VICTOR C. LINGAN v. ATTYS. ROMEO CALUBAQUIB, AC. No.
5377, 2014-
06-30
Facts:
After this court had suspended Atty. Baliga from the practice of law, the
Commission on Human Rights En Banc issued the resolution dated January
16, 2007, suspending him from his position as Director/Attorney VI of the
Commission on Human Rights Regional Office for Region II. According to the
Commission on Human Rights En Banc, Atty. Baliga's suspension from the
practice of law "prevent[ed] [him] from assuming his post [as Regional Director]
for want of eligibility in the meantime that his authority to practice law is
suspended."
Atty. Baliga argued that he cannot be suspended for acts not connected with
his functions as Commission on Human Rights Regional Director. According to
Atty. Baliga, his suspension from the practice of law did not include his
suspension from public office.
On May 8, 2009, this court received a letter from complainant Lingan. It was
alleged that Atty. Baliga continued practicing law and discharging his functions
as Commission on Human Rights Regional Director, in violation of this court's
order of suspension.
Complainant Lingan claimed that the discharge of the functions of a
Commission on Human Rights Regional Director necessarily required the
practice of law. A Commission on Human Rights Regional Director must be a
member of the bar and is designated as Attorney VI. Since this court
suspended Atty. Baliga from the practice of law, Atty. Baliga was in effect "a
non-lawyer and [was] disqualified to hold the position of [Regional Director]
[during the effectivity of the order of suspension]."
On July 17, 2009, Atty. Baliga filed a manifestation, arguing that his
suspension from the practice of law did not include his suspension from public
office. Atty. Baliga said, "[t]o stretch the coverage of [his suspension from the
practice of law] to [his] public office would be tantamount to [violating] his
constitutional rights [sic] to due process and to the statutory principle in law
that what is not included is deemed excluded."
Issues:
The issue for our resolution is whether Atty. Baliga's motion to lift order of
suspension should be granted.
Ruling:
We find that Atty. Baliga violated this court's order of suspension. We,
therefore, suspend him further from the practice of law for six months.
Practice of law is "any activity, in or out of court, which requires the application
of law, legal procedure, knowledge, training and experience."
Work in government that requires the use of legal knowledge is considered
practice of law.
The Commission on Human Rights is an independent office created under the
Constitution with power to investigate "all forms of human rights violations
involving civil and political rights[.]"
Each regional office is headed by the Regional Director who is given the
position of Attorney VI.
These powers and functions are characteristics of the legal profession.
In ordering Atty. Baliga suspended from office as Regional Director, the
Commission on Human Rights did not violate Atty. Baliga's right to due
process. First, he was only suspended after investigation by the Commission
on Human Rights Legal and Investigation
Office. Second, the Commission gave Atty. Baliga an opportunity to be heard
when he filed his motion for reconsideration.
All told, performing the functions of a Commission on Human Rights Regional
Director constituted practice of law. Atty. Baliga should have desisted from
holding his position as Regional Director.
WHEREFORE, we further SUSPEND Atty. Jimmy P. Baliga from the practice of
law for six (6) months. Atty. Baliga shall serve a total of one (1) year and six (6)
months of suspension from the practice of law, effective upon service on Atty.
Baliga of a copy of... this resolution.
SO ORDERED.
Principles:
This court has the exclusive jurisdiction to regulate the practice of law. When
this court orders a lawyer suspended from the practice of law, the lawyer must
desist from performing all functions requiring the application of legal
knowledge within theperiod of suspension. This includes desisting from
holding a position in government requiring the authority to practice law.
