Case Summary (A.C. No. 6683)
Background of the Case
In 1985, Atty. Avecilla, alongside Mr. Louis C. Biraogo, filed a petition challenging the constitutionality of the aforementioned law, which was subsequently dismissed by the Supreme Court on 19 December 1985. The rollo of this case was stored for safekeeping within the Court’s Judicial Records Office (JRO) until it went missing when borrowed on 13 September 1991.
Circumstances of the Borrowing
On 28 July 2003, Atty. Avecilla and Mr. Biraogo requested documents concerning the Judiciary Development Fund (JDF). Following this request, Chief Justice Hilario G. Davide discovered that the rollo had been borrowed by Atty. Avecilla but not returned. After an extensive search, it was revealed that Atty. Avecilla had borrowed the rollo through a colleague, Atty. Salvador Banzon, yet it remained unaccounted for until it was turned in by Atty. Avecilla on 18 August 2003.
Administrative Findings and Recommendations
Following the submission of reports detailing the incident, the Office of the Chief Attorney (OCAT) found that Atty. Avecilla abused his confidential position to illegally retain the rollo for nearly twelve years. Though he was no longer an employee of the Supreme Court, the Court found it appropriate to conduct an administrative inquiry against him as a member of the bar. The OCAT recommended administrative charges against Atty. Avecilla due to the unauthorized borrowing of court records.
Respondent’s Defense
In his explanation, Atty. Avecilla denied borrowing the rollo, instead suggesting that someone else may have acted without his authority, hinting at the possible involvement of Atty. Banzon. He claimed the rollo inadvertently ended up in his personal belongings and that he only became aware of it after being contacted regarding the missing document. His claims did not convince the Court, which found no substantiated basis for his defenses.
Final Ruling on Administrative Liability
The Court upheld the findings of OCAT, determining Atty. Avecilla was responsible for the unauthorized removal of the rollo. The Court emphasized that taking judicial records outside court without consent merits administrative penalties. T
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Case Syllabus (A.C. No. 6683)
Prelude to the Case
- In 1985, Atty. Victor C. Avecilla and Mr. Louis C. Biraogo filed a petition challenging the constitutionality of Batas Pambansa Blg. 883.
- The petition was consolidated with nine others, collectively docketed as G.R. No. 72954.
- On December 19, 1985, the Supreme Court En banc dismissed the consolidated petitions, affirming the law's validity.
- Following the resolution, the rollo of G.R. No. 72954 was entrusted to the Court's Judicial Records Office (JRO) on January 8, 1986.
The Present Case
- On July 14, 2003, Atty. Avecilla and Mr. Biraogo requested documents related to the Judiciary Development Fund (JDF) from Chief Justice Hilario G. Davide, Jr.
- They claimed interest in the JDF due to their contributions as petitioners in G.R. No. 72954.
- On July 28, 2003, Chief Justice Davide instructed Atty. Teresita Dimaisip to locate the rollo for verification, which was reported missing.
Discovery of the Missing Rollo
- Atty. Dimaisip found that the rollo was borrowed on September 13, 1991, and had not been returned.
- The tracer card identified Atty. Avecilla, acting through Atty. Salvador Banzon, as the borrower.
- Chief Justice Davide took immediate steps to ascertain how the rollo was borrowed and to secure its return.
Atty. Dimaisip's Findings
- Atty. Dimaisip reported that Atty. Avecilla had access to the rollo due to his position as a legal staff member for Justice Emilio A. Gancayco.
- Atty. Avecilla acknowledged borrowing the rollo thro