Case Summary (A.C. No. 8658)

Background of the Complaint

• Francis C. Arsenio filed a Complaint-Affidavit on June 18, 2010, seeking the disbarment of Atty. Johan A. Tabuzo for conduct unbecoming of a member of the Bar.
• The complaint arose from an administrative case Arsenio filed against JS Contractor, a recruitment agency, before the Philippine Overseas Employment Administration (POEA).
• During a hearing on May 10, 2000, Atty. Tabuzo, the Overseas Employment Adjudicator, requested Arsenio to sign three blank sheets of paper.
• Following the hearing, Arsenio inquired about the blank signatures, to which Atty. Tabuzo responded angrily, making derogatory remarks.
• Arsenio later discovered that his case against JS Contractor was dismissed, prompting him to file a complaint against Atty. Tabuzo for alleged violations of the Anti-Graft and Corrupt Practices Act.

Proceedings Before the Ombudsman

• The Office of 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 the person referred to in the Ombudsman’s order and that he had not received any summons.
• His motion was denied, and he was subsequently acquitted by the Regional Trial Court for the alleged violation of the Anti-Graft and Corrupt Practices Act.
• Following his acquittal, Arsenio filed the present Complaint-Affidavit with the Supreme Court.

Investigation by the Integrated Bar of the Philippines

• The Supreme Court referred the case to the Integrated Bar of the Philippines (IBP) for investigation, which was docketed as CBD Case No. 11-2912.
• Atty. Tabuzo denied the allegations, asserting that they were baseless and that he had not engaged in any unethical conduct.
• He provided affidavits from two Overseas Employment Adjudicators who claimed no such incident occurred.
• Atty. Tabuzo also argued that his right to due process was violated as he was not notified of the case against him before the Ombudsman.

IBP Findings and Recommendations

• The Investigating Commissioner, Atty. Eldrid Antiquierra, recommended a reprimand for Atty. Tabuzo based on Arsenio's affidavit and the Ombudsman’s resolution.
• The IBP Board of Governors modified this recommendation, suspending Atty. Tabuzo from the practice of law for three months.
• Atty. Tabuzo filed a Motion for Reconsideration, which was denied.

Court's Ruling on the Disbarment Complaint

• The Court dismissed the disbarment complaint against Atty. Tabuzo, emphasizing that disbarment proceedings are not intended to provide relief to complainants but to protect the integrity of the legal profession.
• The burden of proof in disbarment cases lies with the complainant, requiring substantial evidence.
• The Court noted discrepancies in the name of Atty. Tabuzo in ...continue reading

Case Syllabus (A.C. No. 8658)

Introduction

• This case involves a Complaint-Affidavit filed by Francis C. Arsenio against Atty. Johan A. Tabuzo, seeking disbarment on grounds of conduct unbecoming of a member of the Bar.
• The complaint was formally submitted on June 18, 2010, and the decision was rendered by the Supreme Court on April 24, 2017.

Background of the Case

• The complaint arose from an administrative action taken by Arsenio against JS Contractor, a recruitment agency, before the Philippine Overseas Employment Administration (POEA).
• During a hearing on May 10, 2000, Arsenio was instructed by Atty. Tabuzo to sign three blank sheets of paper, which he complied with without understanding the implications.
• Following the hearing, Arsenio sought clarification from Atty. Tabuzo regarding the signed blank sheets. Atty. Tabuzo responded with hostility, using offensive language and making threats regarding the case outcome.
• After discovering that his case against JS Contractor was dismissed, Arsenio filed a complaint against Atty. Tabuzo with the Office of the Ombudsman for alleged violations of Republic Act No. 3019, known as the "Anti-Graft and Corrupt Practices Act."

Proceedings Before the Ombudsman

• A Resolution dated February 1, 2002, from Graft Investigation Officer II Wilfred Pascasio indicated probable cause against Atty. Tabuzo, leading to a proposed Information against him.
• Atty. Tabuzo contested this, claiming he...continue reading