Francia vs. Abdon CASE DIGEST ADMISSIBILITY OF EVIDENCE - A.C. No. 10031 July 23, 2014

 

Francia vs. Abdon, A.C. No. 10031 July 23, 2014

P: Reyes, J.

FACTS: Francia had a meeting with Abdon to seek his assistance with respect to a pending case in the CA involving a labor union.  Abdon who is a LA at the NLRC told Francia that he can facilitate, expedite and ensure the release of a favorable decision. Abdon told him that in order to facilitate the release of such favorable decision, the union must produce ₱1M for the ponente of the case and the 2 member justices, while a fraction thereof is allotted to his costs. Francia gave ₱350k as partial payment for the agreed and undertook to pay the balance. CA has rendered a decision against the union. The union members demanded for the return of the 350k. Abdon turned over ₱100k and promised to pay the balance of ₱250k as soon as possible. Abdon however, reneged on his promise and would not even advise Francia of the reason for his failure to return the money. Thus, Francia was constrained to give his car to the union to settle the remaining balance which Abdon failed to return. Francia filed for the disbarment of Labor Arbiter (LA) Abdon. Abdon denied the allegations.  

Francia submitted the following pieces of evidence: (1) a transcript of the exchange of text messages between him and Abdon; (2) affidavit Pena, officer of the Labor Organization; (3) a transcript of the text message confirming the Abdon’s mobile number; (4) copy of the CA decision; and (5) affidavit of Demillo.

The IBP-CBD recommended for the dismissal holding that there is no proof that the Abdon received money. IBP Board of Governors reversed the recommendation and approve the suspension from the practice of law for 1 year and to Return the 250k.

ISSUE: Whether or not the text messages between Francia and Abdon is admissible as evidence

HELD: No. Transcript of the alleged exchange of text messages between the complainant and the respondent cannot be admitted in evidence since the same was not authenticated in accordance with A.M. No. 01-7-01-SC, pertaining to the Rules on Electronic Evidence. Without proper authentication, the text messages presented by the complainant have no evidentiary value.

A preponderance of evidence is necessary before a lawyer maybe held administratively liable. It means evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto. Evidence submitted by the Francia fell short of the required quantum of proof. Aside from bare allegations, no evidence was presented to convincingly establish that the Abdon engaged in unlawful and dishonest conduct, particularly in extortion and influence-peddling.

The respondent, however, is not entirely faultless. He has, nonetheless, engendered the suspicion that he is engaged in an illegal deal. WHEREFORE, for having committed an act which compromised the public’s trust in the justice system, Abdon is SUSPENDED from the practice of law for a period of 1 month.