Case Summary (A.C. No. 12113)
Petitioner and Respondent
- Complainants: Leojohn Lumbre and Rufrex Lumbre.
- Respondent: Atty. Erwin Belleza.
Complaint Background
The basis of the complaint was a series of actions by Atty. Belleza, who, along with others, allegedly chased and threatened the complainants while brandishing firearms. The Integrated Bar of the Philippines (IBP) received the complaint through the Commission on Human Rights (CHR) on March 31, 2008. The minors reported that Atty. Belleza and his companions destroyed their nipa hut and subsequently threatened them with guns, leading to fear and psychological harm.
Affidavits and Testimonies
Affidavits from the complainants, including details corroborated by third-party witnesses, detailed the events during the incident. Notably, Genevieve Lumbre, the sibling of the complainants, also provided an affidavit supporting their claims, observing Atty. Belleza with his firearm near their home following the incident.
Respondent's Defense
Atty. Belleza denied the allegations against him, claiming that he had no involvement in the events described. He argued that the complaint was constructed to obstruct his professional duties as a lawyer for a third party involved with the complainants' family.
IBP Findings and Recommendations
On November 19, 2013, the IBP's CBD Commissioner initially dismissed the complaint due to a supposed lack of jurisdiction over criminal acts and the sufficiency of evidence. However, the IBP Board of Governors later reversed this recommendation on August 10, 2014, finding Atty. Belleza guilty of gross misconduct, imposing a suspension from the practice of law for two months. They identified the violations as both unlawful and detrimental to the minors under Rule 1.01 of the Code of Professional Responsibility and Republic Act No. 7610 regarding child protection.
Judicial Ruling
The Court upheld the findings of gross misconduct, noting consistent testimonies from the minors and corroborative statements from witnesses. The Court stressed the seriousness of Atty. Belleza's actions, which amounted not only to misconduct but also to psychological harm inflicted upon vulnerable minors. Atty. Belleza's defense, asserting that the complaint was frivolous, failed to negate the credible testimonies presented against him.
Code of Professional Responsibility
The decision drew on key provisions from the Code of Professional Responsibility, particularly Canon 1 and Canon 7, emphasizing that lawyers must promote respect for laws and display integrity in their actions. The Court articulated that Atty. Belleza’s behavior breached these ethical obligations, reflecting on his professional fitness to practice law.
Penalty Assessment
Upon reviewing the circumstances and the psychological impact of the mis
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Case Overview
- The case is a disbarment complaint filed by complainants Leojohn Lumbre and Rufrex Lumbre against Atty. Erwin Belleza for grave misconduct.
- The complaint alleges that the respondent chased and threatened the minors with a firearm.
- The Integrated Bar of the Philippines (IBP) initially found the respondent guilty but recommended a mere two-month suspension.
- The Supreme Court reviewed the case, emphasizing the severity of the misconduct.
Background of the Complaint
- The complaint was lodged on March 13, 2008, after an incident on May 24, 2007.
- Complainants reported that Atty. Belleza, along with a Barangay Kagawad and others, destroyed their nipa hut and threatened them with firearms.
- The minors reported feeling fear which affected their normal development.
- Affidavits from multiple witnesses corroborated the minors' account of the incident.
Complainants' Testimonies
- Leojohn and Rufrex Lumbre provided detailed accounts of the incident, highlighting:
- The destruction of their nipa hut.
- The presence of firearms held by Atty. Belleza and his companions.
- Their fear during the chase, which led them to flee to their home.
- Genevieve Lumbre, their sister, supported their account with her affidavit, noting Atty. Belleza's presence with a gun near their home.
- Two other witnesses confirmed seeing Atty.