Case Digest (A.C. No. 8269)
Facts:
Pheschem Industrial Corporation v. Attys. Lloyd P. Surigao and Jesus A. Villardo III, A.C. No. 8269, December 11, 2013, First Division, Reyes, J., writing for the Court.
The complainant, Pheschem Industrial Corporation (Pheschem), filed a complaint for disbarment on May 11, 2009 against Atty. Lloyd P. Surigao (then Vice‑Mayor of Palompon) and Atty. Jesus A. Villardo III (Sangguniang Bayan member), alleging gross, malicious and oppressive violations of their duties under the Code of Professional Responsibility. The Supreme Court referred the complaint to the Integrated Bar of the Philippines (IBP) for investigation on November 23, 2009.
The factual background involves prolonged local opposition to Pheschem’s quarrying operations in Palompon, Leyte. Pheschem held a 25‑year mining permit and obtained an Environmental Compliance Certificate (ECC) from the DENR for certain activities, but barangay and municipal officials, led by Barangay Chairman Eddie Longcanaya and later joined by Mayor Eulogio Tupa and Vice‑Mayor Atty. Surigao, imposed roadblocks, levied informal fees, and seized Pheschem’s dump trucks. The Sangguniang Bayan passed Municipal Resolution No. 068‑020608 (June 2, 2008) opposing any re‑application by Pheschem for permits; the Mayor issued a Cease and Desist Order (July 14, 2008) alleging violations of the ECC and environmental laws.
Pheschem sought injunctive relief in the Regional Trial Court (RTC) of Palompon: a 72‑hour TRO was issued on December 8, 2008 and, on December 22, 2008, the RTC granted a writ of preliminary injunction enjoining municipal officials from interfering with Pheschem’s quarry operations. Despite the injunction, municipal officers impounded trucks on January 6 and January 16, 2009. Pheschem filed motions to enforce the injunction; the RTC maintained and later enforced its earlier orders through 2010.
The IBP investigating commissioner, Rebecca Villanueva‑Maala, recommended dismissal of the disbarment complaint (Report and Recommendation dated January 5, 2011), finding the respondents performed their duties as public officials and that their conduct did not demonstrate moral delinquency or malice. The IBP Board of Governors adopted that recommendation and dismissed the complaint by Resolution No. XX‑2012‑308 (July 21, 2012). Pheschem moved for reconsideration (filed October 12, 2012). IBP Governor Leonor L. Gerona‑Romeo reversed in part and, by an extended one‑page resolution (March 21, 2013), found the respondents’ acts arbitrary and unethical and ordered a one‑month suspension; the IBP Board adopted that suspension by Resolution No. XX‑2013‑327 (March 21, 2013).
The respondents informed the IBP Board that the Court of Appeals had, in consolidated petitions (CA‑G.R. SP Nos. 04547, 04592 and 04901), found that the RTC had committed grave abuse of discretion in issuing and enforcing the injunc...(Subscriber-Only)
Issues:
- Did the respondents’ actions as municipal officials and lawyers constitute gross, malicious, and oppressive violations of their duties warranting disbarment under the Code of Professional Responsibility?
- Were the respondents acting within the lawful exercise of local police power when they sought to block or stop Pheschem’s quarrying operations and require local permits and compliance with environmental conditions?
- Was the IBP Governor’s reversal of the IBP Investigating Commissioner’s recommendation, which imposed a one‑month suspension, adequately grounded in the specific facts and legal cit...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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