Case Digest (A.C. No. 7732)
Facts:
Rodante D. Marcoleta v. Resurreccion Z. Borra and Romeo A. Brawner, A.C. No. 7732 (March 30, 2009), 601 Phil. 470; 106 O.G. No. 8, 1045 (February 22, 2010), Supreme Court Second Division, Carpio Morales, J., writing for the Court.Complainant Rodante D. Marcoleta (complainant) filed a complaint for disbarment against Commissioners Resurreccion Z. Borra and Romeo A. Brawner (respondents), members of the Commission on Elections (Comelec), charging violations of Canons of the Code of Judicial Conduct and Canons of Judicial Ethics, and of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). The dispute arose from competing slates for the party-list group Alagad during the 2007 elections; both Marcoleta’s faction and Diogenes S. Osabel’s faction submitted nominee lists.
By Omnibus Resolution of July 18, 2007, the Comelec First Division resolved in favor of Osabel; Commissioner Borra authored the ponencia and Commissioner Brawner concurred. The Comelec En Banc, by Resolution of November 6, 2007, reversed and reinstated the certificate of nomination of Marcoleta’s group but, because it lacked a required majority, ordered a re‑hearing; even after re‑hearing the necessary majority vote was not obtained and the First Division Omnibus Resolution was ultimately affirmed (Comelec Order of February 5, 2008).
Marcoleta’s complaint alleged manifest partiality, bad faith, deliberate delay (failure to decide within five days under Rule 18, Sec. 8 of Comelec Rules), manipulation of issues beyond Comelec jurisdiction, reliance on partisan minutes, and refusal to publish legal bases in the Omnibus Resolution. A Supplemental Complaint (Feb. 12, 2008) accused Brawner of tampering with the record by falsely stating a re‑hearing occurred and that memoranda were filed. Respondents answered: Brawner argued the proper remedy was certiorari to the Supreme Court and that, as impeachable officers, they enjoyed presumption of regularity; Borra maintained the Code of Judicial Conduct did not apply to nonjudicial commissioners and that the complaint was premature.
The Court took judicial notice that Borra retired on February 2, 2008 and that Brawner died on May 29, 2008. The Office filed replies and further allegations (including invocation of Article IX‑C, Section 1(1) on ...(Subscriber-Only)
Issues:
- May a member of the Bar who is an impeachable officer (a Comelec commissioner) be administratively disbarred without first being removed from office by impeachment?
- Is the disbarment complaint against Commissioner Romeo A. Brawner moot?
- Did respondents’ issuance of the Omnibus Resolution, the alleged delay, and the other acts pleaded amount to violations of the Canons of Judicial Conduct, Canons of Judicial Ethics, or statutes that warrant disbarment or disciplinary action?
- Do the Canons of Judicial Ethics or the New Code of Judicial Conduct govern Comelec commissioners ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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