This case has been cited 2 times or more.
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2006-07-25 |
CARPIO, J. |
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| The absence, however, of the certification would not necessarily mean that the case submitted for decision had not been reached in consultation before being assigned to one member for the writing of the opinion of the Court since the regular performance of official duty is presumed [Sec. 5 (m) of Rule 131, Rules of Court]. The lack of certification at the end of the decision would only serve as evidence of failure to observe the certification requirement and may be basis for holding the official responsible for the omission to account therefor [See I Record of the Constitutional Commission 460]. Such absence of certification would not have the effect of invalidating the decision.[11] (Emphasis supplied) | |||||
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2004-12-16 |
TINGA, J, |
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| From these provisions, it is clear that before a lawyer may be suspended from the practice of law by the IBP, there should be (1) a review of the investigator's report; (2) a formal voting; and (3) a vote of at least five (5) members of the Board. The rationale for this rule is simple: a decision reached by the Board in compliance with the procedure is the official decision of the Board as a body and not merely as the collective view of the individual members thereof. This is in keeping with the very nature of a collegial body which arrives at its decisions only after deliberation, the exchange of views and ideas, and the concurrence of the required majority vote.[24] Thus, the vote of the majority would be necessary for the validity of the Board's resolution. Without a vote having been taken, Resolution No. XVI-2003-241 (CBD Case No. 01-848) is void and has no effect. | |||||