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Disbarment & Discipline of Attorneys: Integrated Bar of The Philippines (IBP)
Disbarment & Discipline of Attorneys: Integrated Bar of The Philippines (IBP)
DISBARMENT & DISCIPLINE OF
ATTORNEYS
Rule 139-B
.
The IBP Board of Governors may, motu proprio or upon
referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and
prosecute proper charges against erring attorneys
including those in the government service; Provided,
however, that all
1. Any person
Note: Any other form of written complaint may also be submitted. (At least 2 copies)
Section 61. Filing. – Subject to Section 45 of this Rules,
decisions of heads of departments, agencies, provinces,
cities, municipalities and other instrumentalities
imposing a penalty exceeding thirty (30) days
suspension or fine in an amount exceeding thirty (30)
days salary, may be appealed to the Commission within
a period of fifteen (15) days from receipt thereof. In
cases the decision rendered by a bureau or office head is
appealable to the Commission, the same may be
initially appealed to the department head and then
finally to the Commission.
MEMORANDUM
FOR : FORTUNATA M. RUBICO
Assistant Commissioner
This Sector
May it please be informed that in submitting the draft on the subject guideline
to the Honorable Commission Proper, it was coursed thru you and Assistant
Commissioner Roy L. Ursal. It is well within your authority therefore to do anything
proper before affixing your signatures indorsing it to the CP. In writing that
memorándum for the CP, the undersigned is just trying his best to faithfully comply
with the directive of the Honorable Chairperson, amidst difficult circumstances
beyond his control, to submit to the CP the proposed guideline at least still very near
the set deadline.
CELSO L. VOCAL
Director IV
TWG Chair
Copy furnished:
LJCMM/clv
MEMORANDUM
MARIO G. LIPANA
Commissioner
ROY L. URSAL
Pursuant to Office Order No. 2023-334 dated March 23, 2023 of the
Honorable Chairperson, this Commission, respectfully submitted is the preceding
draft on the proposed guidelines above-captioned. May it please be informed that
softcopies of an earlier draft were floated to all sectors, which comments and
recommendations received as of June 30 of last week were duly considered in
finalizing this draft.
CELSO L. VOCAL
Director IV
TWG Chair
Copy furnished:
LJCMM/clv
MEMORANDUM
Pursuant to Office Order No. 2023-334 dated March 23, 2023 of the
Honorable Chairperson, this Commission, respectfully referred is the preceding draft
on the subject guidelines incorporating therein the comments of Asst. Commissioner
and General Counsel Fortunata M. Rubico, and the undersigned’s clarifications as
Chair of the Technical Working Group (TWG).
Conformably with the Office Order, ‘[t]he TWG shall complete the study and
submit its proposal to the Commission Proper, through the Assistant Commissioner of
LSS and CPASS, on or before June 30, 2023.’ The invaluable assistance of the
Assistant Commissioners’ Group is thus most sincerely sought.
CELSO L. VOCAL
Director IV
TWG Chair
Copy furnished:
GAMALIEL A. CORDOBA
Chairperson
ROLAND CAFÉ PONDOC
Commissioner
MARIO G. LIPANA
Commissioner
(All of) The Honorable Commission Proper
This Commission
LJCMM/clv
Annex A
APPLICATION FORM
(For the Audit of Foreign-Based Government Agencies)
PART I.
Name: Celso L. Vocal Age: 61
Position: Director IV Gender: Male
Designation: Director Birthday: 9/14/61
Present Assignment: Office of the Assistant Commissioner, Legal Telephone 89319287
Services Sector No.: Local 8023
Commonwealth Avenue, Quezon City Cellular
Work Address: Phone No. 09151476926
Email celvoc@yahoo.
