By Tetch Torres INQUIRER.net
First Posted 16:45:00 06/22/2010
Filed Under: Punishment, Legal issues, Judiciary (system of justice)
MANILA, Philippines—A month after his appointment, Chief Justice Renato Corona Tuesday sanctioned three lawyers, a retired judge and two court employees for committing various infractions, including father and daughter lawyers Oliver Lozano and Evangeline Lozano-Endriano.
The Lozanos were indefinitely suspended for grave professional misconduct. In its resolution, the high court en banc said the Lozanos have misquoted and misused constitutional provisions and showed “a reckless lack of respect and disregard for our system of justice” for filing without any legal or factual basis a criminal complaint before the Office of the Ombudsman against retired Chief Justice Hilario G. Davide Jr. and retired SC Justice Alicia Austria-Martinez.
It pointed that the Lozanos are “unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney.” The suspension took effect immediately. The Court also held that any proven violation of the said suspension order would result in the Lozanos’ outright disbarment.
Last March 2, the high court issued a resolution dismissing for utter lack of merit the graft complaint against retired Chief Justice Davide, Jr. and Justice Martinez and ordered the Lozanos to “explain in writing” why they should not be sanctioned.
The criminal complaint against Davide and Martinez stemmed from their participation in the Resolution of the high court’s first division that ruled in the consolidated cases of Heirs of Antonio Pael v. CA and Destura v. CA.
In their complaint, the Lozanos alleged that Davide, then Division Chair, and Martinez, committed unlawful acts in resolving the cases, including overturning the findings of fact of the Court of Appeals.
Meanwhile, the high court, through Senior Justice Antonio T. Carpio, ordered Atty. James Benedict Florido suspended for one year for violating Canon 19 and Rules 1.02 and 15.07 of the Code of Professional Responsibility.
Florido is the counsel for the minority stockholders of the Rural Bank of Calape, Inc. (RBCI) Bohol, and his clients forcibly took over the management and the premises of RBCI on April 1, 2002 without a valid court order.
In its ruling, the Court ruled that “a lawyer must employ only fair and honest means to attain the lawful objectives of his client and that it’s one’s duty to counsel his clients to use peaceful and lawful methods in seeking justice and refrain from doing an intentional wrong to their adversaries.”
The high court also fined (Ret.) Judge Antonio A. Carbonell of the San Fernando City, La Union Regional Trial Court, Branch 27, P10,000 for simple misconduct. The amount shall be deducted from Carbonell’s retirement benefits which have been withheld.
Carbonell has been sanctioned after the high court affirmed the findings of the Office of the Court Administrator.
First Posted 16:45:00 06/22/2010
Filed Under: Punishment, Legal issues, Judiciary (system of justice)
MANILA, Philippines—A month after his appointment, Chief Justice Renato Corona Tuesday sanctioned three lawyers, a retired judge and two court employees for committing various infractions, including father and daughter lawyers Oliver Lozano and Evangeline Lozano-Endriano.
The Lozanos were indefinitely suspended for grave professional misconduct. In its resolution, the high court en banc said the Lozanos have misquoted and misused constitutional provisions and showed “a reckless lack of respect and disregard for our system of justice” for filing without any legal or factual basis a criminal complaint before the Office of the Ombudsman against retired Chief Justice Hilario G. Davide Jr. and retired SC Justice Alicia Austria-Martinez.
It pointed that the Lozanos are “unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney.” The suspension took effect immediately. The Court also held that any proven violation of the said suspension order would result in the Lozanos’ outright disbarment.
Last March 2, the high court issued a resolution dismissing for utter lack of merit the graft complaint against retired Chief Justice Davide, Jr. and Justice Martinez and ordered the Lozanos to “explain in writing” why they should not be sanctioned.
The criminal complaint against Davide and Martinez stemmed from their participation in the Resolution of the high court’s first division that ruled in the consolidated cases of Heirs of Antonio Pael v. CA and Destura v. CA.
In their complaint, the Lozanos alleged that Davide, then Division Chair, and Martinez, committed unlawful acts in resolving the cases, including overturning the findings of fact of the Court of Appeals.
Meanwhile, the high court, through Senior Justice Antonio T. Carpio, ordered Atty. James Benedict Florido suspended for one year for violating Canon 19 and Rules 1.02 and 15.07 of the Code of Professional Responsibility.
Florido is the counsel for the minority stockholders of the Rural Bank of Calape, Inc. (RBCI) Bohol, and his clients forcibly took over the management and the premises of RBCI on April 1, 2002 without a valid court order.
In its ruling, the Court ruled that “a lawyer must employ only fair and honest means to attain the lawful objectives of his client and that it’s one’s duty to counsel his clients to use peaceful and lawful methods in seeking justice and refrain from doing an intentional wrong to their adversaries.”
The high court also fined (Ret.) Judge Antonio A. Carbonell of the San Fernando City, La Union Regional Trial Court, Branch 27, P10,000 for simple misconduct. The amount shall be deducted from Carbonell’s retirement benefits which have been withheld.
Carbonell has been sanctioned after the high court affirmed the findings of the Office of the Court Administrator.
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