G.R. No. 4018 March 8, 2005
Omar P. Ali, Complainant, vs. Atty. Mosib A. Bubong, Respondent.

FACTS

This is a disbarment case against Atty. Mosib A. Bubong, stemming from his previous dismissal from government service as the Register of Deeds of Marawi City. The complainant, Omar P. Ali, had earlier filed an administrative case against Bubong, charging him with illegal exaction, the indiscriminate issuance of Transfer Certificate of Title (TCT) No. T-2821 in the names of his relatives, the Bauduli Datus, and manipulating a criminal complaint for violation of the Anti-Squatting Law. After investigation, the Secretary of Justice found Bubong guilty of grave misconduct for the imprudent issuance of the title and case manipulation, a finding adopted by the Office of the President, leading to his dismissal. Bubong’s subsequent petition challenging this dismissal was denied by the Supreme Court.
Based on this final administrative ruling, Ali initiated this disbarment proceeding, arguing that Bubong’s actions rendered him unfit for the legal profession. The Integrated Bar of the Philippines (IBP) conducted an investigation. Despite notices, the complainant failed to appear and present evidence, leading the IBP Investigating Commissioner to recommend the case’s dismissal for failure to prosecute. However, the IBP Board of Governors reversed this, recommending disbarment based on the records of the already-concluded administrative case.

ISSUE

Whether Atty. Mosib A. Bubong should be disbarred based on his prior dismissal from government service for grave misconduct.

RULING

Yes, the Supreme Court ordered the disbarment of Atty. Bubong. The Court emphasized that a disbarment case is sui generis; it is not a civil action between private parties but an investigation by the Court into the lawyer’s fitness to remain a member of the Bar. The complainant’s failure to actively participate does not warrant dismissal, as the Court’s primary duty is to preserve the integrity of the legal profession. The Court can proceed based on the records before it.
Here, the administrative finding of grave misconduct against Bubong, which resulted in his dismissal from a sensitive government position as Register of Deeds, had already attained finality. The Court ruled that such serious official misconduct, involving abuse of authority and disregard of legal procedures, constitutes a violation of the lawyer’s oath and the Code of Professional Responsibility. A lawyer’s conduct in government service reflects on his fitness to practice law. Grave misconduct in public office, especially an act involving dishonesty, is indicative of moral unfitness and warrants the severe penalty of disbarment to protect the public and the judicial system. The Court thus adopted the IBP Board’s recommendation and disbarred Atty. Mosib A. Bubong.