Case Digest (G.R. No. L-28202) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Dante La Jimenez & Lauro G. Vizconde vs. Atty. Felisberto L. Verano, Jr., resolved by the Supreme Court en banc on March 9, 2015 under AC No. 8108 and Adm. Case No. 10299, complainants Dante La Jimenez and Lauro G. Vizconde of the Volunteers Against Crime and Corruption (VACC), together with Atty. Oliver O. Lozano, accused Atty. Verano of drafting and submitting to the Department of Justice (DOJ) a release order on DOJ letterhead for his clients Richard S. Brodett and Joseph R. Tecson. Brodett and Tecson had been charged by the Philippine Drug Enforcement Agency (PDEA) for violations of the Comprehensive Dangerous Drugs Act of 2002, but a joint inquest resolution of December 2, 2008 dismissed the charges for lack of probable cause. Media reports of alleged bribery and cover-up prompted congressional hearings, during which it was revealed that Verano prepared the release draft in hopes of expediting his clients’ disposal. The VACC founders filed a letter complaint with then Ch Case Digest (G.R. No. L-28202) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Complainants Dante La Jimenez & Lauro G. Vizconde (A.C. No. 8108) and Atty. Oliver O. Lozano (A.C. No. 10299) filed separate complaints against Atty. Felisberto L. Verano, Jr.
- Verano represented Richard S. Brodett and Joseph R. Tecson in PDEA cases for illegal sale and use of dangerous drugs.
- Incident and Complaints
- On December 2, 2008, a Joint Inquest Resolution dropped the charges against Brodett and Tecson for lack of probable cause and ordered their release.
- Respondent prepared a draft release order on Department of Justice (DOJ) letterhead and stationery of Secretary Raul Gonzales, then delivered it to the Secretary’s office.
- Volunteers Against Crime and Corruption (VACC), founded by Jimenez and Vizconde, lodged a complaint for unethical conduct; Lozano filed a verified Complaint-Affidavit alleging violation of Canon 1 (upholding the law).
- Proceedings before the IBP and the Court
- The IBP Cebu Chapter condemned the respondent’s conduct and supported disbarment. Lozano later withdrew his complaint.
- The Supreme Court consolidated both administrative cases and referred them to the IBP’s Committee on Bar Discipline.
- Commissioner Felimon C. Abelita III found respondent guilty of violating Canon 13 (impropriety tending to influence a public official) and recommended a warning.
Issues:
- Liability
- Whether drafting and presenting an unauthorized release order on DOJ letterhead to a DOJ Secretary constitutes improper conduct tending to influence a public official, in violation of the Code of Professional Responsibility.
- Penalty
- Whether the recommended warning is sufficient or a more severe penalty (suspension) is warranted given the nature of the misconduct.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)