A.C. No. 7430 - MARTIN LAHM III AND JAMES P. CONCEPCION, COMPLAINANTS, VS. LABOR ARBITER JOVENCIO LL. MAYOR, JR..R E S O L U T I O N - Supreme Court E-Library

Ruling

Accordingly, the Investigating Commissioner recommended that: WHEREFORE, it is respectfully recommended that the respondent be SUSPENDED for a period of six (6) months with a warning that a repetition of the same or similar incident will be dealt with more severe penalty. [6] On December 11, 2008, the IBP Board of Governors issued Resolution No. XVIII-2008-644 [7] which adopted and approved the recommendation of the Investigating Commissioner. The said resolution further pointed out that the Board of Governors had previously recommended the respondents suspension from the practice of law for three years in Administrative Case (A.C.) No. 7314 entitled Mary Ann T. Flores v. Atty. Jovencio Ll. Mayor, Jr. . The respondent sought to reconsider the foregoing disposition, [8] but it was denied by the IBP Board of Governors in its Resolution No. XIX-2011-476 dated June 26, 2011. The case is now before us for confirmation. We agree with the IBP Board of Governors that the respondent should be sanctioned. Section 27, Rule 138 of the Rules of Court provides that a lawyer may be removed or suspended from the practice of law, inter alia , for gross misconduct and violation of the lawyers oath. Thus: Section 27. Attorneys removed or suspended by Supreme Court on what grounds. A member of the bar may be removed or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office , grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a wilful disobedience of any lawful order of a superior court, or for corruptly or wilful appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. (emphasis supplied) A lawyer may be suspended or disbarred for any misconduct showing any fault or deficiency in his moral character, honesty, probity or good demeanor. [9] Gross misconduct is any inexcusable, shameful or flagrant unlawful conduct on the part of a person concerned with the administration of justice; i.e. , conduct prejudicial to the rights of the parties or to the right determination of the cause. The motive behind this conduct is generally a premeditated, obstinate or intentional purpose. [10] Intrinsically, the instant petition wants this Court to impose disciplinary sanction against the respondent as a member of the bar. However, the grounds asserted by the complainants in support of the administrative charges against the respondent are intrinsically connected with the discharge of the respondents quasi-judicial functions. Nonetheless, it cannot be discounted that the respondent, as a labor arbiter, is a public officer entrusted to resolve labor controversies. It is well settled that the Court may su