SECOND DIVISION
[A.C. No. 8332. February 17, 2021.]
ANTONINO L. ALINDOGAN, JR., complainant , vs. ATTY.
FERNANDO T. BARICAN, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution
dated 17 February 2021 which reads as follows:
"A.C. No. 8332 (Antonino L. Alindogan, Jr. v. Atty. Fernando T.
Barican). — The death of the respondent in a disbarment complaint renders
the case moot and academic. 1 For in personal actions such as disbarment,
the right of action dies with the person. Actio personalis moritur cum
persona. 2
Thus, in Guevara v. Calalang , 3 the death of respondent Maximo
Calalang on August 8, 1978 mooted the complaint against him. Similarly,
Lazaro v. Sagun 4 was dismissed in view of therein respondent's untimely
demise. Finally, in Re: Rivera, 5 the Court deemed the case closed and
terminated in view of the death of respondent Nestor C. Rivera.
Here, despite the non-submission of the death certificate of respondent
Atty. Fernando T. Barican, the Court finds sufficient basis to dismiss the
present complaint.
The Court takes judicial notice of the fact that various news outlets
including the Philippine Daily Inquirer, 6 the Manila Times, 7 ABS-CBN News, 8
Rappler 9 and the Philippine Star 10 had reported respondent's death in
October 2014. DETACa
There is no mistaking that the Atty. Fernando "Jerry" T. Barican
referred to in the news, on the one hand, and respondent Atty. Fernando T.
Barican herein, on the other, refer to one and the same person. Respondent,
after all, was a prominent political figure, having served as presidential
spokesperson to former president Joseph Ejercito Estrada. The news also
mentioned his other credentials such as Harvard graduate, activist, co-
founder of LABAN, as well as his work in the banking industry where he met
complainant Antonino L. Alindogan, Jr.
All told, the Court is convinced that respondent had shuffled off his
mortal coil. In light of this supervening event, the Court may no longer
exercise jurisdiction over the present complaint. 11 HEITAD
ACCORDINGLY, the complaint for disbarment against Atty. Fernando
T. Barican is DISMISSED.
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SO ORDERED."
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZON
Division Clerk of Court
Footnotes
1. Guevara v. Calalang , 202 Phil. 328-332 (1982).
2. Pelejo v. Zaballero , 208 Phil. 390-392 (1983).
3. 202 Phil. 328-332 (1982).
4. 168 Phil. 259-261 (1977).
5. A.C. No. 10874 (Notice), December 2, 2015.
6. https://newsinfo.inquirer.net/642641/jerry-barican-activist-leader-dies-at-66 last
accessed on February 1, 2021, 4:30PM.
7. https://www.manilatimes.net/2014/10/05/news/top-stories/palace-mourns-death-
jerry-barican/132040/ last accessed on February 1, 2021, 4:30PM.
8. https://news.abs-cbn.com/nation/10/05/14/barican-ex-erap-spokesman-dies last
accessed on February 1, 2021, 4:30PM.
9. https://r3.rappler.com/nation/71024-jerry-barican-dies last accessed on February
1, 2021, 4:30PM.
10. https://www.philstar.com/lifestyle/sunday-life/2014/10/12/1379051/brilliant-
star-crossed-life-jerry-barican last accessed on February 1, 2021, 4:30PM.
11. See Caoile v. Macaraeg, 720 Phil. 578, 585 (2015).
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