AC 7478; (January, 2017) (Digest)
G.R. No. 7478, January 11, 2017
Eduardo R. Alicias, Jr. vs. Attys. Myrna V. Macatangay, Karin Litz P. Zerna, Ariel G. Ronquillo, and Cesar D. Buenaflor
FACTS
Complainant Eduardo Alicias, a professor, filed an administrative case with the Civil Service Commission (CSC) against his dean. The CSC Regional Office dismissed it. Alicias filed a petition for review with the CSC central office. The CSC-OLA, then headed successively by respondents Macatangay and Zerna, prepared a draft resolution. Respondent Buenaflor, as CSC Commissioner, signed the final Resolution dated October 28, 2004, dismissing the petition. Due to a clerical error, the Resolution was sent to Alicias’s old address. Unaware of the dismissal, Alicias sent follow-up letters. Respondent Ronquillo, who later assumed the CSC-OLA directorship, informed him of the dismissal. Alicias received a copy in April 2006 and filed a motion for reconsideration, which was denied with Buenaflor’s concurrence.
Alicias then filed this disbarment complaint before the Supreme Court, accusing the respondent lawyers, by virtue of their CSC positions, of gross neglect, ignorance of the law, and violation of the Code of Professional Responsibility for alleged procedural lapses and denial of due process in handling his petition. The IBP investigated and recommended dismissal for lack of merit.
ISSUE
Whether the Integrated Bar of the Philippines (IBP) has jurisdiction to investigate the administrative complaint for disbarment against the respondent lawyers who were acting in their official capacities as public officials in the Civil Service Commission.
RULING
The Supreme Court DISMISSED the complaint for lack of jurisdiction. The Court held that the IBP has no jurisdiction over the disbarment complaint. The proper venue is the Office of the Ombudsman. The complaint pertains to the respondents’ alleged official acts and omissions as public officers—specifically, their participation in the evaluation, drafting, and resolution of an administrative case within the CSC. Republic Act No. 6770 (The Ombudsman Act) grants the Office of the Ombudsman primary jurisdiction to investigate any illegal, unjust, improper, or inefficient act or omission of any public officer or employee. The Court emphasized that disciplinary authority over public officials for acts performed in their official capacity is vested in the Ombudsman, not the IBP. Since the complaint was filed with the wrong forum, it must be dismissed. The Court did not rule on the merits of the allegations concerning neglect or due process, as the dismissal was purely on jurisdictional grounds.