Title
Bellosillo vs. Board of Governors of the Integrated Bar of the Philippines
Case
G.R. No. 126980
Decision Date
Mar 31, 2006
Disbarment complaint against Atty. Saludo dismissed; allegations of misconduct unsupported, no prima facie case, no bias proven. SC affirmed IBP ruling.
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Case Digest (G.R. No. 126980)

Facts:

  1. Background of the Case:

    • Petitioner Sally V. Bellosillo filed a complaint for disbarment against respondent Atty. Aniceto G. Saludo, Jr. on January 31, 1989, alleging gross professional misconduct and malpractice.
    • The charges included:
      • Misappropriation of settlement money from the Philippine Plaza bombing incident.
      • Improper financial dealings, including borrowing cash and post-dated checks.
      • Unwarranted solicitations, such as gifts, pianos, lechon, and wallpapering of respondent's house.
  2. Respondent's Defense:

    • Respondent denied all charges, claiming they were deliberate falsehoods.
    • He asserted that he was the lender, not the borrower, in the financial transactions with the petitioner.
  3. Procedural History:

    • The IBP Investigating Commissioner recommended the dismissal of the complaint, finding no prima facie case against the respondent.
    • The IBP Board of Governors adopted the Commissioner's recommendation in a Resolution dated March 30, 1996.
    • Petitioner challenged the Resolution, alleging bias and demanding a full-dress investigation.
  4. Key Findings by the Investigating Commissioner:

    • Petitioner's allegations were motivated by vengeance and ill-will, particularly after civil cases were filed against her.
    • Petitioner had a history of issuing bouncing checks, as evidenced by a Court of Appeals ruling.
    • The charges of unwarranted solicitations were negated by petitioner's own admission that the gifts were given in appreciation of respondent's concerns.
    • The claim that respondent borrowed post-dated checks was contradicted by evidence showing that petitioner owed respondent a significant sum.

Issue:

  1. Whether the IBP Board of Governors committed grave abuse of discretion in dismissing the complaint for lack of a prima facie case.
  2. Whether the petitioner's allegations of bias, due to the Investigating Commissioner and respondent being members of the same fraternity, warranted a full-dress investigation.
  3. Whether the charges against the respondent constituted grounds for disbarment or suspension.

Ruling:

The Supreme Court denied the petition and affirmed the IBP Board of Governors' Resolution dismissing the complaint. The Court held that:

  1. The IBP Board of Governors did not commit grave abuse of discretion in dismissing the complaint for lack of a prima facie case.
  2. Membership in the same fraternity does not automatically disqualify an investigator or judge from acting on a case.
  3. The charges against the respondent were not supported by clear, convincing, and satisfactory proof.
  4. The transactions involving post-dated checks were personal dealings and did not constitute professional misconduct.
  5. The power to disbar must be exercised with great caution and only in clear cases of misconduct that seriously affect a lawyer's standing and character.

Ratio:

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