Case Digest (Adm. Case No. 5225)
Facts:
Spouses Wilfredo Boyboy and Lydia Boyboy v. Atty. Victoriano R. Yabut, Jr., Adm. Case No. 5225, April 29, 2003, Supreme Court Second Division, Bellosillo, J., writing for the Court. In November 1999, Dr. Lydia Boyboy allegedly received a telephone call from Atty. Victoriano Yabut, Jr. threatening to charge her with estafa before the NBI and to cause the revocation of her medical license unless she paid P300,000; the complainants claim Yabut said he possessed incriminating evidence. On December 7, 1999, complainants allege that Yabut personally served a subpoena from the NBI calling them to an investigation for estafa through falsification of public documents; on December 8, Wilfredo Boyboy met Yabut at his office and was allegedly told that Atty. Cris Balancio, NBI Director for Region III, could be persuaded to dismiss the case for P400,000.Complainants met with Atty. Balancio, who denied making any demand and suggested an entrapment operation against respondent, but the entrapment did not proceed for lack of funds. Complainants filed a criminal complaint under Article 282 of the Revised Penal Code (as framed in the records) and an administrative complaint seeking respondent's disbarment for blackmail and extortion. Respondent denied the allegations, explained that he represented Arlene Sto. Tomas in a CHAMPUS-related fraud case and had filed criminal and administrative actions against the Boyboys, and maintained that the Boyboys were retaliating.
The administrative complaint was referred to the Integrated Bar of the Philippines’ Committee on Bar Discipline (CBD-IBP), which, on the basis largely of affidavits and pleadings without testimonial hearings, recommended respondent’s suspension from the practice of law for three months. The Court noted that the Assistant City Prosecutor of Angeles City had earlier dismissed the criminal charge against respondent (docketed I.S. No. 00-0592) for lack of probable cause. Petitioner–respondent proceedings below culminated in the CBD-IBP report; the case th...(Subscriber-Only)
Issues:
- Did the CBD-IBP commit reversible procedural error by dispensing with a full testimonial hearing and resolving credibility on the basis of affidavits and pleadings alone?
- Was there substantial evidence to warrant administrative discipline (disbarment/suspension) for alleged bla...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)