[ OCA CIRCULAR NO. 240-2016, November 18, 2016 ]

[ OCA CIRCULAR NO. 240-2016, November 18, 2016 ]

[ OCA CIRCULAR NO. 240-2016, November 18, 2016 ]

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 : SUSPENSION OF ATTY. GENEROSO A. MATULAC AND ATTY. LEANDRO T. YANGUAS FROM THE PRACTICE OF LAW FOR ONE (1) YEAR

For your information and guidance, quoted hereunder is the Resolution dated 22 August 2016 of the First Division in Administrative Case No. 8220, entitled "Aida S. Balue v. Attys. Generoso A. Matulac and Leandro T. Yanguas,” to wit:

The Court further resolves to ADOPT and APPROVEthe recommendation of the Integrated Bar of the Philippines' Board of Governors in the Notice of Resolution No. XIX-2011- 205 dated May 14, 2011 (Annex "A") which approved with modification the report and recommendation of the Investigating Commissioner dated January 26, 2010 and the Notice of Resolution No. XX-2013-764 dated June 21, 2013 (Annex "B") which affirmed the Resolution No. XIX-2011-205 dated May 14, 2011 and denied respondent Atty. Leandro Yanguas' motion for reconsideration thereof, there being no cogent reason to reverse its findings and it being a mere reiteration of the matters which had already been threshed out and taken into consideration. Accordingly:

(1) respondent Atty. Leandro T. Yanguas is SUSPENDED from the practice of law for one (1) year effective from notice, for violating the constitutional right of complainant against illegal search, illegal arrest, violation of abode and use of unreasonable force;

(2) the report and recommendation of the Investigating Commissioner with regard to the finding against respondent Atty. Generoso A. Matulac is REVERSED;

(3) respondent Atty. Generoso A. Matulac is likewise SUSPENDED from the practice of law for one (1) year effective from notice considering that he is also guilty of violating the complainant's constitutional right against illegal search, illegal arrest, violation of abode and use of unreasonable force and considering further that he, being part of the raiding team and being a lawyer, should know the law; and

(4) both respondent lawyers are STERNLY WARNED that repetition of the same or similar conduct shall be dealt with more severely.

Both respondents received the said resolution on 22 September 2016.

18 November 2016

(SGD.) JOSE MIDAS P. MARQUEZ Court Administrator