January 2011 - Philippine Supreme Court Resolutions
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[A.C. No. 6166 : January 10, 2011] MARIA EARL BEVERLY C. CENIZA VS. ATTY. VIVIAN G. RUBIA :
[A.C. No. 6166 : January 10, 2011]
MARIA EARL BEVERLY C. CENIZA VS. ATTY. VIVIAN G. RUBIA
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 10 January 2011, which reads as follows:
A.C. No. 6166 (Maria Earl Beverly C. Ceniza v. Atty. Vivian G. Rubia). - On October 2, 2009, the Court promulgated its decision finding respondent Atty. Vivian G. Rubia guilty of violating Rule 18.03 and Canon 22 of the Code of Professional Responsibility, which imposes upon every member of the bar the duty to delay no man for money or malice. She was ordered suspended from the practice of law for six (6) months effective immediately, with a warning that similar infractions in the future will be dealt with more severely.
On November 27, 2009, respondent filed a very urgent motion for reconsideration. The motion was denied on January 13, 2010 for lack of merit. This was followed by another urgent final (second) motion for reconsideration filed on February 25, 2010, which was eventually denied on April 14,2010,
On March 22, 2010, upon being informed that the suspension order was final pursuant to an Administrative Circular of the Supreme Court, respondent commenced her desistance from the practice of law which lasted until September 22, 2010.
On October 28, 2010, respondent filed a Manifestation/Report with Motion to Issue an Order Lifting the Six-Month Suspension, stating therein that she had earlier submitted a Report of Compliance to this Court on September 23, 2010 that she had fully served the suspension order; that she was not aware of the procedure that a Sworn Statement was necessary as proof of the same; that certifications from the local chapter of the Integrated Bar of the Philippines (IBP) and Office of the Executive Judge of the Regional Trial Court, Davao del Sur, were issued in her favor, attesting that she had complied with the suspension order; that she is submitting the required Sworn Statement; and that, therefore,. she prays that the order of suspension be lifted.
In line with the guidelines set by the Court in Ligaya Maniago v. Atty. Lourdes I. de Dios,[1] the Court finds the Sworn Statement submitted by respondent, with copies furnished the IBP Local Chapter, Davao del Sur, and the different 1st level and 2nd level courts, where she has pending cases and where she had appeared as counsel, in accordance with the Court's directive.
The Court takes this occasion to remind respondent to conduct herself, especially in her dealings with her clients and the public at large, with honesty and integrity in a manner beyond reproach.[2] The Court will not hesitate to withhold this privilege of the practice of law if respondent fails to faithfully perform her duties to society, to the bar, to the courts, and to her clients compliant with the strict demands and high standards of the legal profession.
Acting on the Motion, respondent's suspension is LIFTED. Atty. Vivian G. Rubia is allowed to RESUME her practice of law with a STERN WARNING that the commission in the future of the same infraction or other violations of her duties as a lawyer shall be dealt with more severely.
Let a copy of this Resolution be furnished the Office of the Bar Confidant and entered in respondent's personal record.
SO ORDERED.
A.C. No. 6166 (Maria Earl Beverly C. Ceniza v. Atty. Vivian G. Rubia). - On October 2, 2009, the Court promulgated its decision finding respondent Atty. Vivian G. Rubia guilty of violating Rule 18.03 and Canon 22 of the Code of Professional Responsibility, which imposes upon every member of the bar the duty to delay no man for money or malice. She was ordered suspended from the practice of law for six (6) months effective immediately, with a warning that similar infractions in the future will be dealt with more severely.
On November 27, 2009, respondent filed a very urgent motion for reconsideration. The motion was denied on January 13, 2010 for lack of merit. This was followed by another urgent final (second) motion for reconsideration filed on February 25, 2010, which was eventually denied on April 14,2010,
On March 22, 2010, upon being informed that the suspension order was final pursuant to an Administrative Circular of the Supreme Court, respondent commenced her desistance from the practice of law which lasted until September 22, 2010.
On October 28, 2010, respondent filed a Manifestation/Report with Motion to Issue an Order Lifting the Six-Month Suspension, stating therein that she had earlier submitted a Report of Compliance to this Court on September 23, 2010 that she had fully served the suspension order; that she was not aware of the procedure that a Sworn Statement was necessary as proof of the same; that certifications from the local chapter of the Integrated Bar of the Philippines (IBP) and Office of the Executive Judge of the Regional Trial Court, Davao del Sur, were issued in her favor, attesting that she had complied with the suspension order; that she is submitting the required Sworn Statement; and that, therefore,. she prays that the order of suspension be lifted.
In line with the guidelines set by the Court in Ligaya Maniago v. Atty. Lourdes I. de Dios,[1] the Court finds the Sworn Statement submitted by respondent, with copies furnished the IBP Local Chapter, Davao del Sur, and the different 1st level and 2nd level courts, where she has pending cases and where she had appeared as counsel, in accordance with the Court's directive.
The Court takes this occasion to remind respondent to conduct herself, especially in her dealings with her clients and the public at large, with honesty and integrity in a manner beyond reproach.[2] The Court will not hesitate to withhold this privilege of the practice of law if respondent fails to faithfully perform her duties to society, to the bar, to the courts, and to her clients compliant with the strict demands and high standards of the legal profession.
Acting on the Motion, respondent's suspension is LIFTED. Atty. Vivian G. Rubia is allowed to RESUME her practice of law with a STERN WARNING that the commission in the future of the same infraction or other violations of her duties as a lawyer shall be dealt with more severely.
Let a copy of this Resolution be furnished the Office of the Bar Confidant and entered in respondent's personal record.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court.
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court.
Endnotes:
[1] A.C. No. 7472, March 3, 2010.
[2] Lim v. Barcelona, Adm. Case No. 5438, March 10, 2004, 425 SCRA 67, 77.
