I moved for disclosure and for the re-raflle of the criminal case on ethical grounds.
The opposing counsel, in the spirit of delicadeza, had withdrawn his appearance, for which he must be praised as a member of the Bar.
OMNIBUS MOTION FOR DISCLOSURE
AND FOR RE-RAFFLE OF THE CASE
THE UNDERSIGNED PRIVATE PROSECUTOR respectfully states:
1. At the outset, the undersigned Private Prosecutor humbly and most respectfully manifests that he is filing this omnibus motion without any malicious intention to attribute anything negative or derogatory against the character, good name, and reputation of this Honorable Court, its Presiding Judge, and its Branch Clerk of Court, or any of its Personnel.
On the contrary, he is filing this motion to advance the interest of the administration of justice and to preserve the public image of the Justice System and the Legal Profession.
2. The Branch Clerk of Court of this Honorable Court is Atty. X x x. The defense counsel in the instant case is Atty. X x x.
The undersigned counsel has received information that the above-named persons are related to each other by first degree of consanguinity as daughter and father, respectively.
2. Under the Rules of Court and the Manual for Clerks of Court, the Office of the Clerk of Court occupies a very sensitive and crucial role vis-à-vis the confidential management of the instant litigation by the Honorable Court, considering that the Branch Clerk of Court is effectively the over-all administrative manager, so to speak, of the personnel of the Court next only to the Presiding Judge (with litigation and non-litigation powers and duties).
3. With all due respect, the Private Complainants, who are the family members of the deceased victim in this case, as well as the undersigned Private Prosecutor, are not psychologically and emotionally at ease and comfortable with the situation where the lawyer of their opponent (the accused) is the father of the Branch Clerk of Court of the Court where their case is pending, knowing that the Branch Clerk of Court is the second highest judicial officer in this Court, second only to the Presiding Judge, and knowing, further, that the Branch Clerk of Court occupies a crucial, sensitive and confidential role in the final adjudication on the merits of their case by the Court.
4. For the sake of the good name and noble image of the Justice System and the Legal Profession, it is best and advisable on the part of the Court, the Branch Clerk of Court, the Defense Counsel and the Prosecution to take fair and reasonable steps to avoid an unnecessary perception of the existence of a potential conflict-of-interest situation, a moral matter which is proscribed and punished by the codes of ethics of court officers/personnel and lawyers.
WHEREFORE, premises considered, the Private Complainants, thru the undersigned Private Prosecutor, respectfully pray:
(a) That the Branch Clerk of Court, Atty. X x x, and the defense counsel, Atty. X x x, be ordered to formally disclose the nature and degree of their relationship, if any;
(b) If the aforementioned first degree by consanguinity of relationship is confirmed to exists between them, that the instant case be re-raffled soonest to another Branch of this Court, in the interest of the good public image of the Justice System and the Legal Profession, as well as the peace of mind of the Private Complainants; and
(c) That, pending final resolution of this Motion by this Branch, the main trial stage of this case before this Branch be suspended, in the spirit of procedural orderliness.
Las
LASERNA CUEVA-MERCADE LAW OFFICES
Private Prosecutor
Unit 15, Star
Tel/Fax 8742539, 8725443
MANUEL J. LASERNA JR.
Roll No. 33640, 4/27/85
IBP Lifetime Member No. 1907
IBP PPLM Chapter
MCLE Exemption No. II-000844
PTR No. 9628887, 1/7/08
Noted/No Objection:
Public Prosecutor
(Assigned to RTC Branch xxx)
Office of the City Prosecutor
