Flores v. Mayor, Jr.
Flores v. Mayor, Jr.
~upreme qcourt
;frManila
EN BANC
Complainant,
- versus -
SERENO, CJ,
CARPIO,
VELASCO, JR., *
LEONARDO-DE CASTRO,
BRION,**
PERALTA,
BERSAMIN,*
DEL CASTILLO,
VILLARAMA, JR.,***
PEREZ,
MENDOZA,
REYES**
'
PERLAS-BERNABE,
LEONEN, and
JARDELEZA, JJ
Promulgated:
-1'\ hr .
RESOLUTION
Per Curiam:
In a Resolution 1 dated 21 March 2014 in Administrative Case No.
7314, Mary Ann T Flores v. Atty. Jovencio LL. Mayor, Jr., the Board of
Governors (Board) of the Integrated Bar of the Philippines (IBP) adopted
and approved the Report and Recommendation2 of the Investigating
Commissioner3 finding respondent guilty of violation of his sworn duty not
No part.
On leave .
... On official leave.
1
Rollo, p. 307.
2
Id. at 257-268.
3
Atty. Rico A. Limpingco.
Resolution
to delay any mans cause for money or malice and disbarring him from the
practice of law.
FACTS
This administrative case stemmed from the Complaint for illegal
dismissal filed with the National Labor Relations Commission (NLRC) by
Jose Roberto Flores (Flores), the husband of herein complainant, against
JMJB International Services, Inc. The case, docketed as NLRC Case No. 9906-0972, was raffled to respondent, who is a Labor Arbiter.4
In a Decision5 dated 23 July 2001, respondent dismissed the case on a
finding that Flores had voluntarily resigned from employment.6
Flores elevated the case to the NLRC, but the appeal was dismissed
for having been filed out of time. The case was then brought to the Court of
Appeals (CA).7
The CA, in its Decision8 dated 21 October 2002, ruled that the appeal
to the NLRC had been timely filed.9 The appellate court set aside the NLRC
Resolution for being null and void and granted monetary awards to Flores.10
On 19 February 2003, the CA Decision became final and executory.11
On 24 July 2003, Flores filed before respondent a Motion for
Execution of the CA Decision.12
On 15 November 2003, complainant claimed that the counsel of her
husband received from the CA a Notice of Transmittal of Records of Case
dated 19 August 2003 addressed to the Clerk of Court of the NLRC.
As respondent was not acting on the Motion for Execution, the
counsel of Flores filed an Urgent Ex-Parte Manifestation on 20 September
2004 praying that the motion be resolved with dispatch.
Upon inquiry with respondents labor arbitration associate, the
counsel learned that the records of the case were still being requested from
4
Rollo, p. 3.
Id. at 10-19.
6
Id. at 18.
7
Id. at 3.
8
Id. at 20-29. Penned by Associate Justice Andres B. Reyes, Jr., with Associate Justices Ruben T. Reyes
and Danilo B. Pine concurring.
9
Id. at 25.
10
Id. at 28-29.
11
Id. at 103.
12
Id. at 30-32.
5
Resolution
13
Id. at 237-238.
Id. at 34.
15
Id. at 238.
16
Id. at 213.
17
Id. at 1.
18
Id. at 125.
19
Id. at 257-268.
20
Id. at 268.
14
Resolution
21
Id. at 255.
Id. at 269-297.
23
Id. at 307.
24
Id.
25
See the Bar Confidants Report for Agenda at the end of the rollo.
22
Resolution
Resolution
Resolution
~I
(No part)
PRESBITERO J. VELASCO, JR.
Associate Justice
Associate Justice
~~h~
TERESITA J. LEONARDO-DE CASTRO
Associate Justice
(On leave)
ARTURO D. BRION
Associate Justice
(No part)
LUCAS P. BERSAMIN
Associate Justice
,
~;;?
ARIANO C. DEL CASTILLO
Associate Justice
JOSE CA
(On leave)
BIENVENIDO L. REYES
Associate Justice
~~AS-BERNABE
ESTELA
Associate Justice
"
,,....
Associate Justice
DOZA
Associate Justice
'