Cited Laws
TL;DR — Ruling
WHEREFORE, it is respectfully recommended the herein respondent be declared guilty of violating Canon 1, Rule 1.02, Canon 11, Rule 11.04, Rule 11.05, and Rule 13.
Accordingly, Atty. Lazo implored his colleagues to scrutinize the case and file a complaint against Judge Ramos before the Office of the Court Administrator (OCA). [6] In both instances, the media was present during the delivery of Atty. Lazo's speeches. [7] Thereafter, the Sangguniang Panlalawigan passed Provincial Resolution No. 011-2013 entitled " A Resolution Imploring the Honorable Supreme Court to Conduct an Investigation to Determine the Moral Fitness and Competence of Judge Rosemarie V. Ramos to Continue to Sit as Presiding Judge of the Regional Trial Court, Branch 19 in Bangui, Ilocos Norte ." [8] However, the Complaint was returned for failure to comply with the required form. [9] On December 9, 2013, Atty. Lazo, in his personal capacity, filed an administrative complaint against Judge Ramos. The case was docketed as OCA IPI No. 13-4177-RTJ. [10] Meanwhile, Judge Ramos filed a Verified Disbarment Complaint/Letter Affidavit (With Urgent Prayer for Injunction/Gag Order) [11] dated October 3, 2013 against Atty. Lazo. She alleged that Atty. Lazo violated Canons 1, Rule 1.02; Canon 11, Rules 11.04 and 11.05; and Canon 13, Rule 13.02 of the Code of Professional Responsibility. She claimed that Atty. Lazo helplessly slandered and insulted her in public out of personal interest and pure malice. She likewise charged Atty. Lazo of "maliciously flaunting his unfounded, baseless and highly speculative imputations" [12] against her in the public and the media, thereby stirring "anti-sentiments against her" [13] and the office she holds. [14] IBP Report and Recommendation On July 15, 2016, IBP Commissioner Peter M. Bantilan (Commissioner Bantilan) issued a Report and Recommendation [15] recommending Atty. Lazo's suspension from the practice of law for a period of one year. Commissioner Bantilan opined that Atty. Lazo was compelled by bad faith and malice in delivering his speeches. [16] He knew fully well that the media was present and he attempted to publicize allegations of bribery and suspicions of irregularity in the cases handled by Judge Ramos. In turn, his acts destroyed the integrity of the RTC of Bangui, Ilocos Norte and cast doubt on the court's ability to exercise fairness and deliver justice. [17] He transgressed the Code of Professional Responsibility which mandates that a lawyer must promote respect for the courts, legal processes, and judicial officers, and shall not attribute to a judge motives not supported by the records or have no materiality to the case. Moreover, his concerns about Judge Ramos' illicit conduct should have been resolved by submitting a grievance before this Court. [18] The dispositive portion of the Report and Recommendation reads: WHEREFORE, it is respectfully recommended the herein respondent be declared guilty of violating Canon 1, Rule 1.02, Canon 11, Rule 11.04, Rule 11.05, and Rule 13.02 of the Code of Professional Responsibility for which he should be suspended from the practice of law for a period of one (
A.M. No. 23-04-15-SC
A.M. No. 23-04-15-SC
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