Bersamin to IBP: SC has power to discipline erring lawyers
Published Jul 24, 2019 03:18 pm
By Rey Panaligan
Chief Justice Lucas P. Bersamin has reminded the Integrated Bar of the Philippines (IBP) that while it is an autonomous organization, its member-lawyers are subject to discipline by the Supreme Court (SC).
Chief Justice Lucas P. Bersamin (Supreme Court Public Information Office / FILE PHOTO / MANILA BULLETIN)
"We respect your autonomy but you will have to remember that you are not entirely independent of the Supreme Court," Bersamin told IBP officers during their oathtaking ceremony at the SC last Tuesday.
"Your discipline will always be based on the merits of the case. We will not punish you without any justification, you can be assured of that," the Chief Justice stressed.
There is a committee within IBP that investigates complaints against lawyers and recommends sanctions, but it is still the SC that has the final say.
Under the Code of Professional Responsibility and the Rules of Court, a lawyer is considered an officer of the court.
Lately, the SC had come out with decisions that either suspend lawyers from the practice of law or disbarred them by deleting their names from the Roll of Attorneys.
The IBP is the national organization of lawyers with more than 40,000 members to date. It was set up as an official organization for the legal profession by Republic Act No. 6397 enacted in September 1971.
Thereafter, the IBP was constituted into a corporate body in 1973 through Presidential Decree No. 181.
Those who took their oaths of office before Bersamin were national president Domingo Egon Q. Cayosa and governors Burt M. Estrada, Eastern Mindanao; Doroteo Lorenzo B. Aguila, Northern Luzon; Baby Ruth F. Torre, Central Luzon; Eleazar S. Calasan, Greater Manila; Eric C. Alajar, Southern Luzon; Gil G. Taway IV, Bicolandia; James Jayson J. Jorvina, Eastern Visayas; Gina H. Mirano Jesena, Western Visayas; and Cristy Joy S. Sollesta, Western Minadano.
Thereafter, the IBP had its inaugural dinner at the historic landmark Manila Hotel.
During the dinner, Bersamin called the IBP members as “foot soldiers of the Constitution, sentinels of democracy, engineers of commerce, field levelers/ neutralizers, healers of the body politic, bridge builders, educators, and advocates.”
He rallied them to help “elevate the standards of legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.”
“For so long as every member of the Bar is guided by the Code of Professional Responsibility, the practice of law will continue to be a noble profession—this is its strength and its greatness.” Bersamin stressed.
Lately, the IBP had been dragged into controversies. Two of these involved the petition for a Writ of Kalikasan on the West Philippine Sea (WPS) purportedly filed by fishermen before the SC.
The IBP had to withdraw the petition in behalf of several fishermen and its appearance as counsel for the other petitioners after Solicitor General Jose C. Calida manifested before the SC that several fishermen were deceived into filing the petition.
The SC has yet to act on the IBP’s motion.
The second incident involved the press conference at the IBP headquarters in Pasig City by Peter Advincula, who confessed as the “Bikoy” in the “Ang Totoong Narco List” videos that accused President Duterte’s family and allies in the illegal drugs trade.
Advincula has recanted his statements and pointed to the opposition as behind the alleged plot to oust the President.
IBP national president Cayosa stressed that the IBP is apolitical.
He said the IBP has conducted an investigation into Advincula’s press conference but he refused to give details.
“We cannot share this to the media. We don't do these things for media consumption but to find out the truth," he said.
"I was not involved in that press conference. I don't know the details and the background so I cannot comment. I don't know ‘Bikoy’ so I cannot comment on what he said and whom he knows," he added.
Advincula’s press conference at the IBP headquarters happened during the time of the now former president Vicente Joyas.
On the Writ of Kalikasan case, Cayosa begged off any comment because of the gag order issued by the SC.
Chief Justice Lucas P. Bersamin (Supreme Court Public Information Office / FILE PHOTO / MANILA BULLETIN)
"We respect your autonomy but you will have to remember that you are not entirely independent of the Supreme Court," Bersamin told IBP officers during their oathtaking ceremony at the SC last Tuesday.
"Your discipline will always be based on the merits of the case. We will not punish you without any justification, you can be assured of that," the Chief Justice stressed.
There is a committee within IBP that investigates complaints against lawyers and recommends sanctions, but it is still the SC that has the final say.
Under the Code of Professional Responsibility and the Rules of Court, a lawyer is considered an officer of the court.
Lately, the SC had come out with decisions that either suspend lawyers from the practice of law or disbarred them by deleting their names from the Roll of Attorneys.
The IBP is the national organization of lawyers with more than 40,000 members to date. It was set up as an official organization for the legal profession by Republic Act No. 6397 enacted in September 1971.
Thereafter, the IBP was constituted into a corporate body in 1973 through Presidential Decree No. 181.
Those who took their oaths of office before Bersamin were national president Domingo Egon Q. Cayosa and governors Burt M. Estrada, Eastern Mindanao; Doroteo Lorenzo B. Aguila, Northern Luzon; Baby Ruth F. Torre, Central Luzon; Eleazar S. Calasan, Greater Manila; Eric C. Alajar, Southern Luzon; Gil G. Taway IV, Bicolandia; James Jayson J. Jorvina, Eastern Visayas; Gina H. Mirano Jesena, Western Visayas; and Cristy Joy S. Sollesta, Western Minadano.
Thereafter, the IBP had its inaugural dinner at the historic landmark Manila Hotel.
During the dinner, Bersamin called the IBP members as “foot soldiers of the Constitution, sentinels of democracy, engineers of commerce, field levelers/ neutralizers, healers of the body politic, bridge builders, educators, and advocates.”
He rallied them to help “elevate the standards of legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively.”
“For so long as every member of the Bar is guided by the Code of Professional Responsibility, the practice of law will continue to be a noble profession—this is its strength and its greatness.” Bersamin stressed.
Lately, the IBP had been dragged into controversies. Two of these involved the petition for a Writ of Kalikasan on the West Philippine Sea (WPS) purportedly filed by fishermen before the SC.
The IBP had to withdraw the petition in behalf of several fishermen and its appearance as counsel for the other petitioners after Solicitor General Jose C. Calida manifested before the SC that several fishermen were deceived into filing the petition.
The SC has yet to act on the IBP’s motion.
The second incident involved the press conference at the IBP headquarters in Pasig City by Peter Advincula, who confessed as the “Bikoy” in the “Ang Totoong Narco List” videos that accused President Duterte’s family and allies in the illegal drugs trade.
Advincula has recanted his statements and pointed to the opposition as behind the alleged plot to oust the President.
IBP national president Cayosa stressed that the IBP is apolitical.
He said the IBP has conducted an investigation into Advincula’s press conference but he refused to give details.
“We cannot share this to the media. We don't do these things for media consumption but to find out the truth," he said.
"I was not involved in that press conference. I don't know the details and the background so I cannot comment. I don't know ‘Bikoy’ so I cannot comment on what he said and whom he knows," he added.
Advincula’s press conference at the IBP headquarters happened during the time of the now former president Vicente Joyas.
On the Writ of Kalikasan case, Cayosa begged off any comment because of the gag order issued by the SC.