CASE DIGEST
TABLIZO V. GOLANGCO
A.C. No. 10636. October
12, 2020
SECOND DIVISION, HERNANDO
J.
Gross Misconduct
DOCTRINE: A lawyer who holds a government office
may be disciplined as a member of the Bar if the misconduct committed in the
discharge of their duties as a government official also constitutes a violation
of their oath as a lawyer.
The case involves an administrative
complaint for Grave Misconduct against four officials of the Office of the
Deputy Ombudsman for Luzon: Atty. Elbert L. Bunagan, Atty. Joaquin F. Salazar,
Atty. Joyrich M. Golangco, and Atty. Adoracion A. Agbada. The complainant
accused them of failing to properly investigate charges of violations of
Republic Act (RA) Nos. 3019 and 6713 against former and incumbent Mayors of
Virac, Catanduanes. Respondent Atty. Bunagan issued a Consolidated Resolution
dismissing the complaints, which was later approved by Ombudsman Conchita
Carpio-Morales. The case was referred to the Integrated Bar of the Philippines
(IBP) for investigation.
Whether respondents committed Gross Misconduct in
relation to the performance of their official duties as officers of the Office
of the Ombudsman.
NO.
Gross Misconduct, as defined by the court, can lead to disbarment or suspension
from the practice of law. However, the burden of proof lies with the
complainant. However, the complainant fails to provide substantial evidence to
support the allegations, and the respondents enjoy the presumption of
innocence. The court finds that the respondents properly performed their
official duties and sufficiently justified their decisions to dismiss with sufficient
factual and legal bases, making the resolutions not completely arbitrary,
capricious, or groundless.
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