Address: com
YES NO
Do you have actual audit experience? /
If yes, number of years of audit experience: 37
If no actual audit experience, have you attended the following trainings/seminars in the
last five years? – Not applicable.
a. Seminar on Cash Examination
b. Writing an Audit Observation Memorandum Seminar
c. Audit of Government Expenditures
d. Property and Supply Management Seminar
e. Cash Management and Control System
Are you proficient in computer soft wares such as MS Word, MS Excel and Email? /
Have you been charged administratively? /
Applicable to SG 26 and below
Have you been deployed for FBGAS audit within the period 2018 to 2022?
Applicable to SG 27 and 28
Have you been on official travel abroad in the past 2 years? If yes, kindly state the details /
of your travel (date, purpose, etc.)
PART II.
Checklist of Documentary Requirements YES NO
1 Work Assignment History /
2 Performance Ratings (OPCR/DPCR) /
Year 1: First Performance Rating (January 1 to June 30, 2021) 4.933
Second Performance Rating (July 1 to December 31, 2021) 4.908
Year 2: First Performance Rating (January 1 to June 30, 2022) 4.871
Second Performance Rating (July 1 to December 31, 2022)
3 Certificate of Training (for those with no actual auditing experience) – N/A
Seminar on Cash Examination
Writing an Audit Observation Memorandum Seminar
Seminar on the Audit of Government Expenditures
Property and Supply Management Seminar
Cash Management and Control System
4 On-the-Job Training Certificate (for those with no actual auditing experience) – N/A
Seminar on Cash Examination
MEMORANDUM
CELSO L. VOCAL
3) expressing his desire to be included in the pool
of auditors for this year’s audi of F
courts and other tribunals poses a big problem. In both cases, and
even for court adjudicated money claims, adjudication in this Commission is
made more complicated by such matters as whether or not interest should
be granted, and in the affirmative, the rates, amounts and the reckoning
period to be used in the computation; the cost of suits, attorneys fees and
other litigation expenses awarded by way of damages accompanying the
judgments that may be granted; and the sources of funds that the National
Government Agencies, GOCCs, LGUs and other agencies or
instrumentalities of the government should charge from to satisfy judgments
on money claims.
1.0 PURPOSE
The claim or demand may be for money owed under any of the following:
3.0 JURISDICTION
4.0 VENUE
5.0 DEFINITION OF TERMS
(a) Plaintiff refers to the party who initiated a money claim action. The
term includes a defendant who has filed a counterclaim against
plaintiff;
(b) Defendant is the party against whom the plaintiff has filed a money
claim action. The term includes a plaintiff against whom a defendant
has filed a claim, or a person who replies to the claim;
(c) Person is an individual, corporation, partnership, limited liability
partnership, association, or other juridical entity endowed with
personality by law;
(e) Motion means a party's written request for an order or other action;
and
6.4 A petition for money claim shall be filed in five (5) copies stating therein
the names and addresses of all petitioners and defendants. It shall be
signed and verified by the petitioner or by the duly authorized
representative. The full names of all parties-in-interest, whether natural or
juridical persons or entities authorized by law, shall be stated.
8.0 JOINDER OF CLAIMS
Plaintiff may join in a single statement of claim one or more separate claims
against a defendant.
The plaintiff shall pay filing fee in the amount of a filing fee equivalent to
1/10 of 1% of the amount involved, but not exceeding P20,000.00 and legal
research fee of 1% of the filing fee but not to exceed P10.00.
After the director or the CP determines that the case falls under this
Guideline, it may, from an examination of the allegations of the Petition and
such evidence attached thereto, by themselves, dismiss the case outright on
any of the grounds for the dismissal of the case, otherwise, the Petition shall
be referred to the Defendant for filing of Answer and/or Counterclaim. The
order of dismissal shall state if it is with or without prejudice.
Upon the receipt of the petition, the director or the CP, within fifteen (15)
days shall issue an Order requiring respondent to answer the petition.
12.1 The defendant shall file with the director or the CP and serve on the
plaintiff a duly accomplished and verified Answer within a non-
extendible period of fifteen (15) days from receipt of the Order. The
Answer shall be accompanied by certified photocopies of documents, as
well as affidavits of witnesses, if any, and other evidence in support
thereof. Evidence not attached to or submitted together with the
Response, shall be allowed, unless good cause is shown for the
admission of additional evidence.
