A.C. No. 7649 - SIAO ABA, MIKO LUMABAO, ALMASIS LAUBAN, AND BENJAMIN DANDA, COMPLAINANTS, VS. ATTYS. SALVADOR DE GUZMAN, JR., WENCESLAO “PEEWEE” TRINIDAD, AND ANDRESITO FORNIER. D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, a penalty of SUSPENSION for two (2) months is hereby recommended. [62] The Investigating Commissioner found, after a careful perusal of the allegations in the complaint as well as in the attachments, that complainants failed to substantiate their charges against respondents Trinidad and Fornier. [63] Other than bare allegations, complainants did not adduce proof of Trinidad and Forniers supposed involvement or participation directly or indirectly in the acts constituting the complaint. [64] In addition, complainants, on their own volition, admitted the non-participation and non-involvement of Trinidad and Fornier when complainants filed their Motion to Dismiss Complaint against Atty. Trinidad and Atty. Fornier Only . [65] For these reasons, the Investigating Commissioner recommended that the charges against Trinidad and Fornier be dismissed for utter lack of merit. On the other hand, the Investigating Commissioner stated that De Guzman failed to deny the allegations in the Letter-Complaint or to explain the import of the same. [66] Moreover, De Guzman failed to controvert the truly vicious evidence against him: But what should appear to be a truly vicious evidence for Respondent is the letter he sent to Orlando D. Badoy, City Councilor, Cotabato City dated February 16, 2006. This letter was alleged in and attached to the Joint Counter-Affiavit with Affidavit of Complaint. The letter had confirmed the allegation of his travel to Cotabato City to file charges against persons he did not identify. He intriguingly mentioned the name Ben Danda as the one to whom he handed the complaint. Danda, incidentally, was one of those who executed the Letter of Complaint along with Siao Aba, Miko Lumabao, Benjamin Danda and Almasis Lauban which was filed before the Supreme Court. [67] The Decision of the Board of Governors of the Integrated Bar of the Philippines The Board of Governors of the Integrated Bar of the Philippines adopted the recommendation of the Investigating Commissioners Report and Recommendation on the dismissal of the charges against Fornier and Trinidad. [68] In De Guzmans case, the Board of Governors increased the penalty from a suspension of two (2) months to a suspension of two (2) years from the practice of law for his attempt to file illegal recruitment cases to extort money: RESOLVED to ADOPT and APPROVE, as it is hereby unanimously ADOPTED with modification , 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 the case against Respondents Trinidad and Fornier is without merit, the same is hereby DISMISSED . However, Atty. Salvador De Guzman, Jr. is hereby SUSPENDED from the practice of law for two (2) years for his attempt to file illegal recruitment cases in order to extort money. [69] The Is