Cabarrus, Jr.

vs Bernas
Torres, Jr., J.: Jesus Cabarrus filed an administrative complaint for the disbarment
of Atty. Jose Antonio Bernas because the latter is allegedly committed forum
shopping by instigating a criminal complaint with the NBI while still handling a case
of the same facts and nature in a civil case wherein Cabarrus is also party against
Bernas client.
HELD: Act 157 specifically provides for the functions of the NBI; by clear reading of
its Section 1, NBI does not have any quasi-judicial powers. It only has merely
investigatory authority which is informational in nature. It is an investigative agency
whose findings are merely recommendatory. It undertakes investigation of crimes
upon its own initiative and as public welfare may require. It renders assistance when
requested in the investigation or detection of crimes in order to prosecute those
who are responsible thereof; by these functions, it is clear cut that the powers held
by the NBI to investigate were incidental to their creation. It is the courts, tribunals
and agencies requiring the assistance of the NBI who has the power to adjudicate
based on the investigative findings of the NBI.
There is no forum shopping committed since NBI is not a forum which decides on a
case.