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.”
