Wednesday, July 2, 2014

SC okays disbar case vs Brillantes, et al for removing ALAM from PCOS ballot

SC okays disbar case vs Brillantes, et al
for removing ALAM from PCOS ballot


The Supreme Court has approved the disbarment complaint filed by Alab ng Mamamahayag (ALAM) against Commission on Elections (Comelec) Chairman Sixto S. Brillantes Jr., Commissioners Rene V. Sarmiento, Commissioner Lucenito N. Tagle, Commissioner Armando C. Velasco, Commissioner Elias R. Yusoph and Commissioner Christian Robert S. Lim.

The complaint arose from the acts of the respondents in removing the name of ALAM from the partylist ballot for the 2013 elections.

ALAM posited the view that the removal of its name from the PCOS ballot constituted a grave insult to the dignity and honor of the Supreme Court because the High Court earlier issued a Status Quo Ante order directing all parties, including the Comelec to preserve the statuses of the parties before the issuance of the order of the Comelec denying the application for accreditation and participation in the 2013 elections.

This is also a violation of their Lawyer's Oath that they will obey the duly-constituted authorities such as the Supreme Court.

It was because the inclusion of the name of ALAM to the PCOS ballot was in consonance with the prior Resolution of the Comelec stating that all partylist applicants whose applications were denied will be included in the PCOS ballot if these parties filed a petition before the Supreme Court questioning the denial of the applications.

When the respondents passed a new resolution, it violated the Status Quo Ante order that preserves that earlier resolution including partylist applicants to the PCOS ballot despite denial of applications as long as these partylist applicants filed a petition before the Supreme Court.

The Office of the Solicitor General (OSG) defended the respondents, except Commissioner Lim who hired his own lawyer to represent him before the Supreme Court.

ALAM questioned the propriety of the OSG defending the Comelec officials for acts that although official are yet clear to be violating the laws of the land.

The Supreme Court then directed the Integrated Bar of the Philippines (IBP) to hold trial.

The IBP directed the parties to attend the Mandatory Preliminary Conference on July 30, 2014 at 10:00 a.m. at the IBP Headquarters on Julia Vargas Ave., Pasig City.

A copy of the IBP order is posted below.



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