Friday, January 29, 2016

Motion for reconsideration filed with Integrated Bar of the PH and its Commission on Bar Discipline

In the case of NORIEL MICHAEL J. RAMIENTAS vs. ATTY. JOCELYN P. REYALA,  En Banc, A.C. No. 7055,  July 31, 2006, there is no mention that a motion for reconsideration shall be verified or that it shall contain a notice of hearing. Thus:

“X x x.

In concurrence with the above, now, therefore, BE IT RESOLVED, as it is hereby resolved, that in accordance with our ruling in Halimao v. Villanueva,[1][19] pertinent provisions of Rule III of the Rules of Procedure of the Commission on Bar Discipline, as contained in the By-Laws of the IBP, particularly § 1 and § 2, are hereby deemed amended. Accordingly, § 1 of said rules now reads as follows:

SECTION. 1. Pleadings. – The only pleadings allowed are verified complaint, verified answer, verified position papers and motion for reconsideration of a resolution. [Emphasis supplied.]

And in § 2, a motion for reconsideration is, thus, removed from the purview of the class of prohibited pleadings.

Further, the following guidelines shall be observed by the IBP in respect of disciplinary cases against lawyers:

1.       The IBP must first afford a chance to either party to file a motion for reconsideration of the IBP resolution containing its findings and recommendations within fifteen (15) days from notice of receipt by the parties thereon;

2.       If a motion for reconsideration has been timely filed by an aggrieved party, the IBP must first resolve the same prior to elevating to this Court the subject resolution together with the whole record of the case;

3.       If no motion for reconsideration has been filed within the period provided for, the IBP is directed to forthwith transmit to this Court, for final action, the subject resolution together with the whole record of the case;

4.       A party desiring to appeal from the resolution of the IBP may file a petition for review before this Court within fifteen (15) days from notice of said resolution sought to be reviewed; and

5.       For records of cases already transmitted to this Court where there exist pending motions for reconsideration filed in due time before the IBP, the latter is directed to withdraw from this Court the subject resolutions together with the whole records of the cases, within 30 days from notice, and, thereafter, to act on said motions with reasonable dispatch.

X x x.”

[1][19]          Ibid., see Note 14.