IBP rejects De Lima appeal on disbarment

Purple S. Romero

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The decision of the IBP has far-reaching implications on the move of the Judicial and Bar Council

MANILA, Philippines – In a unanimous decision, the Integrated Bar of the Philippines (IBP) on Monday, August 6, upheld its earlier decision ordering the formal and full investigation of the disbarment cases against Justice Secretary Leila de Lima.

The vote was 9-0 against De Lima, insiders told Rappler.

IBP President Roan Libarios told press soon after the vote that their decision was largely influenced by the High Tribunal’s prior determination that there is “sufficient basis” to continue the investigation on De Lima.

“Therefore the case cannot be the subject matter of a summary dismissal of the IBP,” said Libarios.  “It has to go through the regular procedure of the investigation.”

Libarios predicted that the investigation would end by September, saying the rules dictate it should be done within 90 days.

The decision of the IBP board of governors has substantial and far-reaching implications on the move of the Judicial and Bar Council, which will vote on its shortlist for the post of chief justice also today.

Under Rule 4, Section 5 of the JBC rules, the following are considered disqualifed from “appointment to any judicial post or as Ombudsman or Deputy Ombudsman:”

  • those with pending criminal or regular administrative cases
  • pending criminal cases in foreign courts or tribunal
  • those who have been convicted in any criminal case; or in an administrative case, where the penalty imposed is at least a fine of more than P10,000, unless he has been granted judicial clemency.

The JBC has wavered in its definition of what “regular” administrative cases are. But the IBP, in its earlier resolution, spelled it out for them, particularly on De Lima’s case. 

The IBP board said that if a complaint is filed directly with the IBP, the IBP investigator can determine if there is merit and dismiss the case if there’s none. But if a disbarment complaint is filed with the SC – which was what the De Lima complainants did – and the High Court refers it to the IBP for investigation, there is a presumption that the SC has already found basis to have the cases probed further; consequently, the cases have ripened into regular administrative cases.

GAME-CHANGER. The IBP's vote on De Lima's cases will affect JBC's move.Source:www.ibp.ph

De Lima had asked the IBP and the JBC to dismiss the cases filed against her. De Lima told the JBC the Supreme Court acted belatedly on her cases because they were referred too late to the IBP, while she told the IBP that the SC did not expllcitly state in its July 3 referral that they found merit in her cases.

Three disbarment complaints had been filed against De Lima. The IBP consolidated two complaints into one since they both cited as basis De Lima’s defiance of a Supreme Court temporary restraining order on the travel ban against the Arroyo couple in November 2011.

The other case stemmed from a stinging statement made by de Lima against dismissed chief justice Renato Corona. De Lima called Corona a “tyrant who holds himself above justice and accountability” on national television. 

De Lima is reportedly the choice of President Benigno Aquino III for the position of chief justice. – Rappler.com


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