Cabana, Adrian C.

Mike A. Fermin, complainant

Vs
Atty. Lintang Bedol, respondent
A.C No. 6560
September 16, 2019

Peralta, J

Facts

Complainant, Mike A Fermin filed a disbarment case against Respondent-Atty

Lintang Bedol for violation of Canon 1 of the Code of Professional Responsibility.
He alleged that respondent being Provincial Election Supervisor III of
Maguindanao issued premature notices as follows; First Notice, On July 23, 2004
respondent issued notice to all candidates which included him, political parties
and registered voters of Barangay, Guiawa, Kabuntalan, Maguindanao,
informing them of the scheduled special election for the said barangay on July
28, 2004; Second Notice, on July 25, 2004 informing candidates and political
parties of a conference to be held in his office; and Third notice, on July 26, 2004
informing all parties that the canvassing of votes shall be held in Shariff Aguak
Maguindanao.

These all notices issued by Respondent- Atty Lintang Bedol, is prior to the
issuance of COMELEC En Banc resolution dated July 27, 2004 which the
complainant insist that it was violation of procedural requirements of the
COMELEC.

Issue

Whether or not respondent-Atty Bedol violated canon 1 of the CPR?

Ruling

Yes, Atty Bedol violated canon 1 of the code of professional responsibility. The
IBP Commission on Bar Discipline issued a report recommending the respondent
guilty of violation of canon 1 of the CPR on the basis of Sec 4 R.A 7166 which
provides; Postponement, Failure of Election and Special Election – The
postponement declaration of failure of election and the calling of special elections
as provided in Sec 5, 6 and 7 of Omnibus Election Code shall be decided by the
commission sitting en banc by a majority vote of its members. Respondent’s act
of issuing those notices ahead of the issuance of the COMELEC en banc
resolution calling for special election was not in compliance with the procedures
under the law and the Comelec rules; hence this respondent is found guilty of
violation of code of professional conduct.