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RESOLUTION
PERLAS-BERNABE, J : p
In his defense, 11 Orlando denied the charges against him and claimed
that his late submission of the third MCLE compliance is not a ground for
disbarment and that the Notice to Terminate Services of Counsel and
Compromise Agreement were all made upon the request of Marcelo when the
latter was declared in default in the aforementioned civil case. Moreover, he
insisted that the allegedly offensive language in his text messages sent to
Marcelo was used in a "brother-to-brother communication" and were uttered
in good faith. 12
Meanwhile, the criminal case for grave threats and estafa filed by
Marcelo against Orlando was downgraded to unjust vexation 13 and, on June
19, 2012, after voluntarily entering a plea of guilty, Orlando was convicted of
the crime of unjust vexation, consisting in his act of vexing or annoying
Marcelo by "texting insulting, threatening and persuading words to drop his
lawyer over a case . . . ." 14
IBP Report and Recommendation
In a Report and Recommendation 15 dated April 30, 2013, the IBP
Commissioner recommended the dismissal of the case against Orlando, finding
that a transgression of the MCLE compliance requirement is not a ground for
disbarment as in fact, failure to disclose the required information would
merely cause the dismissal of the case and the expunction of the pleadings
from the records. Neither did the IBP Commissioner find any violation of the
CPR so gross or grave as to warrant any administrative liability on the part of
Orlando, considering that the communication between Orlando and Marcelo,
who are brothers, was done privately and not directly addressed to Maximino
nor intended to be published and known by third persons.
In a Resolution 16 dated May 11, 2013, the IBP Board of Governors
adopted and approved the IBP Commissioner's Report and Recommendation
and dismissed the case against Orlando, warning him to be more circumspect
in his dealings. Maximino moved for reconsideration 17 which was however
denied in a Resolution 18 dated May 3, 2014 with modification deleting the
warning.
Aggrieved, Maximino filed the present petition for review on certiorari. 19
2. Entitled "Orlando O. Ailes v. Marcelo O. Ailes Jr., et al." before the Regional Trial
Court of Caloocan City docketed as Civil Case No. C-22601; id. at 7-13.
6. Id. at 17-21.
7. Id. at 25-26.
8. Id. at 27-28.
9. Mandatory Continuing Legal Education (MCLE) Adopting the Rules on Mandatory
Continuing Legal Education for Members of the Integrated Bar of the
Philippines (August 22, 2000).
10. Re: Recommendation of the Mandatory Continuing Legal Education (MCLE)
Board to Indicate in All Pleadings Filed with the Courts the Counsel's MCLE
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Board to Indicate in All Pleadings Filed with the Courts the Counsel's MCLE
Certificate of Compliance or Certificate of Exemption (June 3, 2008).
13. See Maximino's Position Paper dated November 14, 2012; id. at 84.
14. Id. at 93. Penned by Judge Mario V. Manayon.
15. Id. at 192-195. Penned by Commissioner Oliver A. Cachapero.
20. Barandon, Jr. v. Ferrer, Sr., 630 Phil. 524, 530 (2010).
21. Foodsphere, Inc. v. Mauricio, Jr., 611 Phil. 1, 13 (2009).
22. See Spouses Olbes v. Deciembre, 496 Phil. 799, 809-810 (2005).
The Court further Resolved, upon the recommendation of the Committee on Legal
Education and Bar Matters, to REQUIRE practicing members of the bar to
INDICATE in all pleadings filed before the courts or quasi-judicial bodies, the
number and date of issue of their MCLE Certificate of Compliance or
Certificate of Exemption, as may be applicable, for the immediately preceding
compliance period. Failure to disclose the required information would cause
the dismissal of the case and the expunction of the pleadings from the
records.