[ OCA CIRCULAR NO. 199-2017, September 18, 2017 ]

[ OCA CIRCULAR NO. 199-2017, September 18, 2017 ]

[ OCA CIRCULAR NO. 199-2017, September 18, 2017 ]

TO: THE COURT OF APPEALS, SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, SHARI’A DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’A CIRCUIT COURTS, THE OFFICE OF THE CHIEF STATE PROSECUTOR, PUBLIC ATTORNEY'S OFFICE AND THE INTEGRATED BAR OF THE PHILIPPINES

SUBJECT : LIFTING OF SUSPENSION FROM THE PRACTICE OF LAW OF ATTY. RESTITO F. FANO

For your information and guidance, quoted hereunder is the Resolution dated 03 July 2017 of the Second Division in Administrative Case No.10286, entitled "Atty. Rodrigo B. Bumactao v. Atty. Restito F. Fano , ” to wit:

Acting on respondent Atty. F. Fano's: (a) urgent manifestation and motion dated 9 February 2017 praying that the pending motion to lift suspension be resolved and (b) compliance paying the P2.000.00 Court fine for failure to immediately comply with the order of suspension imposed upon respondent in the Resolution dated 18 January 2017, and considering that respondent alleged that during the hearing in Crim. Case No. 469398-CR wherein he is the counsel for the accused before the Regional Trial Court, Br. 24, Manila, the Presiding Judge reset the proceedings of said case and invited him to the staff room and called his attention on the status of his suspension from the practice of law for one (1) month; that according to respondent he politely informed the Presiding Judge that he had already served the suspension immediately upon receipt on 14 August 2014 of the 2 July 2014 Resolution, but was not able to seasonably file the requisite motion to lift suspension due to oversight; that the Presiding Judge ruled that there must be a clarification from the Supreme Court whether (he) respondent can be allowed to continue to practice law pending the resolution of said motion, and considering further that based from the records, respondent has fully served the one-month suspension from the practice of law from 14 August 2014 to 14 September 2014 and he has fully paid the fine imposed on him, the Court resolves to LIFT the order of suspension from the practice of law imposed on respondent Atty. Restito F. Fano as mandated in the Resolution dated 7 April 2014 and ALLOW him to RESUME his practice of law.

The Court NOTES the Report and Recommendation dated 19 April 2017 of the Office of the Court Administrator.

18 September 2017

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator