View full case

SPOUSES EDWIN B. BUFFE & KAREN M. SILVERIO-BUFFE v. SEC. RAUL M. GONZALEZ

FACTS:

Spouses Edwin B. Buffe and Karen M. Silverio-Buffe filed a disbarment complaint against former Secretary of Justice Raul M. Gonzalez, former Undersecretary of Justice Fidel J. Exconde, Jr., and former Congressman Eleandro Jesus F. Madrona. The complaint alleges that the respondents committed an unethical act in violation of the Code of Professional Responsibility and the Lawyer's Oath, particularly the willful violation of certain laws.

The complainants alleged that Karen M. Silverio-Buffe was appointed as Prosecutor I/Assistant Provincial Prosecutor of Romblon province by former President Gloria Macapagal Arroyo and took her oath of office on August 15, 2008. She informed the relevant offices about her appointment and officially reported for work on August 19, 2008. However, the Romblon Provincial Prosecutor requested confirmation of her appointment because they did not receive any official communication regarding it. In December 2008, former Secretary of Justice Gonzalez ordered Silverio-Buffe to cease acting as a prosecutor, stating that she had no appointment to do so.

The complaint further alleged that former Congressman Madrona influenced Gonzalez and Undersecretary Exconde to refuse to administer Silverio-Buffe's oath of office and withhold the transmittal of her appointment papers. Madrona claimed that this was motivated by Silverio-Buffe being one of the plaintiffs in a civil case against him.

In response, the respondents denied the allegations and argued that there was no proof to support the accusations. Madrona also accused the complainants of submitting altered documents to the court, suggesting that they should be held accountable for dishonest conduct.

ISSUES:

  1. Whether or not the respondents committed an unethical act in violation of the Code of Professional Responsibility, and the Lawyer's Oath, particularly the willful violation of Republic Act Nos. 6713, 3019, and civil service law and rules.

  2. Whether or not Madrona acted out of spite or revenge against Silverio-Buffe and influenced Gonzalez and Exconde into refusing to administer Silverio-Buffe's oath of office and withholding the transmittal of her appointment papers.

RULING:

  1. Yes, the respondents committed an unethical act in violation of the Code of Professional Responsibility, and the Lawyer's Oath, particularly the willful violation of Republic Act Nos. 6713, 3019, and civil service law and rules.

  2. The Court did not make a ruling on whether or not Madrona acted out of spite or revenge against Silverio-Buffe and influenced Gonzalez and Exconde into committing the acts complained of.

PRINCIPLES:

  • Code of Professional Responsibility

  • Lawyer's Oath

  • Violation of Republic Act Nos. 6713 and 3019

  • Violation of civil service law and rules