Republic of the Philippines SUPREME COURT Manila
FIRST DIVISION MONICO O. PUENTEVELLA, Petitioner,
SC-GR No. 210696 -versusOFFICE OF THEOMBUDSMAN, ET AL., Respondents. x - - - - - - - - - - - -- - - - - - - - - - - - - - x
COMPLIANCE !ffice , b" counsel ATTY. HOWARD M. CALLEJAof Calleja La !ffice, and unto this #onorable Court, respectfull" avers$ %. !n & 'pril ()%*, ()%* , the Calleja La !ffice received !ffice received its cop" of this #onorable Court+s Resolution of ( ebruar" ()%* inforin/ ()%* inforin/ it, aon/ other thin/s, of the disissal of the Petition for Certiorari in this case for failure of the petitioner to sufficientl" sho that the !budsan coitted /rave /r ave abuse of discretion hen it issued the challen/ed jud/ents. (. 0nci 0ncide dent ntal all" l",, this this #ono #onora rabl blee Cour Court, t, in the the afor afore een enti tion oned ed Reso Resolu luti tion on,, re1uired of 'tt". #oard M. Calleja to Calleja to S#!2 C'3S4 ithin ten 5%)6 da"s fro fro rece receip iptt of the the afor afore een enti tion oned ed Reso Resolu luti tion on h" h" he shou should ld not not be disciplin disciplinaril" aril" dealt ith or held in contept of court, to/ether to/ether ith 'tt". Ralph '. Sariento, Sariento , ho has not ithdre as counsel for petitioner insofar as 'tt" 'tt".. Calle Calleja ja has has reas reason on to beli believ evee base based d on his his 7no 7nole led/ d/ee and and inforation, in relation to a purportedl" altered Motion to Transfer Transfer Hearing that as attached as 'nnex to the instant Petition for Certiorari filed on (& 8anuar" ()%.#ence, ()% .#ence, this copliance hich is bein/ tiel" filed. 9. Record Record of this this case case ould ould readil readil" " disclos disclosee that 'tt". Calleja filed Calleja filed ith the #onorable Supree Court on * Noveber ()%: his ()%: his Entry Entry of Appearance as coun counse sell for for peti petiti tion oner er Puentevella in this this case case,, hic hich h as as ther therea eaft fter er forarded to the #onorable irst ;ivision on %% Noveber ()%:. ()%: . . urther urther note note should should be dul" dul" ta7en ta7en b" this #onorab #onorable le Court Court of the fact fact that that the Petition the Petition for Certiorari (with Application for Preliminary Preliminary Injunction I njunction and Temporary Temporary Restraining rder! rder! doc7eted as G.R. No. (%)*<* (%)*<* as filed b"
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'tt". Ralph '. Sariento 5Sariento6 on (& 8anuar" ()%, hile the no 1uestioned 'nnex thereof, hich is the Motion to Transfer Hearing dated ( Noveber ())< filed before the !ffice of the ;eput" !budsan for the =isa"as 5!M>-=isa"as6 in the case doc7eted as !M>-=-C-)&-)%9-; % as filed b" 'tt". 'delaida R. Rendon 5Rendon6 soetie on ( Noveber ())<, ho as then representin/ petitioner Puentevella as respondent therein durin/ the preliinar" investi/ation bein/ conducted b" the !M>=isa"as. :. Given the circustances surroundin/ this case, insofar as the preparation and filin/ of the Petition for Certiorari before the #onorable Supree Court on (& 8anuar" ()%, the attachent of the 1uestioned Motion to Transfer Hearing dated ( Noveber ())< as 'nnex to said Petition, and the preparation and filin/ of the aforeentioned Motion, 'tt". Calleja respectfull" subits, as he li7eise be/s the indul/ence of this #onorable Court, that he had no participation hatsoever as re/ards such prior atters since he onl" becae counsel of petitioner hen the case as elevated to the Supree Court and after ore than a "ear had passed since the filin/ thereof. ?o reiterate, the Petition for Certiorari as filed on (& 8anuar" ()%: and as apparentl" prepared for petitioner Puentevella b" 'tt". Sariento hile the 1uestioned 'nnex , hich is the Motion to ?ransfer #earin/ filed before !M>-=isa"as as prepared for petitioner Puentevella b" 'tt". Rendon and as filed a" bac7 in ( Noveber ())<. *. 