12.2 The answer shall (1) point out insufficiencies or inaccuracies in the
petitioner’s statement of facts and issues and (2) state the reasons why
the petition should be denied or dismissed or granted. Copy of the
answer shall be served on the petitioner and the proof of service
thereof shall be attached to the Answer.
12.4 If, in the examination of the Answer and such evidence attached
thereto, the director or the CP is able to determine that there exists a
ground for dismissal of the Statement of Claim/s, it may, by themselves,
dismiss the case even if such ground is not pleaded in the defendant's
Answer.
Should the defendant fail to file his/her/its Answer within the prescribed
period, the director or CP shall proceed referring the Petition to the
auditors concerned for comment and recommendation
Petitioner may file a Reply, copy furnished the Respondent, within fifteen
(15) days from receipt of the Answer.
After the filing or after the lapsed of the period within which to file of the
Answer and Reply and none is filed, petitions for money claims, including
court-adjudicated claims, shall then be referred to the concerned auditors for
comment and recommendation.
16.2 Electronic copies submitted should be the exact copy of the papers filed
personally, by registered mail, by accredited courier, by email or other
means of electronic transmission. Electronic copies of papers filed in
person shall contain the official receiving stamp of the docketing office,
clearly showing the date and time of the filing of the hard copy and must
be duly signed by the receiving clerk.
16.4 Electronic copies of papers filed via electronic means shall include the
PDF copy of the Affidavit of Electronic Filing of the Petition and its
annexes, with an undertaking that the filer will submit the exact hard copy
to the director or the CP within the reglementary period from the date of
electronic transmission.
16.5 The electronic copy, the file name of which must be the same as the
document title, must be in PDF format and individually saved as well as
attached to one email only. In any event that the total file size of the
electronic documents exceeds that maximum size allowed for uploading,
the filer shall send the electronic documents in several batches, with clear
indication in the email subject the batch number of the email and the total
batches of email sent.
16.6 The filer shall also attach to the email a Verified Declaration that the
documents submitted electronically are complete and true copies of the
printed documents filed.
16.7 In case of filing through email, the date when the email or other electronic
means was transmitted shall be considered to be the date of filing.
Acknowledgement of receipt is not determinative of the date of filing but rather,
the actual sending as evidenced merely by the date of transmission is all that
is needed.
16.10 As with filing and service through accredited courier, a separate affidavit is
required in order to prove the filing or service through electronic means. The
affidavit is to be executed by the filing or serving party. In the case of service,
all that need be attached to the affidavit is printed proof of transmittal. In the
case of filing, the required attachments to the affidavit are different. In case of
filing by email, the affidavit is accompanied by either a paper copy of the
pleading or document transmitted, or a written or stamped acknowledgment
of its filing by the office of the COA cluster or regional director. If the filing was
through any other authorized electronic means other than email, the affidavit
is to be accompanied by a copy of the electronic acknowledgment of its filing.
20.2 Money claims in excess of the threshold authority of the director shall
be forwarded to the Commission Proper.
Within thirty (30) days from receipt of the complete records of the case
necessary for the full adjudication of the claim, the CP shall assigned the
case to the appropriate office of the CPAS which shall prepare a decision
for deliberation and approval of the CP. not
Within 60 days from receipt of the decision on the petition, any party
aggrieved thereby may file with the CP a motion for reconsideration (MR)
on the grounds that the evidence is insufficient to justify the decision or
resolution, or is contrary to law.
