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De Bumanglag vs. Bumanglag [A.M. No.

188 November 29,


1976]
Post under case digests, Legal Ethics at Saturday, February 25, 2012 Posted by Schizophrenic Mind

Facts: Esteban T. Bumanglad, the respondent, was found


by the Court in its decision of September 24, 1973 guilty of
gross immoral conduct and ordered his suspension from
the practice of law for a period of two (2) years;
Respondent filed several motions for reconsideration but
the same were denied;
As a result of such denial, the respondent wrote a petition
to the President of the Philippines that he promulgate(s) a
decree that the order of suspension by the Supreme Court
be set aside and that your humble self be allowed to
become an active member of the New Society.
The respondent alleged in the same petition that he was
deprived of due process of law;
The Clerk of Court, by way of an indorsement from the
Assistant Executive Secretary, received a copy of the
petition and was requested to comment and/or
appropriate action on the subject matter;

However, in a subsequent letter to the President the


respondent retracted and acknowledged his non
observance of protocol of separation of powers;
In the end, the respondent asked for an apology from the
members of the Honorable Court.
Issues:
(1) Whether or not respondent may be disciplined for
gross ignorance of the law and of the Constitution in not
observing the protocol of separation of power by asking
the President to set aside by decree the decision of the
Court imposing suspension upon the respondent
(2) Whether or not a decision duly promulgated by the
Supreme Court may be set aside by a Presidential Decree
Held:
(1) Respondent is hereby administered a reprimand for
gross ignorance of the law and of the Constitution in
having asked the President to set aside by decree the
Court's decision which suspended him for two years from
the practice of law, with warning that the commission of
any transgression in the future of his oath and duties as a
member of the bar will be severely dealt with.

(2) Since respondent has apologized for his "big mistake"


and now appreciates that under the fundamental principle
of separation of powers enshrined in both the 1935 and
1973 Constitutions, a decision of this Court may not be set
aside by the President, the Court is disposed to view his
misconduct and/or ignorance with liberality and will
administer a reprimand with warning of severe action on
any future transgressions, considering respondent's
unenviable record.

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