CANON 13

by Maxi Fernandez

RE: SUSPENSION OF ATTY. BAGABUYO, FORMER SENIOR STATE PROSECUTOR

(ADM. CASE No. 7006, October 09, 2007)

FACTS:
The administrative case has its roots from the case of People v. Luis Bucalon Plaza heard before the sala of Judge
Jose Manuel Tan, Regional trial court of Surigao City, Branch 29. Luis Bucalon, was found to be guilty of homicide and
not murder with the evidence as basis. Counsel of the defense thereafter filed a motion to fix that amount of bail bond,
with which Senior state prosecutor and deputized prosecutor of the case Atty. Rogelio Z. Bagabuyo contests stating that
murder is non-bailable. Atty. Bagabuyo thereafter filed a motion for reconsideration which was consequently denied.
Hence, instead of resorting to his available judicial remedies, respondent caused the publication of an article in the August
18, 2003 issue of Mindanao Gold Star Daily. Atty. Bagabuyo again resorted to the media, after he was ordered arrested
and put up a bail of P100,000.00 this time at Radio Station DXKS. He attacked once again Judge Tan and his disposition
on the proceedings of People v. Luis Bucalon Plaza.

ISSUE:
Whether or not Atty. Bagabuyo has violated the Code of professional conduct.

HELD:
Atty. Bagabuyo is found guilty of violating the code of professional conduct Canon 13, Rule 13.02 which states
that a lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion
for or against a party. That instead of resorting to the available judicial remedies before him, Atty. Bagabuyo has
degraded the dignity and authority of the court and the presiding judge, as well as promoted distrust in the administration
of justice when he resorted to media and declared his complaints there. Atty. Bagabuyo is also cited for violation of
Canon 11, when he disrespected the courts and the judicial officers and Rule 11.05 when he did not submit grievances
against a judge to proper authorities only.