RE: SUSPENSION OF ATTY. ROGELIO Z. BAGABUYO, FORMER STATE PROSECUTOR A.C. No.

70
06 October 9, 2007
18. RE: SUSPENSION OF ATTY. ROGELIO Z. BAGABUYO, FORMER STATE PROSECUTOR
A.C. No. 7006 October 9, 2007
Facts
In the Crim. Case No. 5144, which is declared by Judge Buyser as a crime of homi
cide and not of murder, the counsel for the defense filed a Motion to Fix the Am
ount of Bail Bond. Respondent Atty. Bagabuyo objected thereto on the ground that
the original charge of murder is not subject to bail. Judge Jose Manuel P. Tan
favorably resolved the Motion for bail and denied the respondent s motion for recons
ideration for lack of merit. Instead of availing himself of judicial remedies, r
espondent caused the publication of an article regarding the order, in which pro
secutor lambasts and lashes out at judge Tan for allowing the murder suspect out
on bail. The article also contains misrepresentation about the strength of the
evidence against the accused in the criminal case. Respondent admits to have hel
d a press conference but refused to answer whether he made the statements in the
newspaper article. For refusing to answer, the trial court declared him in cont
empt. After this, respondent still entertained media interview in a radio statio
n, and in said interview, again attacked the integrity of Judge Tan, calling him
a judge who does not know the law, a liar, and a dictator who does not accord d
ue process to the people. He was ordered by the trial cause to show cause why he
should not be held in contempt and not be suspended from the practice of law fo
r violating Canon 11 and 13 of the Code of Professional Responsibility. However,
on scheduled hearing respondent did not appear or informed the court of his abs
ence.
Issue
Whether or not respondent should be suspended for violating the Code
Ruling
The Office of the Bar Confidant found that the acts of the respondent constitute
grave violation of oath of office, and with said findings the Supreme Court agr
eed. Respondent violated Rule 11.05 of Canon 11 when he caused the holding of a
press conference where he made statements against the Order allowing the accused
to post bail. He also violated the same Canon for his disrespect of the court w
hen he stated that Judge Tan was ignorant of the law, that he was studying mahjo
ng instead of studying the law and that he was a liar. The SC held that it is no
t against lawyers raising grievances against erring judges but the rules provide
the proper venue and procedure because respect for the institution must always
be maintained. Hence, Atty. Bagabuyo was suspended from the practice of law for
one year.