Title
Francisco vs. Suaega-Lagman
Case
A.C. No. 13035
Decision Date
Jun 27, 2023
Disbarment complaint against a DOJ prosecutor for dismissing a perjury case was dismissed; court found no gross ignorance or bad faith in her ruling. Guidelines on disciplining government lawyers applied.

Case Summary (A.C. No. 13035)

Allegations and Background

On May 19, 2021, the Office of the Bar Confidant received Atty. Francisco's Complaint accusing Atty. SuAega-Lagman of violating Canon 6 of the Code of Professional Responsibility (CPR), which deals with grave misconduct and gross ignorance of the law. The primary basis for this was her dismissal of Atty. Francisco's complaint for perjury, on grounds that the statements made by the BRAI officers were mere proposals for stipulation, and hence did not exhibit willful and deliberate falsehood.

Proceedings and Arguments

In the underlying dispute, Atty. Francisco challenged the dismissal of his criminal perjury complaint, asserting that the BRAI officers had made false statements that were deliberately untrue. These statements were made during proceedings at the Integrated Bar of the Philippines concerning alleged misconduct by Atty. Francisco. SuAega-Lagman’s resolution to dismiss the complaint was described by Atty. Francisco as arbitrary and capricious, asserting that neglecting to identify a falsehood of such nature constituted gross ignorance of the law.

Legal Framework and Jurisdiction

The ruling of the Supreme Court was informed by the recently established Guevarra-Castil guidelines, which clarify the jurisdiction over complaints against government lawyers. The guidelines stipulate that complaints seeking to discipline government lawyers as members of the bar must be filed directly with the Supreme Court, particularly when the allegations may render the lawyer unfit to practice. The Court also noted the codification of a new Code of Professional Responsibility and Accountability (new CPRA), seen as applicable to this case.

Application of Legal Standards

To adjudicate whether Atty. SuAega-Lagman should be held liable, the Court assessed whether the actions complained of constituted violations of the CPR or whether they rendered her unfit to practice law. The Court recognized that Atty. Francisco's claims, if assumed true, could potentially breach the CPR or indicate Atty. SuAega-Lagman's inadequacy in legal practice. However, mere errors in legal judgment do not automatically equate to gross ignorance.

Findings on Gross Ignorance and Misconduct

The Court examined the conduct of Atty. SuAega-Lagman, ultimately concluding that her dismissal of the perjury complaint did not amount to gross ignorance of the law as it failed to meet the standard established for such a classification based on bad faith or malice. The judgment further underscored the distinction between simple negligence and gross i

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