OCA CIRCULAR NO. 25-2009, March 16, 2009

OCA CIRCULAR NO. 25-2009, March 16, 2009

OCA Circulars March 16, 2009
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TO:
THE COURT OF APPEALS,
SANDIGANBAYAN, COURT OF TAX APPEALS, REGIONAL TRIAL COURTS, SHARI’ A
DISTRICT COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS, SHARI’ A CIRCUIT COURTS, THE OFFICE OF
THE CHIEF STATE PROSECUTOR, PUBLIC ATTORNEY’ S OFFICE AND THE INTEGRATED
BAR OF THE PHILIPPINES
SUBJECT:

SUSPENSION FROM THE PRACTICE OF LAW FOR ONE (1) YEAR OF ATTY. DANIEL B. RAFAEL PENUELA

For your information and guidance, quoted hereunder is the
dispositive portion of the Resolution of the Second Division dated 22
September 2008, in Administrative Case No. 7904, entitled “Rhodora B. Yutuc vs. Atty. Daniel Rafael B. Penuela”, to wit:

“WHEREFORE, Atty. Daniel Rafael B. Penuela is adjudged GUILTY of
misconduct, negligence, and lack of candor in the performance of his
responsibilities to his client in violation of Canon 15, Canon 16, and
Rule 18.03, Canon 18 of the Code of Professional Responsibility. He is
hereby SUSPENDED from the practice of one (1) year
effective upon receipt of this Resolution. He is also ordered to return to complainant Rhodora B. Yutuc, the amount of PhP 25, 000 with legal
interest of six (6) percent per annum from the time of his receipt of
the money on November 22, 2005 up to finality of this Resolution and
twelve (12) percent per annum from finality thereof until paid.”

The respondent’s Motion for Reconsideration of the Resolution
dated 22 September 2008 which suspended him from the practice of law for
one (1) year was DENIED with FINALITY, as no substantial matter were
raised to warrant reconsideration thereof pursuant to the Resolution of
the Second Division dated 14 January 2009.

March__16__,2009.

 
JOSE P. PEREZ
 
Court Administrator