In Fermin v. Bedol, the Supreme Court addressed the administrative liability of a lawyer who, while serving as a Provincial Election Supervisor, issued notices for a special election before the Commission on Elections (COMELEC) had officially declared a failure of election and called for such a special election. The Court found the lawyer guilty of violating Canon 1 of the Code of Professional Responsibility, which mandates obedience to the laws and legal processes. This ruling underscores the high standard of conduct expected of lawyers, especially those in public office, to uphold the rule of law and maintain public trust in government institutions. The decision reinforces the principle that lawyers must strictly adhere to established legal procedures and avoid actions that undermine the integrity of legal processes, emphasizing the importance of respecting the legal framework.

Acting Before Authority: When Premature Notices Lead to Legal Liability

The case revolves around Mike A. Fermin’s complaint against Atty. Lintang H. Bedol, focusing on actions taken by Bedol in his capacity as Provincial Election Supervisor of Maguindanao. The core issue arose when Bedol issued notices for a special election in Barangay Guiawa prior to the COMELEC’s official declaration of a failure of election. Fermin contended that these premature notices demonstrated a disregard for the truth and disrespect for the rule of law, violating Canon 1 of the Code of Professional Responsibility. The question before the Court was whether Bedol’s actions warranted disciplinary action for failing to uphold his duty as a lawyer to obey the laws and respect legal processes. The ensuing legal discussion delves into the specifics of the case, the applicable legal framework, and the implications of the Court’s decision.

The facts of the case are straightforward. Following a petition filed by Bai Susan Samad, a defeated mayoral candidate, the COMELEC en banc was considering declaring a failure of election in Precinct No. 25A/26A of Barangay Guiawa. Before the COMELEC issued its resolution, Atty. Bedol, as Provincial Election Supervisor, sent out notices to candidates, political parties, and registered voters regarding a special election scheduled for July 28, 2004. These notices, dated July 23, 2004, included invitations for a conference on July 25, 2004, and an announcement on July 26, 2004, regarding the canvassing of votes. Fermin argued that these actions were premature and without legal basis, reflecting a disregard for the law and a propensity for corrupt practices.

In response, Atty. Bedol defended his actions by stating that the notices were intended to alert and notify all concerned parties about the upcoming special election, given the short timeframe for preparation. He argued that it was necessary to act promptly to avoid violating the Fair Elections Act and to ensure that all parties were adequately informed. Bedol further claimed that all cases filed against him by Fermin with the COMELEC were dismissed due to a complete absence of cause of action. However, this defense did not sway the Integrated Bar of the Philippines (IBP) or the Supreme Court, which both found his actions to be in violation of the Code of Professional Responsibility.

The IBP Commission on Bar Discipline, after investigation, found Atty. Bedol guilty of violating Canon 1 of the Code of Professional Responsibility. Canon 1 states:

A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND FOR LEGAL PROCESSES.

The IBP recommended that Atty. Bedol be reprimanded, with a stern warning against any repetition of similar conduct. The IBP Board of Governors subsequently adopted and approved the recommendation, modifying the penalty to suspension from the practice of law for one year. This decision was based on the finding that Atty. Bedol had issued notices of a special election before the COMELEC had even decided on the need for one, which was deemed highly irregular and a violation of Canon 1.

The Supreme Court affirmed the findings and conclusions of the IBP, emphasizing the importance of adhering to legal procedures. The Court cited Section 4 of Republic Act No. 7166, which clearly states that the declaration of failure of election and the calling of special elections must be decided by the COMELEC en banc.

Section 4. Postponement, Failure of Election and Special Elections. – The postponement, declaration of failure of election and the calling of special elections as provided in Sections 5, 6 and 7 of the Omnibus Election Code shall be decided by the Commission sitting en banc by a majority vote of its members. The causes for the declaration of a failure of election may occur before or after the casting of votes or on the day of the election.

The Court noted that Atty. Bedol’s actions in issuing notices prior to the COMELEC’s resolution were not in compliance with the law and COMELEC rules, thereby breaching his duty to obey the laws and legal orders of the duly constituted authorities. This breach was deemed a violation of Canon 1 of the Code of Professional Responsibility. The Court emphasized that lawyers must respect and abide by the law, avoiding any act or omission contrary to it, as this not only reflects on their character but also inspires public respect for the law.