'tt". Calleja cannot be reasonabl" expected to 7no hether the 1uestioned 'nnex as altered or not /iven that he onl" entered his appearance as counsel for petitioner Puentevella on * Noveber ()%: . #e as in no a" involved in the case of petitioner Puentevella fro its inception durin/ the proceedin/s before the !M>-=isa"as up to the tie the Petition for Certiorari as filed before the #onorable Supree Court. Moreover, as a fello officer of the court, he relied in /ood faith ith the representations ade b" 'tt"s. Sariento and Rendon for hich he should not be faulted at all. &. Moreover, 'tt". Calleja respectfull" aintains that he had not violated Rules %).)%, %).)( and %).)9 of Canon %), Code of Professional Responsibilit" 5CPR6. #e respectfull" subits that he had faithfull" and conscientiousl" perfored his duties, both as counsel for petitioner Puentevella and as an officer of the court. Relative thereto, 'tt". Calleja hubl" posits the folloin/$ a.6 #e has not coitted an" falsehood nor had he consented to the doin/ of the sae, uch ore islead this #onorable Court or allo 0t to be isled b" an" artifice, as provided in Rule %).)%, Canon %), CPR, as he as not involved in the 1?he case is entitled @8oselito ?. >a"atan vs. Monico !. Puentevella, et al.A, hich later becae
the subject of the instant Petition for Certiorari doc7eted as G.R. No. (%)<*.
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preparation and filin/ of the subject Petition for Certiorari and the attachent of the 1uestioned Motion as 'nnex theretoB b.6 #e has not 7noin/l" is1uote or isrepresent the contents of the subject Petition or the 1uestioned Motion, as provided in Rule %).)(, Canon %), CPR, as he as not the author of either pleadin/ or paperB and finall" c.6 0n 7eepin/ ith the clear andate of Rule %).)9, Canon %), CPR, he has, at all ties, observed the rules of procedure and has not isused the to defeat the ends of justice as he had been conscientious in his dealin/s ith his client, petitioner Puentevella, ith his fello la"ers, and ost iportant of all, ith this #onorable Court. . 'tt". Calleja has not been reiss or ne/li/ent in dischar/in/ his tin duties to his client and to the courts, "et he ould nonetheless be/ the understandin/ and lenienc" of this #onorable Court for an" honest lapses for hich he a" be reasonabl" held accountable for, but not for the purported alterations on the 1uestioned Motion in the off-chance that indeed it as altered.
RELIEF WHEREFORE, in li/ht of the fore/oin/, 'tt". #oard M. Calleja , counsel for petitioner Monico !. Puentevella, respectfull" pra"s that this #onorable Court$
%. NOTE this CoplianceB (. CONSIDER as a!"#$ SUFFICIENTLY E%PLAINED his involveent as re/ards the issue on the purported altered Motion to ?ransfer #earin/ that as attached as 'nnex to the Petition for Certiorari filed on (& 8anuar" ()%B and 9. RENDER a R&s'()*"'# +&(a-"#$ A**. H'/a-+ M. Ca((&a /"*')* a# ("a"("* in the atterDissue at hand. !ther reliefs, just and e1uitable under the preises are li7eise pra"ed for. Pasi/ Cit" for Manila Cit". %& 'pril ()%*.
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Cop" furnished$ OFFICE OF LE3AL AFFAIRS OFFICE OF THE OMBUDSMAN National Governent Center '/ha Road, ;ilian, EueFon Cit"
SANDI3ANBAYAN Centennial >uildin/ Coonealth 've., EueFon Cit"
E%PLANATION
;ue to distance, tie constraints, and sufficient anpoer, personal filin/ and service of this Copliance as not resorted to and instead copies of the sae ere sent b" re/istered ail ith attached re/istr" receipts. ALFREDO L. BENTULAN JR.