SC disbars Negros mayor

Manila, Philippines -  The Supreme Court (SC) has disbarred lawyer and Pulupandan, Negros Occidental Mayor Magdaleno Peña for his falsification allegation against two magistrates of the high court.

In a decision promulgated during the summer session of the justices in Baguio City last April 17 but released only yesterday, the high court ordered Peña’s name removed from the Roll of Attorneys after he was found guilty of violating the canons of professional and ethical conduct for lawyers.

The SC made the ruling upon recommendation of its committee on ethics and ethical standards, which investigated the complaint against Peña over his comments against Senior Associate Justice Antonio Carpio and Associate Justice Maria Lourdes Sereno.

The case stemmed from the bid of the lawyer-turned-mayor to collect P28.5 million in attorney’s fees from the defunct Urban Bank, predecessor of the insolvent Export and Industry Bank that was recently placed under receivership by the Bangko Sentral ng Pilipinas (BSP).

In November last year, the SC issued a ruling penned by Justice Sereno dismissing his claim and awarding him only P3 million as reimbursement for his expenses and P1.5 million as compensation for his services.

He then filed a complaint against Justice Carpio before the Office of the Chief Justice for allegedly falsifying a Nov. 13, 2002 ruling of the tribunal’s First Division to favor Urban Bank.

This case involved the controversial auction of 85 condominium units in Makati City owned by the bank that he earlier represented.

Peña also accused Sereno of “protecting” Carpio by refusing to inhibit from the active case despite her closeness to the latter. The high court took offense with Peña’s charges, which it dismissed as “unfounded claims.”

It held that Peña’s “conduct, demeanor and language with respect to his cause of action – in this court, no less – tend to undermine the integrity and reputation of the judiciary, as well as inflict unfounded accusations against fellow lawyers.”

The SC said that Peña “has shown and displayed during the proceedings that he has fallen short of the ethical standards of the noble profession and must be sanctioned accordingly” and that “he has not shown remorse or contrition for his ways.”

The high tribunal ordered the Office of the Bar Confidant and Integrated Bar of the Philippines to implement the order.

It, however, expressed alarm over the lawyer’s “uncanny ability to obtain confidential and internal court records and to use them shamelessly in his pleadings in furtherance of his cause.”

For this, the SC directed Clerk of Court Enriquetta Vidal to investigate how Peña obtained several confidential and internal court records that he used against the justices.

Vidal was also instructed to “to submit such an investigation report with recommendations on the administrative and disciplinary liabilities, if any, of all court personnel possibly involved, as well as suggestions for protecting confidential and internal court documents of pending cases within 90 days from receipt of the resolution.”

The ruling was jointly written by the justices during deliberations and did not have a single ponencia or writer.

Peña is the estranged husband of former actress Marie Roxanne “Plinky” Recto. He lost a bitter custody battled over their seven-year-old son last year.