A.C. No. 7732 – 601 Phil. 470 – 582 SCRA 474 – Political Law – Constitutional Law – Constitutional Commissions – Commission on Elections – The COMELEC Chair and the Commissioners may only be removed by impeachment
Legal Ethics – Disbarment – When not proper
In 2007, an election case was filed with the Commission on Elections to resolve the dispute between warring factions in the Alagad Party-List. After the issue was resolved by the COMELEC en banc, Atty. Rodante Marcoleta filed a disbarment case against COMELEC Commissioners Resurreccion Borra and Romeo Brawner. Marcoleta alleged that the Commissioners, in participating in the resolution of the case exhibited manifest partiality, evident bad faith, and gross inexcusable negligence.
While the disbarment case was pending, Borra retired while Brawner died.
ISSUE: Whether or not the disbarment case will proper.
HELD: No. An impeachable officer who is a member of the Bar cannot be disbarred without first being impeached.
As to Brawner, the case was mooted by his death.
As to Borra, there is lack of evidence to prove the allegations against her. In fact, if there was any question as to the resolution of the COMELEC, Marcoleta’s remedy was to elevate the case to the Supreme Court.
The SC clarified that the Commissioners of the COMELEC acting as a quasi-judicial body are just like judges or justices. They are subject to judicial ethics. What this simply means is that in the exercise of the COMELEC’s quasi-judicial power, the chair and members should be guided by the canons of judicial ethics – but this does not in any way place them under the disciplinary powers of the Supreme Court insofar as disbarment is concerned.
