Bizwoman files disbarment case vs judge, prosecutor, lawyer
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AA+A By Joey P. Nacalaban and Nicole J. Managbanag Thursday, June , !"#!
A JUDGE, a prosecutor and a lawyer mig t be banned !rom practicing t eir pro!ession i! !ound guilty o! t e case !iled against t em by a businesswoman. "n a #$%page a!!ida&it complaint sent to 'un.'tar (agayan de )ro, t e respondents were identi!ied as Judge Edgar Manilag o! t e *egional +rial (ourt ,*+(- Branc .. in Butuan (ity, Prosecutor /eli0berto Guiritan and lawyer 1il!redo de Asis. Eu!emia 1ong, a resident o! Barangay Moncado in 2adingilan, Marawi (ity, !iled a disbarment case against t e t ree !or allegedly conspiring to pin er down. + e case stemmed !rom t e 34 counts criminal cases o! esta!a !iled against 1ong t at are still pending at t e said court. "n er a!!ida&it, 1ong said t e esta!a case was !iled be!ore t e *+( o! Butuan (ity on May #5, #466 and was subse7uently ra!!led to Branc .. on t e !ollowing day. )n May .4, #466, 1ong said s e !iled a motion !or Judicial Determination o! probable cause wit a motion to dismiss t e esta!a case. Based on t e document obtained by 'un.'tar, it stated t at on June ., Judge Manilag conducted a earing in !a&or o! 1ong and t e t ree ot er accused toget er wit t eir counsel, lawyer Ale8andro Jose Pallugna. But to 1ong9s surprise, s e recei&ed a copy on June ## o! t e )mnibus )rder issued by Manilag dated June .. + e said order denied t eir motion saying it as already become moot and academic as t e 8udge ad already issued warrants o! arrest against er and er co%accused on May #$. May #$ was t e day immediately !ollowing t e ra!!ling o! t e case to branc ... 1ong said s e considered t e act as :irregular, contrary to t e law, and &iolates t e tenets o! 8ustice and due process.; :<ow could e ,Manilag- a&e immediately issued 34 warrants o! arrest t e day !ollowing t e ra!!ling o! t e case to is sala w en t e records are mounting in &olume= "t would a&e been impossible !or t e respondent to a&e ad 8udicially determined probable cause in a &ery s ort period o! time, so t at e could issue 6>4 warrants o! arrest,; 1ong said in er a!!ida&it. 1ong said s e as not been noti!ied regarding t e warrant o! arrest, not e&en w en s e was at Branc .. during t e earing. ?1 y would Manilag listen to t e earing, w ic is already moot and academic, and w y would e not order us arrested, w ic done, ad t ere been warrants already issued=? s e e0plained. 1ong said in er a!!ida&it t at Manilag committed gross misconduct, @nowingly rendering an un8ust order, gross ignorance o! t e law and procedure and gross &iolation o! is pro!essional oat as a member o! t e bar to up old 8ustice and t e rule o! law. As to Prosecutor Guiritan, 1ong said e issued a 8oint resolution dated /ebruary #6, #466 !inding probable cause against er and er co%accused. + e resolution, according to 1ong, is clearly baseless and contrary to law and 8urisprudence. Guiritan, t e document said, constituted an abuse o! aut ority and &iolated is pro!ession oat as a member o! t e bar. 1ong admitted t at t e trial is a &ery torturous e0perience t roug w ic no person must be put unless t ere is a clear !inding o! probable cause. ' e added t at s e and er co%accused a&e repeatedly as@ed Guiritan to conduct a clari!icatory earing, but t e latter re!used. )n t e ot er and, Asis allegedly &iolated is pro!essional conduct !or writing derogatory statement against Pallugna, 1ong9s lawyer. Asis ad reportedly written a pleading entitled :)mnibus *eply to *e8oinder; dated July 6A, #466. "n t e said pleading, Asis emp atically :disrespected and wit utter lac@ o! courtesy braBenly insulted; t e dignity o! Pallugna. + e re8oinder allegedly branded Pallugna as :no e7ual in irresponsible and misdirected ad&ocacy, cannot understand simple Englis .; Guiritan also allegedly wrote t at Pallugna as : ard o! earing and !or suc ailment, e needs to see an otor inolaryngologist, ot erwise e s ould ac7uire a earing aid, w ic easily obtainable.; e s ould a&e law!ully
1ong said t ose statements are beyond w at is necessary to ad&ance t e cause o! is client and are a mere personal attac@s on er counsel. 'un.'tar (agayan de )ro tried to contact t e t ree respondents owe&er, only Manilag9s stenograp er identi!ied as ( inita Ba8ar answered in t eir be al!. Ba8ar said Manilag is not re7uired to answer regarding t e case. ' e said 8udges are prone to arassments especially to t ose cases t at are against t e complainant. Ba8ar, w o was aware o! t e case, said 1ong9s co%accused are now in 8ail.