Furthermore, the Court highlighted the heightened responsibility of lawyers in public office, such as Atty. Bedol, who was then a Provincial Election Supervisor. These lawyers are expected to refrain from any actions that could diminish public trust in government and must uphold the dignity of the legal profession at all times. As government lawyers, they are considered keepers of public faith and are burdened with a higher degree of social responsibility than their counterparts in private practice. Atty. Bedol’s defense that there was insufficient time to prepare for the special elections was dismissed, as the notices were issued before the COMELEC even authorized the election. The Court reiterated that members of the Bar are expected to comply with procedural rules and promote respect for the law and legal processes.

This case serves as a crucial reminder of the ethical obligations of lawyers, particularly those in public service. The Supreme Court’s decision underscores the importance of adhering to legal processes and respecting the authority of the COMELEC in electoral matters. By suspending Atty. Bedol, the Court sent a clear message that premature actions and disregard for established legal procedures will not be tolerated. The ruling reinforces the principle that lawyers must act as exemplars of the law, promoting respect and obedience to legal processes in all their professional endeavors.

The implications of this ruling extend beyond the specific facts of the case. It reinforces the necessity for legal professionals to act with utmost integrity and adherence to the law, especially when serving in public office. Lawyers in such positions must be vigilant in ensuring that their actions align with legal mandates and that they do not act in a manner that could undermine public confidence in the legal system. The case also serves as a cautionary tale, highlighting the potential consequences of disregarding procedural rules and acting without proper authorization.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Lintang H. Bedol violated Canon 1 of the Code of Professional Responsibility by issuing notices for a special election before the COMELEC officially declared a failure of election. The Court examined whether his actions demonstrated a disregard for the law and disrespect for legal processes.
What is Canon 1 of the Code of Professional Responsibility?	Canon 1 states that a lawyer shall uphold the constitution, obey the laws of the land, and promote respect for law and for legal processes. This canon underscores a lawyer’s duty to abide by legal rules and act in a manner that fosters public confidence in the legal system.
What was Atty. Bedol’s defense?	Atty. Bedol argued that the notices were intended to alert and notify all concerned parties about the upcoming special election, given the short timeframe for preparation. He claimed that it was necessary to act promptly to avoid violating the Fair Elections Act.
What was the Supreme Court’s ruling?	The Supreme Court found Atty. Bedol guilty of violating Canon 1 of the Code of Professional Responsibility and ordered him suspended from the practice of law for one year. The Court emphasized the importance of adhering to legal procedures and respecting the authority of the COMELEC.
Why was Atty. Bedol’s position as Provincial Election Supervisor significant?	As a Provincial Election Supervisor, Atty. Bedol was held to a higher standard of conduct. Lawyers in public office are expected to uphold the dignity of the legal profession and refrain from actions that could diminish public trust in government.
What does Section 4 of RA 7166 state?	Section 4 of Republic Act No. 7166 states that the declaration of failure of election and the calling of special elections must be decided by the Commission on Elections (COMELEC) sitting en banc by a majority vote of its members. This provision underscores the COMELEC’s authority in electoral matters.
What was the IBP’s recommendation?	The IBP initially recommended that Atty. Bedol be reprimanded, with a stern warning against any repetition of similar conduct. However, the IBP Board of Governors modified the penalty to suspension from the practice of law for one year.
What is the practical implication of this case for lawyers in public office?	This case serves as a reminder for lawyers in public office to act with utmost integrity and adherence to the law. They must ensure that their actions align with legal mandates and that they do not act in a manner that could undermine public confidence in the legal system.

In conclusion, Fermin v. Bedol is a landmark case that highlights the ethical responsibilities of lawyers, particularly those in public service, to uphold the law and respect legal processes. The Supreme Court’s decision reinforces the importance of adhering to established legal procedures and underscores the potential consequences of acting prematurely or without proper authorization. By holding Atty. Bedol accountable for his actions, the Court reaffirmed the commitment to maintaining the integrity of the legal profession and the electoral system.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: MIKE A. FERMIN v. ATTY. LINTANG H. BEDOL, A.C. No. 6560, September 16, 2019