Brigida Buenaseda et al vs Juan Flavier et al

written by Howard

G.R. No. 106719 – 226 SCRA 645 – Legal Ethics – Legal Profession – Motion for Disbarment Improperly Filed

Political Law – Administrative Law – Power of the Ombudsman – Preventive Suspension

In 1992, the NCMH Nurses Association (NCMH-NA) filed a case of graft and corruption against Dr. Brigida Buenaseda and several other government officials of the Department of Health (DOH). The Ombudsman (then Conrado Vasquez), ordered the suspension of Buenaseda et al. The suspension was carried on by then DOH Secretary Juan Flavier, being the officer in charge over Buenaseda et al. Buenaseda et al then filed with the Supreme Court a petition for certiorari, prohibition, and mandamus, questioning the suspension order. NCMH-NA submitted its Comment on the Petition where they attached a Motion for Disbarment against the lawyers of Buenaseda et al.

Allegedly, the lawyers of Buenaseda et al advised them not to obey the suspension order, which is a lawful order from a duly constituted authority. NCMH-NA maintains that such advice from the lawyers constitute a violation against the Code of Professional Responsibility.

The Solicitor General, commenting on the case, agreed with Buenaseda’s lawyers as he maintained that all the Ombudsman can do is to recommend suspensions not impose them. The Sol-Gen based his argument on Section 13 (3) of the 1987 Constitution which provides that the Office of the Ombudsman shall have inter alia the power, function, and duty to:

Direct the officer concerned to take appropriate action against a public official or employee at fault, and recommend his removal, suspension, demotion, fine, censure or prosecution, and ensure compliance therewith.

ISSUES: Whether or not the Ombudsman has the power to suspend government officials. Whether or not a Motion for Disbarment may be filed in a special civil action.

HELD: Yes, the Ombudsman may impose suspension orders. The Supreme Court clarifies that what the Ombudsman issued is an order of preventive suspension pending the resolution of the case or investigation thereof. It is not imposing suspension as a penalty (not punitive suspension). What the Constitution contemplates that the Ombudsman may recommend are punitive suspensions.

Anent the issue of the Motion for Disbarment filed with the Ombudsman, the same is not proper. It cannot be filed in this special civil action which is confined to questions of jurisdiction or abuse of discretion for the purpose of relieving persons from the arbitrary acts of judges and quasi-judicial officers. There is a set of procedure for the discipline of members of the bar separate and apart from the present special civil action. However, the lawyer of NCMH-NA was reminded not be carried away in espousing his/her client’s cause. The language of a lawyer, both oral or written, must be respectful and restrained in keeping with the dignity of the legal profession and with his behavioral attitude toward his brethren in the profession.

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