Case Digest (A.C. No. 8168)
Facts:
Spouses Edwin B. Buffe and Karen M. Silverio-Buffe v. Sec. Raul M. Gonzalez, Usec. Fidel J. Exconde, Jr., and Congressman Eleandro Jesus F. Madrona, A.C. No. 8168, October 12, 2016, Supreme Court Second Division, Carpio, Acting CJ., writing for the Court.The complainants are Spouses Edwin B. Buffe and Karen M. Silverio-Buffe; the respondents are former Secretary of Justice Raul M. Gonzalez, former Undersecretary Fidel J. Exconde, Jr., and former Congressman Eleandro Jesus F. Madrona. Silverio-Buffe was appointed Prosecutor I/Assistant Provincial Prosecutor of Romblon on July 15, 2008, and took her oath on August 15, 2008 before Judge Jesusa P. Maningas; she furnished copies of her oath to the Office of the President, the Civil Service Commission, and the Department of Justice (DOJ), and reported for duty to the Romblon Provincial Prosecutor on August 19, 2008.
Romblon Provincial Prosecutor Arsenio R.M. Almadin inquired of Secretary Gonzalez on August 26, 2008 to confirm Silverio-Buffe’s appointment because the provincial office had not received official communication. On December 19, 2008, Gonzalez issued a Memorandum Order directing Silverio-Buffe to cease and desist from acting as prosecutor, warning she would be charged with usurpation if she continued. The complainants allege that Madrona influenced Gonzalez and Exconde to withhold transmittal of Silverio-Buffe’s appointment papers and to prevent administration of her oath because she had opposed him politically; they recounted several communications in the DOJ where Exconde allegedly suggested Silverio-Buffe contact Madrona or fabricate a letter claiming she had done so.
On February 11, 2009, the Spouses filed a Joint Complaint-Affidavit with the Office of the Bar Confidant (OBC). The respondents filed comments: Madrona denied involvement and counter-complained about alleged alterations in submitted documents; Gonzalez and Exconde argued lack of jurisdiction because complaints under RA 6713 and civil service rules belong to the Civil Service Commission and complaints under RA 3019 to the Sandiganbayan, and contended that the Office of the President had not endorsed the appointment for implementation.
The Supreme Court (First Division) required comments on April 15, 2009, and later (Third Division) referred the case to the Integrated Bar of the Philippines (IBP) for investigation (Resolution dated October 21, 2009). DOJ Secretary Leila M. De Lima transmitted Silverio-Buffe’s appointment papers to the Romblon Provincial Prosecutor on July 12, 2010. The IBP Investigating Commissioner, by Report and Recommendation dated October 5, 2011, found merit and recommended ce...(Subscriber-Only)
Issues:
- Whether the IBP had jurisdiction to decide the administrative complaint against Undersecretary Fidel J. Exconde, Jr. and Congressman Eleandro Jesus F. Madrona, or whether the complaint should properly be resolved by the Office of the Ombudsman.
- Whether the administrative complaint against Secretary Raul M. Gonzalez may p...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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