G.R. No. L-8974 - Cabansag vs. Ferdez

Atty. Wilfredo M. Garrido, Jr. (complainant) filed an administrative complaint before the Integrated Bar of the Philippines - Commission on Bar Discipline (IBP-CBD) against Atty. Lorenzo G. Gadon (respondent).
Garrido sought Gadon’s disbarment for two main accusations:

Engaging in falsehoods in an impeachment complaint filed by Gadon against then de facto Chief Justice Maria Lourdes Sereno in August 2017.
Filing baseless criminal cases against several Supreme Court employees.

Gadon’s August 2, 2017 impeachment complaint alleged that Chief Justice Sereno falsified a Temporary Restraining Order (TRO) in G.R. Nos. 206844-45 by tampering with a draft TRO sent by Associate Justice Teresita Leonardo-De Castro and issued a "blanket TRO."
Gadon swore in the verification attached to the impeachment complaint that the allegations were "true and correct of his personal knowledge or based on authentic documents."
During a House Committee hearing on November 22, 2017, Gadon admitted that the allegation about the TRO was based on a Manila Times reporter’s hearsay (Jamar Canlas), not on his personal knowledge, and he had not seen the draft or the TRO.
Justice De Castro and Jamar Canlas both denied under oath the claims attributed to them.
The impeachment complaint also alleged that Sereno instructed Supreme Court officials to order certain judges not to issue warrants against Sen. Leila De Lima; the judges denied these allegations.
Gadon threatened at a February 22, 2018 press conference to file criminal charges against other Supreme Court officials if Sereno did not resign, but Garrido alleged these threats were groundless.
Gadon filed graft charges against court officials on March 12, 2018.

Gadon downplayed allegations as vague and unsubstantiated, denying violation of ethical norms.
He argued that Garrido lacked personal knowledge of the impeachment hearings.
The IBP-CBD conducted investigations and hearings.

The IBP-CBD found that Gadon’s allegation about the falsified TRO was unequivocally based on hearsay and that Gadon knowingly executed a false verification.
They found no sufficient evidence that Gadon filed baseless cases against court officials.
The IBP-CBD recommended a suspension from practice of law for two years.

On January 28, 2023, the IBP-Board of Governors modified the suspension from two years to three years citing aggravated recidivism and prior disciplinary cases against Gadon, and noted his indefinite suspension by the Supreme Court.

The Supreme Court reviewed the findings and evidence, particularly transcripts of the House Committee hearing revealing Gadon’s admission of reliance on hearsay.
Gadon was found to have committed perjury for swearing to the truth of allegations without personal knowledge or authentic documents.
The Court noted that the quo warranto case Republic v. Sereno did not conclusively prove falsification of the TRO and did not excuse Gadon’s conduct.
The Court cleared Gadon of the charge related to filing baseless cases due to lack of evidence.
Gadon’s conduct was found to be Gross Misconduct, defined as inexcusable, flagrant unlawful conduct motivated by intent, prejudicial to parties' rights or legal processes.
Aggravating circumstances included repetition of offenses and lack of remorse.
Due to his previous disbarment, Gadon cannot be disbarred anew, but the penalty is recorded in his personal file with an imposed fine of PHP 150,000.00.
Gadon was declared ineligible for judicial clemency due to repeated serious violations and prior disbarment.

Whether respondent Gadon committed perjury by swearing to the truth of allegations in the impeachment complaint without personal knowledge or authentic supporting documents.
Whether Gadon filed baseless or frivolous criminal complaints against Supreme Court officials.
What disciplinary sanction(s) are appropriate given the findings on Gadon’s misconduct and his previous disciplinary record.