Case Summary (A.C. No. 5119)
Factual Background
In April 1998, the Department of Agrarian Reform (DAR) issued a notice of coverage under Republic Act No. 6657, known as the Comprehensive Agrarian Reform Program (CARP), applying to the Berenguers' land. The Berenguers opposed the coverage, citing that their land was strictly for livestock, and requested exclusion from CARP. Despite their appeals and submissions for exclusion, the DAR Secretary canceled their land titles in late 1998 and awarded Certificates of Land Ownership Award (CLOAs) to the Baribag Agrarian Reform Beneficiaries Development Cooperative (BARIBAG). Following the denial of their application for exclusion and significant procedural developments, the Berenguers continued to appeal, claiming violations of due process and lack of jurisdiction by the DAR.
Procedural Posture
While their appeal was pending, BARIBAG sought a writ of possession to enforce the DAR's order, which was granted by Florin in March 1999. The Berenguers argued they were not properly notified of BARIBAG's petition, and thus, filed a motion for reconsideration which was subsequently denied by Florin. The procedural history includes various appeals and motions filed by the parties involved, demonstrating a protracted legal contest over the agrarian decision's legitimacy and enforcement.
Disbarment Complaint
In August 1999, the Berenguers filed a disbarment complaint against the respondents, alleging collusion and misconduct among ADA. Florin was accused of issuing an ex-parte writ without a finality certification and not conducting hearings necessary for their due process. The allegations against Jornales and Vega concerned their knowledge of the writ’s irregularities and unconsentingly assisting in its execution.
Respondents' Position
Respondent Florin asserted that her actions were legally justified based on existing laws governing the issuance of writs and contended that the writ of possession did not require a certification of finality. Florin also argued that all procedural requirements were duly met regarding the CLOAs and that the actions taken were in compliance with DAR policy. Likewise, Jornales and Vega defended their professional conduct by highlighting procedural regularity and distancing themselves from direct responsibility for the writ's issuance.
Integrated Bar of the Philippines Findings
The Integrated Bar of the Philippines (IBP) investigated the complaint, leading to Commissioner Milagros San Juan recommending a three-year suspension for Florin, citing her wrongful judgment and procedural violations. The recommendations also included the dismissal of charges against Jornales and Vega for lack of substantial evidence. The investigation found that Florin acted without adequate regard for the legal framework surrounding agrarian reform and the complainants' appeals.
Supreme Court Ruling
The Supreme Court, while agreeing with the IBP’s finding of responsibility on the part of Florin, ultimately found the grounds for misconduct related to her quasi-judicial functions. The ruling emphasized that while lawyers in public office may incur liability for official acts that violate their oath, the alleged
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Case Overview
- This case involves a complaint for disbarment filed by Rosario Berenguer-Landers and Pablo Berenguer against Atty. Isabel E. Florin, Atty. Marcelino Jornales, and Atty. Pedro Vega.
- The complaint stems from actions taken in relation to a 58.0649-hectare land owned by the Berenguers in Bibingcahan, Sorsogon, which was subject to the Comprehensive Agrarian Reform Program (CARP).
Factual Antecedents
- The Berenguers protested against a notice of coverage issued by the Department of Agrarian Reform (DAR) in April 1998, claiming their land was exclusively used for livestock.
- The DAR Secretary cancelled the Berenguers’ certificates of title and issued Certificates of Land Ownership Award (CLOAs) to members of the Baribag Agrarian Reform Beneficiaries Development Cooperative (BARIBAG).
- The Berenguers' appeal against the exclusion was denied by DAR Regional Director Percival Dalugdug, leading them to file a notice of appeal with the Secretary of DAR.
Procedural History
- While the appeal was pending, BARIBAG petitioned for the implementation of the denial of the Berenguers’ application, which was granted by Atty. Florin.
- The Berenguers argued they were denied due process as they were not provided with a copy of BARIBAG’s petition.
- Several motions and appeals were filed by the Berenguers, including a motion for reconsideration and petitions for certiorari to the Court of App