Case Summary (A.C. No. 8168)
Appointment and Initial Actions
On July 15, 2008, Karen M. Silverio-Buffe was appointed as a Prosecutor I/Assistant Provincial Prosecutor in Romblon province by then-President Gloria Macapagal Arroyo. Following her appointment, she took her oath of office on August 15, 2008, but encountered challenges in reporting to work due to the lack of communication regarding her appointment from the Department of Justice (DOJ). Concerned by these developments, the Provincial Prosecutor of Romblon sought clarification from Secretary Gonzalez regarding Silverio-Buffe's appointment status.
Allegations Against Respondents
Subsequently, on December 19, 2008, Secretary Gonzalez issued a memorandum ordering Silverio-Buffe to cease performing her duties as a prosecutor, asserting that she had no official appointment. In response, on February 11, 2009, the Buffes filed a Joint Complaint-Affidavit alleging that Congressman Madrona had influenced Gonzalez and Exconde against Silverio-Buffe’s appointment out of personal animosity related to her involvement in a civil case against a radio station that was opposed to Madrona.
Responses from Respondents
Madrona denied all allegations and asserted that the claims were unsubstantiated, based merely on conjecture and hearsay. He countered with accusations against the complainants for their alleged deceitful conduct in court proceedings. Gonzalez and Exconde also argued that the complaint lacked jurisdiction and merit, contending that the appropriate forum for the allegations was the Office of the Ombudsman, not the Integrated Bar of the Philippines (IBP).
Initial Proceedings and Investigations
The case was escalated through formal channels, leading to various resolutions and recommendations from investigative bodies. Investigating Commissioner Oliver A. Cachapero found merit in the complaint and recommended a censure for the respondents. However, the IBP Board of Governors later reversed this recommendation, dismissing the complaint against the respondents in June 2012 and reaffirming their dismissal in March 2013 in response to a motion for reconsideration filed by the complainants.
Jurisdictional Considerations
The core issue of the case involved determining the jurisdiction over the administrative complaints against the respondents. The Supreme Court found that the allegations against former Undersecretary Exconde and Congressman Madrona fell under the purview of the Office of the Ombudsman. Their official actions, which the co
...continue readingCase Syllabus (A.C. No. 8168)
Background of the Case
- The case centers around a disbarment complaint filed by Spouses Edwin B. Buffe and Karen M. Silverio-Buffe against former Secretary of Justice Raul M. Gonzalez, former Undersecretary of Justice Fidel J. Exconde, Jr., and former Congressman Eleandro Jesus F. Madrona.
- The complainants allege unethical conduct in violation of the Code of Professional Responsibility and the Lawyer's Oath, including willful violations of Republic Acts 6713 and 3019, as well as civil service laws and rules.
Facts of the Case
- Appointment of Silverio-Buffe: On July 15, 2008, Karen M. Silverio-Buffe was appointed as Prosecutor I/Assistant Provincial Prosecutor of Romblon Province by former President Gloria Macapagal Arroyo. She took her oath of office on August 15, 2008.
- Oath and Reporting for Work: Silverio-Buffe promptly furnished copies of her oath to relevant offices, including the Office of the President and the Department of Justice (DOJ), and reported for work on August 19, 2008.
- Lack of Confirmation: On August 26, 2008, Provincial Prosecutor Arsenio R.M. Almadin requested confirmation of Silverio-Buffe’s appointment from Secretary Gonzalez, as no official communication had been received.
- Cease and Desist Order: On December 19, 2008, Gonzalez ordered Silverio-Buffe to cease acting as a prosecutor due to the alleged lack of an official appointment, threatening charges of usurpation of public office.
- Complaint Filed: On February 11, 2009, the Buffes filed a Joint Complaint-Affidavit alleging that Congre