SECOND DIVISION
[A.C. No. 11557. August 19, 2019.]
ATTY. BERNARDO M. LUCERES, complainant, vs.PROS. MA. CONCEPCION C. TRINIDAD-ABAYA, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated19 August 2019which reads as follows:
"A.C. No. 11557: ATTY. BERNARDO M. LUCERES v. PROS. MA. CONCEPCION C. TRINIDAD-ABAYA
Complainant Atty. Bernardo M. Luceres filed an Administrative Complaint against respondent Assistant Prosecutor Ma. Concepcion C. Trinidad-Abaya charging the latter with gross ignorance of the law in dismissing the criminal complaint. Complainant averred that in so dismissing the criminal case, respondent violated The Code of Professional Responsibility, specifically Canon 5 which states that "[A]ll lawyers shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence." Complainant alleged that had respondent knew of the Rules on Electronic Evidence, she would not have dismissed the case.
In our Decision dated 12 October 2016 in A.C. No. 8168 entitled Spouses Edwin B. Buffe and Karen M Silverio-Buffe v. Sec. Raul M. Gonzalez, et al., we ruled that actions against public officers charged for acts involving their official functions during their tenure should be resolved by the Office of the Ombudsman as the appropriate government agency. We further ruled that the Integrated Bar of the Philippines 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 superior or the Ombudsman. 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.
IN VIEW OF THE FOREGOING, the Complaint filed against Assistant Prosecutor Ma. Concepcion C. Trinidad-Abaya is DISMISSED, for lack of jurisdiction.
Accordingly, the case is considered CLOSED and TERMINATED.
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court