Thursday, December 1, 2016

Disbarment cases vs. government lawyers involving the performace of their official duties. - GR 8168.pdf

See - 8168.pdf

"x x x.

Considering that both Exconde and Madrona are public officers being charged for actions, which are allegedly unfair and discriminatory, involving their official functions during their tenure, the present case should be resolved by the Office of the Ombudsman as the appropriate government agency. Indeed, the IBP has no jurisdiction over government lawyers who are charged with administrative offenses involving their official duties. For such acts, government lawyers fall under the disciplinary authority of either their superior21 or the Ombudsman.22 Moreover, an anomalous situation will arise if the IBP asserts jurisdiction and decides against a government lawyer, while the disciplinary authority finds in favor of the government lawyer. 

x x x."