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Sps Buffe Vs Sec Gonzales

The IBP does not have jurisdiction over the disbarment case filed by Karen against Sec. of Justice Gonzales, Exconde and Madrona. The appropriate body to resolve the administrative complaint is the Office of the Ombudsman, as Exconde and Madrona are public officers being charged for unfair actions allegedly committed in the course of their official functions. Moreover, Gonzales is now deceased so no case can be filed against him. The IBP only has authority over lawyers in their private capacity and not over government lawyers for administrative offenses related to their official duties.

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Hiroshi Carlos
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359 views

Sps Buffe Vs Sec Gonzales

The IBP does not have jurisdiction over the disbarment case filed by Karen against Sec. of Justice Gonzales, Exconde and Madrona. The appropriate body to resolve the administrative complaint is the Office of the Ombudsman, as Exconde and Madrona are public officers being charged for unfair actions allegedly committed in the course of their official functions. Moreover, Gonzales is now deceased so no case can be filed against him. The IBP only has authority over lawyers in their private capacity and not over government lawyers for administrative offenses related to their official duties.

Uploaded by

Hiroshi Carlos
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as TXT, PDF, TXT or read online on Scribd
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Facts: Karen was appointed by then President Arroyo sa Prosecutor I/assistant

provinsial prosecutor. Karen manifested to the office of the provinsial prosector


that she will be reporting for work. The office of provincial prosecutor asked Sec
of Justice Gonzales to confirm the appointent as they did not received any official
communication regarding the appointment of Karen. Sec. of Justice ordered Karen to
cease and desist from acting as prosecutor, otherwise, she will be charged of
usurpation of public office. Karen together with his husband, filed disbarment
complaint against Gonzalez, Exconde and Madrona with the RTC. She alleged that the
three acted in connivance withhold the transmittal of her appointment letters to
the DOJ Regional Office.

Issue: WON the IBP has jurisdiction over the disbarment case.

Ruling: No.

We dismiss the administrative case against Exconde and Madrona for


lack of jurisdiction. The present administrative case should be resolved by
the Office of the Ombudsman, considering that complainants have filed a
complaint before it on 12 February 2009. 16 In the case of Gonzalez, his death
on 7 September 2014 forecloses any administrative case against him. 17
The authority of the Ombudsman to act on complainants'
administrative complaint is anchored on Section 13(1), Article XI of the
1987 Constitution, which provides that: "[t]he Office of the Ombudsman
shall have the following powers, functions, and duties: (1) investigate on its
own, or on complaint by any person, any act or omission of any public
official, employee, office or agency, when such act or omission appears to
be illegal, unjust, improper, or inefficient."

Considering that both Exconde and Madrona are public officers being
charged for actions, which are allegedly unfair and discriminatory,
involving their official functions during their tenure, the present case should
be resolved by the Office of the Ombudsman as the appropriate government
agency. Indeed, the IBP has no jurisdiction over government lawyers who
are charged with administrative offenses involving their official duties. For
such acts, government lawyers fall under the disciplinary authority of either
their superior2 1 or the Ombudsman.22 Moreover, an anomalous situation will
arise if the IBP asserts jurisdiction and decides against a government lawyer,
while the disciplinary authority finds in favor of the government lawyer.

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