G.R. No. A.C. No. 6560, September 16, 2019
Mike A. Fermin, Complainant, vs. Atty. Lintang H. Bedol, Respondent.

FACTS

Complainant Mike A. Fermin filed an administrative complaint for disbarment against respondent Atty. Lintang H. Bedol, then the Provincial Election Supervisor III of Maguindanao, for violation of Canon 1 of the Code of Professional Responsibility. The complaint stemmed from respondent’s actions in connection with a petition to declare a failure of election in Precinct No. 25A/26A of Barangay Guiawa, Kabuntalan, Maguindanao (COMELEC Case No. 04-403). The COMELEC en banc issued a Resolution dated July 27, 2004, declaring a failure of election and setting a special election for July 28, 2004. However, prior to this COMELEC Resolution, respondent had already issued: (1) a Notice dated July 23, 2004, informing parties of a special election scheduled for July 28, 2004; (2) a notice for a conference on July 25, 2004; and (3) a notice on July 26, 2004, stating that the canvassing of votes would be held in Shariff Aguak, Maguindanao. Complainant alleged these premature notices showed respondent’s disregard for the law and legal processes. In his defense, respondent claimed the notices were necessary to apprise the concerned parties and prepare for the election given the short timeframe, and noted that previous cases filed against him by the complainant before the COMELEC had been dismissed.

ISSUE

Whether respondent Atty. Lintang H. Bedol is administratively liable for violating Canon 1 of the Code of Professional Responsibility by issuing notices for a special election prior to the COMELEC en banc’s official resolution declaring such election.

RULING

Yes, respondent is administratively liable. The Supreme Court adopted and approved the Resolution of the Integrated Bar of the Philippines (IBP) Board of Governors. The Court found that under Section 4 of Republic Act No. 7166 , the declaration of a failure of election and the calling of special elections must be decided by the COMELEC en banc. Respondent, as a lawyer and a public official, breached his duty under Canon 1, which mandates lawyers to uphold the law, obey legal orders, and promote respect for legal processes. By issuing notices for a special election before the COMELEC en banc had officially resolved to hold one, respondent acted in a manner contrary to established law and procedure. His claim of operational necessity did not justify bypassing the legal requirement. As a lawyer in public office, he was held to a high standard of honesty and obedience to the law. The Court found him guilty of violating Canon 1 of the Code of Professional Responsibility. Accordingly, Atty. Lintang H. Bedol was SUSPENDED from the practice of law for a period of one (1) year, with a stern warning that a repetition of the same or a similar offense would warrant a more severe penalty.