Arlene Bautista vs Atty. Zenaida Ferrer

A.C. No. 9057 – 855 Phil. 743 – Legal Ethics – CPRA; Canon III; Fidelity – Duty of lawyers to uphold the constitution

In 2011, Fiscal Zenaida Ferrer handed Arlene Bautista money for Arlene to loan to other people. When Arlene was not able to remit collections, Fiscal Ferrer went to her house and confiscated her cellphone, her TV and her refrigerator. She then brought Arlene to the police station and had the police officers there interrogate her. Later that day, Arlene went to the office of Fiscal Ferrer (who was then an Assistant Regional State Prosecutor in Region 1) to retrieve her cellphone. But Fiscal Ferrer got angry and told her “Putang ina mo Arlene ayusin mo ako bago mo muna makuha mga gamit mo!” She then picked a pair of scissors on top of her table and thrust it towards Arlene but was subdued by a certain Jose Almeida.

As a result, Arlene filed an administrative case against Fiscal Ferrer.

Fiscal Ferrer denied Arlene’s allegations. She submitted Almeida’s affidavit which stated that though Fiscal Ferrer uttered the words attributed to her by Arlene, Fiscal Ferrer never threatened Arlene with a pair of scissors.

ISSUE: Whether or not Fiscal Ferrer is administratively liable.

HELD: Yes. She is suspended for one year. Fiscal Ferrer’s taking of Arlene’s cellphone, even if it was eventually returned later on, and refusal to release the personal effects of Arlene is tantamount to confiscation, or depriving Arlene of something that is hers without due process of law. This is in clear breach of the Bill of Rights, particularly the principle that no person shall be deprived of life, liberty, or property without due process of law. Lawyers, such as Fiscal Ferrer, are mandated to uphold the Constitution and the laws. Ferrer’s withholding of Arlene’s personal property not only runs counter to her duty to uphold the law, it is also equivalent to putting the law into her own hands.

Further, Fiscal Ferrer abused her power. Fiscal Ferrer brought Arlene to the police station which gave Bautista the impression that she was arrested and detained, and worse, that government agencies were being used to advance Fiscal Ferrer’s private interests. A lawyer in government is prohibited from using his/her public position or influence to promote or advance his/her private interests. Lawyers in the government service are subject to constant public scrutiny under norms of public accountability. They also bear the heavy burden of having to put aside their private interest in favor of the interest of the public; their private activities should not interfere with the discharge of their official functions.

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