SC dismisses disbarment case vs 3 prosecutors
THE SUPREME Court (SC) has dismissed the disbarment case filed by a civilian against three Makati City prosecutors for lack of jurisdiction.
In its resolution dated March 24 and published on June 18, the court held that lawyers occupying government posts “may not be disciplined as a member of the bar for misconduct in the discharge of his duties as a government official,” unless the misconduct affects the lawyer’s qualification as a lawyer or is immoral.
The High Court said the basis of the disbarment petition involves a case relating to their work as public lawyers.
The complainant filed a disbarment case against the three prosecutors for “gross ignorance of the law, dereliction of duty, and dishonesty” when they refused to file charges against the subjects of a perjury and subordination of perjury case filed by the complainant in 2013.
The prosecutors declared that in the perjury case, the evidence of the complainant “to prove the presence of perjurious statements” was insufficient, and that the complainant’s assertions were “obscure, which cannot be valid basis to file an information,” hence their decision to dismiss the case.
The three prosecutors’ dismissal of the 2013 complaint “is an exercise of their official duty,” the Supreme Court said, thus “the remedy of disbarment being sought by complainant is inappropriate.” — Bianca Angelica D. Añago
