amount refunded from P330,000.00 to P300,000.00. On April 2, 2013, Atty. Estebal filed an Urgent Manifestation with Motion for Extension to file Motion for Reconsideration, [7] This was followed by an Urgent Manifestation and Motion for Second Extension of Time to File Motion for Reconsideration [8] on April 19, 2013. Atty, Estebal eventually filed his Motion for Reconsideration [9] on April 28,2013. On February 11, 2014, the IBP Board of Governors issued Resolution No. XX-2014-29,towit: RESOLVED to DENY Respondent's Motion for Reconsideration, there being no cogent reason to reverse the findings of the Commission and it being a mere reiteration of the matters which had already been threshed out and taken into consideration. Furthermore, the Board RESOLVED to AFFIRM, with modification, Resolution No. XX-2012-665 dated December 29, 2012, and accordingly ADOPTED and APPROVED the Report and Recommendation of the Investigating Commissioner SUSPENDING Respondent from the practice of law for six (6) months. [10] In short, the IBP Board of Governors resolved to reinstate and adopt the recommendation of the Investigating Commissioner to suspend Atty. Estebal from the practice of law f0r a period of six (6) months. On April 25, 2014, Director for Bar Discipline Dominic CM. Solis transmitted the entire records of this case to this Court for final resolution. Per records of the Office of the Bar Confidant, no motion for reconsideration or petition for review has been filed by either party. Issue Is Atty.