Case Digest (A.C. No. 8658)
Facts:
This case involves a disbarment complaint filed by Francis C. Arsenio (the complainant) against Atty. Johan A. Tabuzo (the respondent) on June 18, 2010. The events leading to this complaint began with an administrative case that Arsenio filed against JS Contractor, a recruitment agency, before the Philippine Overseas Employment Administration (POEA). During a hearing on May 10, 2000, Atty. Tabuzo, who was the Overseas Employment Adjudicator assigned to the case, requested Arsenio to sign three blank sheets of paper. When Arsenio later inquired about this unusual request, Atty. Tabuzo reacted angrily, using offensive language and suggesting that Arsenio would understand the implications of his actions when the opposing party presented their case. Following this encounter, Arsenio sought advice from Senator Rene Cayetano, who recommended that he clarify the situation with Atty. Tabuzo. However, when Arsenio approached Atty. Tabuzo again, he was met with further hostility and th...
Case Digest (A.C. No. 8658)
Facts:
Administrative Complaint Against JS Contractor:
- Francis C. Arsenio (Arsenio) filed an administrative complaint against JS Contractor, a recruitment agency, before the Philippine Overseas Employment Administration (POEA).
- Atty. Johan A. Tabuzo (Atty. Tabuzo) was the Overseas Employment Adjudicator assigned to the case.
Incident During the Hearing:
- During a scheduled hearing on May 10, 2000, Atty. Tabuzo asked Arsenio to sign three blank sheets of paper, which Arsenio complied with.
- A week later, Arsenio inquired about the purpose of the signed blank sheets. Atty. Tabuzo responded angrily, using offensive language and threatening Arsenio.
Dismissal of Arsenio’s Case:
- Arsenio later discovered that his case against JS Contractor was dismissed.
- He filed a complaint against Atty. Tabuzo before the Office of the Ombudsman for violation of Republic Act (RA) No. 3019 (Anti-Graft and Corrupt Practices Act).
Ombudsman’s Resolution:
- The Ombudsman found probable cause against Atty. Tabuzo and ordered the filing of an Information against him.
- Atty. Tabuzo filed a Motion for Reconsideration, claiming he was not served any summons and that there was a discrepancy in his name (referred to as "Atty. Romeo Tabuso").
Acquittal in Criminal Case:
- Atty. Tabuzo was acquitted by the Regional Trial Court (RTC) of Mandaluyong City for violation of RA No. 3019.
Disbarment Complaint:
- Arsenio filed a disbarment complaint against Atty. Tabuzo before the Supreme Court, alleging conduct unbecoming of a lawyer.
- The case was referred to the Integrated Bar of the Philippines (IBP) for investigation.
IBP Proceedings:
- The IBP Commission on Bar Discipline (IBP-CBD) recommended a reprimand for Atty. Tabuzo, but the IBP Board of Governors modified this to a three-month suspension.
- Atty. Tabuzo filed a Motion for Reconsideration, which was denied.
Issue:
- Whether the disbarment complaint against Atty. Tabuzo constitutes sufficient grounds for his disbarment.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Conclusion:
- The Supreme Court dismissed the disbarment complaint against Atty. Johan A. Tabuzo due to insufficient evidence.