Davide cracks whip on erring judges

Beginning Oct. 1, judges and the courts’ lawyer-employees will be liable to disbarment even for administrative cases against them, according to a new resolution passed by the Supreme Court.

Chief Justice Hilario Davide told lawyers during the Law Day celebration of the Philippine Bar Association on Friday that the new resolution allows the high court to "automatically" convert administrative cases into disbarment suits.

"In a proper case, the decision in the administrative case may be both dismissal from the service and disbarment," he said of the high tribunal’s new order which was passed unanimously.

Under the resolution, officials of the judiciary will not only have to defend themselves against administrative charges brought against them, they will also have to argue why they should not be suspended, sanctioned or even disbarred because of the complaint against them.

"Judgment in both respects may be incorporated in one decision or resolution," the court said in Resolution No. 02-9-02-SC which relaxed the old requirement that administrative and disbarment cases be filed separately before the Office of the Court Administrator and the Office of the Bar Confidant.

The automatic conversion shall be done if the charges in an administrative complaint are also violations of the Lawyer’s Oath, Code of Professional Responsibility and Canons of Professional Ethics.

"In any of the instances, the administrative case shall also be considered a disciplinary action against the justice, judge or court official concerned as a member of the bar," a part of the two-page resolution read.

Davide conceded, however, that in many cases, "unsubstantiated" administrative charges usually "come from disgruntled litigants."

"It is equally true that men and women of competence, integrity, the straight and honest far outnumber the crooked and corrupt in the judiciary. This number (700 sanctioned) represents a mere three percent of the judiciary’s population," Davide said.

"It is tragic that he mistake of one judge is the mistake of the entire judiciary. It is truly unfair," he added.

The Chief Justice, however, said the judiciary’s still has a "long way to go" in ridding the bench of "hoodlums" and the bar of predator-lawyers.

"The sweeping premature indictment against the justice system is not limited to judges and court personnel but includes the lawyers as well who are seen as predators who take advantage of the misfortune of others," he stressed.