In Re: UNDATED LETTER OF MR. LOUIS C.
BIRAOGO, PETITIONER IN BIRAOGO
V. NOGRALES AND LIMKAICHONG G.R NO. 179120
A confidential internal document of the En Banc or the Gilbert copy was leaked while the
promulgation was still on hold and went to the possession of Biraogo - who was the petitioner of
the Biraogo v. Nograles and Limkaichong case. The Investigating Committee created an
investigation to determine who were responsible for the unauthorized release of the
unpromulgated ponencia of Justice Reyes with 18 resource persons including the Justice Reyes
himself. Pending on the evaluation of the investigation, Justice Reyes’s new copy of the Gilbert
copy matched the xerox copy which in Biraogo’s possession. The page 1 of the Gilbert copy
which was forwarded to the OCJ but now in hands of the committee where the leaked copy
which in Biraogo’s possession matched with Justice Reyes’s new copy. The committee finds that
the leakage came from the office of Justice Reyes and the justice himself was the one who leaked
the confidential information. Due to disregard of a duty resulting from carelessness and
indifference both Atty. Evangelista who is the Justice Reyes’s Judicial Staff Head and Armando
del Rosario are administratively liable for simple neglect of duty with corresponding penalty of
10000 - 5000 respectively. Justice Reyes was held liable for Grave Misconduct for leaking a
confidential internal document of the court with a fine of 500000 to be charged against his
retirement benefits and also liable for Gross Misconduct for violating his oath as a member of the
Bar and the Code of Professional Responsibility with a penalty of indefinite suspension as a
member of the bar.
There’s no need for a judicial review because there’s no existence of an actual case or
controversy. The only issue herein is the unauthorized release of the unpromulgated ponencia of
Justice Reyes or the investigation for determination of the people liable for the leakage of such
confidential information. For an actual case or controversy to exist, there must be an actual
conflict of interest and conflicting claims before the courts can validly act on a legal problem
hence, this case is only an investigation upon a leakage of a Gilbert copy where Justice Reyes
was determined as the culprit and administratively liable for Gross Misconduct and Grave
Misconduct.