Fermin v. Bedol
REITERATIONFacts
The Antecedents: Complainant Mike A. Fermin filed an administrative complaint for disbarment against respondent Atty. Lintang H. Bedol for violation of Canon 1 of the Code of Professional Responsibility. The complaint stemmed from respondent's actions as Provincial Election Supervisor III of Maguindanao. Bai Susan Samad, an opponent of the complainant, filed a petition with the COMELEC en banc to declare a failure of election in Precinct No. 25A/26A of Barangay Guiawa and to hold a special election. The COMELEC en banc issued a Resolution dated July 27, 2004, declaring a failure of election and setting a special election for July 28, 2004. However, prior to this resolution, respondent issued notices dated July 23, 2004, informing candidates, political parties, and voters of the scheduled special election. He also issued notices for a conference on July 25, 2004, and for the canvassing of votes on July 26, 2004. Procedural History: Complainant alleged that respondent's issuance of premature notices was without basis in law and fact, demonstrating a disregard for the rule of law and rendering him unfit to be a member of the Bar. The case was referred to the Integrated Bar of the Philippines (IBP) for investigation. The IBP Commission on Bar Discipline (CBD-IBP) found respondent guilty of violating Canon 1 and recommended a reprimand. The IBP Board of Governors modified this recommendation, suspending respondent from the practice of law for one year. The Petition: The Supreme Court reviewed the IBP's Resolution and concurred with its findings and conclusions.
Issue(s)
Whether respondent Atty. Lintang H. Bedol violated Canon 1 of the Code of Professional Responsibility by issuing notices for a special election prior to the COMELEC en banc's resolution declaring a failure of election. Whether respondent's actions warrant suspension from the practice of law.
Ruling
The Supreme Court adopted and approved the Resolution of the Integrated Bar of the Philippines Board of Governors dated April 16, 2010. Atty. Lintang H. Bedol was found guilty of violating Canon 1 of the Code of Professional Responsibility and was ordered suspended from the practice of law for a period of one (1) year, with a stern warning against repetition of the offense.
Ratio Decidendi
On the violation of Canon 1 of the Code of Professional Responsibility: The Court affirmed the findings of the IBP that respondent violated Canon 1. Section 4 of Republic Act No. 7166 clearly states that the postponement, declaration of failure of election, and calling of special elections shall be decided by the Commission sitting en banc by a majority vote of its members. In this case, the COMELEC en banc issued its Resolution on July 27, 2004, declaring the failure of election and the holding of a special election. However, respondent, as Provincial Election Supervisor, had already issued notices for the special election on July 23, 2004, a conference on July 25, 2004, and a notice for canvassing on July 26, 2004. These actions were taken prior to the COMELEC en banc's official declaration, which is contrary to the prescribed procedure under the law and COMELEC rules. By issuing these premature notices, respondent breached his duty to obey the laws and legal orders of duly constituted authorities, thereby violating Canon 1. On the warrant for suspension from the practice of law: The Court found that respondent's act of issuing notices ahead of the COMELEC en banc Resolution was not in compliance with legal procedures. Canon 1 mandates that every lawyer must obey laws and legal processes and promote respect for them. Lawyers are expected to be exemplars of observing and maintaining the rule of law, especially those in public office. The respondent's justification that there was insufficient time to prepare for the special election was deemed without basis in law, as the notices were issued even before the COMELEC had decided on the need for a special election. Members of the Bar are reminded that their primary duty is to comply with procedural rules, not to seek exceptions. Given these violations, the IBP's penalty of suspension from the practice of law for one year was deemed appropriate and was adopted by the Supreme Court.
Main Doctrine
A lawyer, especially one occupying a public office, must uphold the Constitution, obey the laws of the land, and promote respect for law and legal processes. Issuing notices for a special election prior to the official declaration of a failure of election by the COMELEC en banc constitutes a violation of Canon 1 of the Code of Professional Responsibility.