Hurtada, Sheryl F.

RE: SUSPENSION OF ATTY. ROGELIO Z. BAGABUYO, FORMER STATE

PROSECUTOR AC No. 7006, 9 October 2007

FACTS:

This is a suspension case against Atty. Rogelio Z. Bagabuyo for not observing
and maintaining the respect due to the courts and to judicial officers. An order was
made by Judge Jose Manuel Tan of Br. 29, RTC Surigao City resolving the motion to fix
the amount of bail bond for the crime of homicide. However, the respondent as a
Senior State Prosecutor objected on the ground that the original charged of murder,
was not subject to bail. He filed a Motion for Reconsideration but was denied. Instead
of availing himself for judicial remedies, he criticize Judge Tan by publishing through an
article that he wanted the public to know that there are judges who are displaying
judicial arrogance.

He even presented himself to the media for interview and attacked the integrity
of Judge Tan, saying he does not know the law, a liar and a dictator. Because of his
actions, in an order made by RTC Br. 29, he was directed to explain why he should not
be held in contempt and not be suspended from the practice of law. In his answer, he
denied the allegation that he presented himself to media but he was only approached
by someone to give his comment on the order issued in an open court and in interview,
he is just only exercising his freedom of speech and that it was not his intention to
offend or malign and was without malice. The court concluded that the respondent
being a member of the bar and officer of the court is duty bound to uphold the dignity
and authority of the court. The OBC recommends for the suspension of the respondent.

ISSUE:

Whether or not the respondent violated his Oath and the Code of Professional
Responsibility and should be suspended for the practice of law.

RULING:

WHEREFORE, in view of the foregoing, Atty. Rogelio Z. Bagabuyo is found

guilty of violating Rule 11.05, canon 11 and Rule 13.02, canon 13 of the Code of
Professional Responsibility, and of Violating the Lawyer’s Oath, for which he is
SUSPENDED from the practice of law for one (1) year effective upon finality of this
Decision, with a stern warning that the repetition of a similar offense shall be dealt with
more severely. SO ORDERED.