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Thursday, July 27, 2006
High court suspends Estrada prosecutor for malpractice
THE Supreme Court (SC) on Wednesday unanimously voted to suspend for two years a private prosecutor in the impeachment trial of deposed President Joseph Estrada after he was found guilty of malpractice for the unauthorized use of a client's money amounting to US$12,000.
In a 48-page per curiam decision, the SC en banc affirmed the May 13, 2005 resolution of the Integrated Bar of the Philippines (IBP) Board of Governors removing Leonard de Vera from his posts as governor and executive vice president (EVP) of the IBP, effectively barring him from taking over as incoming president of the lawyers' group.
"After weighing the arguments of the parties and in keeping with the fundamental objective of the IBP to discharge its public responsibility more effectively, we hereby find that Attorney Leonard de Vera's removal from the IBP Board was not capricious or arbitrary," the SC ruled.
The SC's decision paved the way for the election of Attorney Jose Vicente Salazar as executive vice president of the IBP for the remainder of the term 2003-2005.
Salazar was likewise directed by the court to immediately take his oath of office and assume presidency of the IBP for the term 2005-2007 in accordance with the automatic succession rule in Article VII, Section 47 of the IBP by-laws, upon receipt of the SC resolution.
He would have succeeded de Vera, who was supposed to be installed on May 2005 as the new IBP president for the period 2005-2007 replacing lawyer Jose Anselmo Cadiz.
De Vera's suspension from the practice of law stemmed from the disbarment complaint filed by Zoilo Antonio Velez questioning his moral fitness to remain as a member of the Bar.
The case was consolidated with two other related cases referring to the request of de Vera to schedule his oath taking as IBP national president and the validity of his removal as governor and EVP of the IBP.
In his complaint, Velez moved for the disbarment of de Vera due to his alleged misrepresentation in concealing the suspension order rendered against him by the State Bar of California in connection case with the insurance case he handled involving Julius Willis, III who figured in a vehicular accident in 1986.
The hearing referee in the administrative case recommended that de Vera be suspended from the practice of law after he was found to have used for personal purposes his client's funds intended for the settlement of the case.
Complainant further said de Vera was forced to surrender his license to practice law to evade the recommended three-year suspension.
The court however ruled that the judgment of suspension against a Filipino lawyer in a foreign country does not automatically result in his suspension or disbarment in the Philippines unless the complainant would be able to prove that the acts are also unethical under the Philippine law.
Based on the facts established by the complainant, the court declared that de Vera's use of his client's funds is "highly unethical."
The SC noted that de Vera did not deny the complainant's allegation that he received US$12,000 intended for his client and that he deposited the amount in his personal account and later spent the money for personal purposes.
"In herein case, as it is admitted by Attorney de Vera himself that he used his client's money for personal use, he has unwittingly sealed his own fate since this admission constitutes more than substantial evidence of malpractice. Consequently, Attorney de Vera now has the burden of rebutting the evidence which he himself supplied," the SC said.
The court however said it would not order the disbarment of de Vera considering that the suspension of two years is already appropriate for the offense he committed.
On the other hand, the SC said the IBP observed due process when it decided to remove de Vera as IBP governor and EVP.
In its May 13, 2005 resolution, the IBP Board of Governors removed de Vera from his posts "for making untruthful statements, innuendos and blatant lie in public about the SC and the members of the IBP Board of Governors." (ECV/Sunnex)
(July 27, 2006 issue)
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