Supreme Court decision · Legal Ethics and Practical Exercises
Coronado v. Huertas
Adm. Case No. 924 · Promulgated December 28, 1981 · Ponente: Fernando
In brief
This case is about a disbarment complaint against Attorney Huertas for alleged falsification in his information sheet, dismissed as moot and academic due to his death.
Disbarment, Moot and Academic, Falsification, Death of Respondent
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Full text
SECOND DIVISION
[ Adm. Case No. 924. December 28, 1981 ]
RENATO M. CORONADO, COMPLAINANT, VS. ATTORNEY
ANGEL S. HUERTAS, RESPONDENT.
R E S O L U T I O N
FERNANDO, C.J.:
The complaint for disbarment filed against respondent Angel S. Huertas, former Municipal Judge of Ragay, Camarines Sur, was based on his having allegedly falsified the information sheet which the Commission on Appointments required as a prerequisite to the confirmation of his appointment as municipal judge. More specifically, he was accused of stating in his information sheet that he had no previous administrative case, when in truth and in fact the Civil Service Board of Appeals had affirmed a decision finding him guilty of dishonesty (falsification of daily time records) and gross misconduct, for which he was dismissed from the government service, when he was then Senior Inspector of the Fiber Inspection Service. In his Answer, respondent specifically denied such allegation, "the truth of the matter," according to him, "being that the Civil Service Board of Appeals confirmed [his] dismissal by the Fiber Inspection Service, which confirmation came after the City Fiscal of the City of Manila dismissed the criminal case filed by the Fiber Inspection Service against the respondent for falsification, the same charge of which he was accused by the Fiber Inspection Service in an administrative charge and which dismissal of said criminal case extinguished the respondent's criminal and civil liabilities."[1]
The matter was then referred to the Solicitor General for his investigation, report, and recommendation. In the Report submitted to this Court on September 15, 1981, the recommendation was for the complaint to be dismissed for becoming moot and academic, respondent having had suffered an attack of coronary thrombosis which caused his death. Reliance was placed on the following cases: Fule v. Cordero;[2] Lazaro v. Sagun;[3] and Calamba II v. Delgra, Jr.[4]
WHEREFORE, the complaint is dismissed for being moot and academic.
Aquino, Abad Santos, De Castro, Ericta, and Escolin, JJ., concur.Barredo and Concepcion, Jr., JJ., on leave.
[1] Answer, 1.
[2] Adm. Case No. 284, July 29, 1977, 78 SCRA 88.
[3] Adm. Case No. 1382, July 29, 1977, 78 SCRA 100.
[4] Adm. Case No. 1656, July 29, 1977, 78 SCRA 102.