GAMALIEL A. CORDOBA
Chairman
Attested by:
JOEL O. ESTOLATAN
Director IV
Commission Secretariat
May 8, 2023
Madam:
The undersigned respectfully submits, two copies each of the subject original
authenticated documents in support of his April 20, 2023 application to a position
higher than his present position submitted on even date, as follows:
CELSO L. VOCAL
Director IV
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
Office of the Assistant Commissioner
Legal Services Sector
May 4, 2023
Dear Sir/Madam:
As indicated in the letterhead of this request, his mailing address is the office
he
is presently assigned. He is director IV of the Office of the Assistant
Commissioner,
Legal Services Sector, Commonwealth Avenue, Quezon City. His cellphone
number is 09151476926. For ease of reference, he is attaching softcopy of his bar
ratings. Scanned copy of the corresponding fees under Landbank cash deposit slip
dated April 20, 2023 in the amount of P600.00 is likewise attached.
This request is made for the purpose of updating his 201 file with this
Commission, and for other purposes these certifications may legally serve.
The Almighty God bless and keep us all safe always.
CELSO L. VOCAL
Director IV
CLV/loi
May 2, 2023
As indicated in the letterhead of this request, his mailing address is the office
he
is presently assigned. He is director IV of the Office of the Assistant
Commissioner,
Legal Services Sector, Commonwealth Avenue, Quezon City. His cellphone
number is 09151476926. For ease of reference, he is attaching softcopy of his bar
ratings. Scanned copy of the corresponding fees under Landbank cash deposit slip
dated April 20, 2023 in the amount of P600.00 is likewise attached.
This request is made for the purpose of updating his 201 file with this
Commission, and for other purposes these certifications may legally serve.
CELSO L. VOCAL
Director IV
CLV/loi
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
Office of the Assistant Commissioner
Legal Services Sector
GAMALIEL A. CORDOBA
Chairperson
ROLAND CAFÉ PONDOC
Commissioner
MARIO G. LIPANA
Commissioner
(All of) The Honorable Commission Proper
This Commission
Dear Sirs:
CELSO L. VOCAL
Director IV
CLV/loi
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
Office of the Assistant Commissioner
Legal Services Sector
Blessings,
CELSO L. VOCAL
Director IV
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
Office of the Assistant Commissioner
Legal Services Sector
Madam:
CELSO L. VOCAL
Director IV
Republic of the Philippines
COMMISSION ON AUDIT
Commonwealth Avenue, Quezon City, Philippines
Office of the Assistant Commissioner
Legal Services Sector
Madam:
The peace and love of the Lord Jesus Christ!
The undersigned most respectfully requests to consider including his name in the list
of applicants for the position of Assistant Commissioner. As can be verified from
records on file with that Office, he has been Director IV for already quite a long time.
This gives him the confidence that he is well ready to undertake the higher
responsibilities incumbent to the position he is intending to apply.
Looking forward to hearing from you advising him of any other information he can
provide to support his application.
(Hardcopy Signed)
CELSO L. VOCAL
Director IV
GAMALIEL A. CORDOBA
Chairperson
ROLAND CAFÉ PONDOC
Commissioner
MARIO G. LIPANA
Commissioner
(All of) The Honorable Commission Proper
This Commission
Thru: LORNA D. CABOCHAN
Assistant Commissioner
Administration Sector
Dear Sirs:
The undersigned most respectfully requests to consider including his name in the list
of applicants for the position of Assistant Commissioner. As can be verified from
records on file with that Office, he has been Director IV for already quite a long time.
This gives him the confidence that he is well ready to undertake the higher
responsibilities incumbent to the position he is intending to apply.
(Hardcopy Signed)
CELSO L. VOCAL
Director IV
Republic of the Philippines
City of Manila
AFFIDAVIT OF LOSS
That years back in 1983, I took and passed the Certified Public Accountant
licensure examination.
That our place (Oroquieta City) was for the first been heavily flooded in the
morning of December 26, 2022 causing huge damage upon our and our neighbors’
homes and other properties.
That among those damaged, being soaked in muddy water, were the originals
of my said Certificate of Registration and board rating.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of May
2023 in Manila, Phillippines.
CELSO L. VOCAL
Affiant
SUBSCRIBED AND SWORN before me this 5th day of May 2023 in Manila,
Philippines.
Doc. No. ______
Page No. ______
Book No. ______
Series of 2023