@ Republic of the Philippines ‘Supreme Court ‘Manila SECOND DIVISION ATTY. FERNANDO P. PERITO, A.C.No. 12631 ‘Complainant, Present: PERLAS-BERNABE, J, Chairperson, HERNANDO, INTIN' DELOS SANTOS, and GAERLAN, JU ATTY. BERTRAND A. BATERINA, ATTY. RYAN R. BESID, ATTY. RICHIE L. TIBLANL, and ATTY. MART Promulgated: “7 KHRISR’ PAMMIT, Respondents DECISION HERNANDO, J: ‘This is a Petition for Disbarment’ filed by Atty. Femando P. Perito (Auy, Petito) before the Integrated Bar of the Philippines (IBP) against respondents Atty. Bertrand A. Baterina (Atty. Batrina), Atty. Ryan R. Besid (Atty, Besid), Aty. Richie L, Tiblani (Atty. Tiblan), and Atty. Mati Kris R, Pammit (Atty. Pammit) ‘The Facts Atty. Perito was the lawyer for the accused in a kidnapping case entitled People v Josephine and Jason Bracamonte which was filed before Branch 169 of the Regional Trial Court (RTC) of Malabon. The ease was initially filed by Antonio Galian (Galian) bute was later substituted by Geri(Former CBD Cave No. 09.2492) Villa. Respondents Attys. Baterina and Besid? were the private prosecutors? During the reinvestigation ofthe kidnapping ease, the Investigating Panel of the Department of Justice (DOI) issued a Resolution dated August 1, 2007 dismissing the charge against the Bracamontes. Atys. Baterina and Besid, as Galian’s counsels, filed a Motion for Reconsideration which the DO! dismissed in a Resolution dated September 27, 2007. Atty. Besid then filed « Petition for Review! before the Secretary of Justice Meanwhile, in view of the DOJ's August 1, 2007 Resolution and the repeated failure ofthe private complainant o appear despite due notice, the RIC issued an Order on September 17, 2007, provisionally dismissing the fase against the Bracamontes, but without prejudice to any motion for reconsideration which may have been filed by the private prosecutors, Consequently, Attys. Baterina and Besid filed a motion for reconsideration” Which the RTC denied in an Order dated December 17, 2007" for lack of conformity ofthe public prosecutor. Afterwards, Attys. Batetina and Besid filed a Petition for Certiorar? with the Court of Appeals (CA) with Dulee Hernandez (Dulce) (mother of the alleged kidnap Vietim) as petitioner.” On August 29, 2008, Attys. Baterina and Besid leamed that the Bracamontes had filed a disbarment case against them before the Court which was docketed as A.C. No. 7929, Suspecting that Any, Perito was behind the filing of said complaint, Au. Buterina fled a countersuit for sfisbaruent! wpa Auy, Perito which Was docketed as CL Case No. OS 2468. Relevanly, though, A.C. No, 7929 (Josephine Bracamonte, etal Atys. Bertrand 4. Baterina and Ryan R Besid) was dismissed, and thereafter dectared as closed and terminated," Also, CBD Case No, 09-2468 (Aty. Berirand A. Baterina v. Att. Ferdinand P.Perito) was dismissed by the IBP-Board of Govemors (80G) for lack of merit" Nonetheless, in the case at bench, Atty. Perito changed herein respondents with pursuing 2 losing and dismissed case or endlessly ppersecuting the Bracamonies inthe kidnapping case, and for fling a baseless disbarment complaint against him (Atty. Perito) grounded on suspicion SteamersDecision 2 AG.No. 12601 (Former CBD Case No. 05.2492) Atty, Petto likewise charged respondents Attys. Baterina and Besid with ‘misrepresentation because Dulce was never an original complainant in the proceedings before the Oifice ofthe Prosecutor of Malahon, the DOJ and the RTC of Malaboo, nor can she represent the then alleged minor victim ‘who already reached the age of majority at that time.!® Moreover, Atty. Perito charged Attys, Baterna and Besid of demeanor "unbecoming of members ofthe Bar for purportedly accusing him of “being, the cause of the prolonged detention of accused Josephine Bracamonte," “delaying the proceedings ofthe case and obtaining undue advantage by not tending the hearing scheduled by the Court,’ ‘adopting a scheme where counsel will go to court and making a manifestation in open court even if the case isnot scheduled on that day” (and] “depriving private complainant of his day in cour, fir play and right be heard" In addition, Aty. Perit asserted that respondent failed to uphold the tego Ca of pp 272. P. 3944-40199 sng Cano of reins 8. ® SEELEY. Dihrmet peso tg y Spans Cows grams are kaa of ‘oe barnay be dab poi om hac a oe by he Sues Co hace ‘to. he or at sl a tcp oly appearing a on stan fs py wae wat net wd 30, The gE sing nen fe pap of eh eal rh Pat he SC Deon to 30, 2008 eGR. Na 145 Ue Rd 20-8 eof Cm Ay ‘in Pa 31,2861)Decision Formerly CRD Case Nov SO ORDERED. "AUL [. HERNANDO. Associate Justice WE CONCUR: RLAS-BERNABE ‘Senior Associate lustice Chaitperson co HENRLSEAN PAUL. INTING EDGARDO L. DELOS SANTOS. ‘Associate hustce Associate Justice SAMUEL H. GAERLAN Associate Justice