Title
Velez vs. De Vera
Case
A.C. No. 6697 B.M. No. 1227, A.M. No. 05-5-15-SC
Decision Date
Jul 25, 2006
Atty. Leonard de Vera suspended for two years due to moral turpitude; removal as IBP Governor upheld, affirming IBP Board's authority and automatic succession rule.
disbarment case
suspension order
rotation rule
A

Case Digest (A.C. No. 6697 B.M. No. 1227, A.M. No. 05-5-15-SC)

Facts:

  • Consolidation of Cases
    • A.C. No. 6697 (Bar Matter No. 1227) – Disbarment/Suspension and Oath-Taking
      • Complaint by Zoilo Antonio Velez (11 April 2005) alleging:
1) Misrepresentation in California Bar proceedings (Administrative Case No. 86-0-18429) involving misappropriation of client funds. 2) Violation of IBP “rotation rule” by transferring chapter membership for personal advantage.
  • de Vera’s Comment (2 May 2005): Issues already resolved in A.M. No. 6052 (Decision 11 Dec 2003) – pleaded res judicata.
  • Proceedings before Office of Bar Confidant (15 & 20 June 2005): Presentation of evidence; memoranda filed.
  • Bar Matter No. 1227 – Oath-Taking as IBP National President
1) de Vera’s letter-request (15 April 2005) to schedule oath-taking for term 2005-2007. 2) TRO issued (10 May 2005) enjoining assumption of office.
  • A.M. No. 05-5-15-SC – Removal from IBP Board and EVP
1) IBP Board Resolution (13 May 2005) removing de Vera as Governor and Executive Vice-President for: a) Public untruths and innuendoes at 10th IBP Convention (22 April 2005). b) Acts inimical to the IBP and contempt of the Supreme Court. c) Violation of Canon 11 (respect for courts). d) Provoking chapters to embarrass Board. 2) de Vera’s urgent plea to Chief Justice (18 May 2005) alleging denial of due process. 3) IBP Board’s Reply (27 May 2005): Justified removal to protect IBP from recalcitrant member. 4) Subsequent elections to fill EVP vacancy: a) Pura Angelica Y. Santiago (13 June 2005) – later relinquished (20 June 2005). b) Jose Vicente B. Salazar (25 June 2005).

Issues:

  • A.C. No. 6697
    • Is the case barred by res judicata (A.M. No. 6052)?
    • Did de Vera commit malpractice/moral turpitude warranting suspension or disbarment?
    • Is a foreign bar suspension/recommendation prima facie evidence for Philippine discipline?
    • Does transfer of IBP chapter membership violate ethical obligations?
  • Bar Matter No. 1227 / A.M. No. 05-5-15-SC
    • Did the IBP Board act with grave abuse of discretion in removing de Vera as Governor and EVP?
    • Was administrative due process observed in the removal?
    • Was the removal based on just and valid cause under IBP By-Laws?
    • Was Salazar validly elected EVP and entitled to automatic succession as IBP President (2005-2007)?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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