Case Summary (A.C. No. 11069)
Factual Background
On June 4, 2004, Facturan filed a complaint for qualified theft against several individuals, including Pilar Mendoza, Jose Sarcon, Elezar Barcelona, Rodrigo Arro, and Joseph Montero, at the Provincial Prosecution Office of Alabel, Sarangani Province. The complaint was assigned to Prosecutor Faisal D. Amerkhan, who, on October 26, 2004, submitted a resolution recommending prosecution to Barcelona for approval. However, Barcelona did not sign or approve the resolution and improperly took the case records to his home.
Attempts to Resolve the Issue
Feeling aggrieved, Facturan sought help from then-Department of Justice Secretary Raul Gonzales. Despite directives from State Prosecutor Ringcar B. Pinote to return the case records, Barcelona failed to do so, which hindered further proceedings. By July 20, 2005, it became apparent that the case records had been returned but without the necessary resolution and information; thus, Facturan proceeded with his disbarment complaint.
Respondent's Defense
Barcelona defended his actions by stating that any perceived delay was unintentional and that he had recused himself from the case. He asserted that he had advised Prosecutor Amerkhan to hold a clarificatory hearing, which Amerkhan did not pursue. Furthermore, Barcelona claimed he was unaware of further developments after being detailed to the Department of Justice in Manila.
Proceedings Before the IBP
The Office of the Court Administrator referred Facturan's complaint to the Integrated Bar of the Philippines (IBP), which scheduled a mandatory conference. However, Barcelona was the only party to appear, leading to the termination of the conference and a subsequent request for position papers, which were never submitted.
IBP Findings and Recommendations
The IBP’s Commission on Bar Discipline found Barcelona violated Canons 18 and 18.03 of the Code of Professional Responsibility, recommending a suspension ranging from six months to two years. The findings highlighted that Barcelona neglected his duty by failing to act on the complaint forwarded to him, thus delaying justice.
Court's Ruling
The Court agreed with the IBP’s findings but clarified that Barcelona was specifically in violation of Rule 6.02, Canon 6, regarding the conduct of lawyers in government
...continue readingCase Syllabus (A.C. No. 11069)
Case Background
- The case is an administrative complaint for disbarment lodged by complainant Ronaldo C. Facturan against Prosecutor Alfredo L. Barcelona, Jr.
- The complaint is based on allegations of gross misconduct, dishonesty, and conduct unbecoming of a lawyer or prosecutor.
- The complaint was filed before the Office of the Court Administrator (OCA).
Factual Antecedents
- On June 4, 2004, Facturan filed a complaint for qualified theft against several individuals, including Pilar Mendoza and others, before the Provincial Prosecution Office of Alabel, Sarangani Province.
- The case was assigned as I.S. No. 04-211 and was initially handled by Prosecutor Faisal D. Amerkhan.
- On October 26, 2004, Prosecutor Amerkhan forwarded the case records and a resolution recommending prosecution to Barcelona for his approval and signature.
- Barcelona failed to act on the resolution; instead, he removed the case records from the Provincial Prosecutor’s office and kept them at his residence.
- It was noted that some of the respondents were personally known to Barcelona; Elezar was his cousin, while the others were his close friends.
Efforts to Resolve the Issue
- Aggrieved by the inaction, Facturan escalated the matter to then Department of Justice Secretary Raul Gonzales.
- Secretary Gonzales referred the issue to State Prosecutor Ringcar B. Pinote.
- State Prosecutor Pinote could not proceed with the case due to the unavailability of the records, which remained with Barcelona despite directives to return them.