Mike Fermin Vs Atty Bedol
Mike Fermin Vs Atty Bedol
Mike Fermin Vs Atty Bedol
Peralta, J
Facts
These all notices issued by Respondent- Atty Lintang Bedol, is prior to the
issuance of COMELEC En Banc resolution dated July 27, 2004 which the
complainant insist that it was violation of procedural requirements of the
COMELEC.
Issue
Ruling
Yes, Atty Bedol violated canon 1 of the code of professional responsibility. The
IBP Commission on Bar Discipline issued a report recommending the respondent
guilty of violation of canon 1 of the CPR on the basis of Sec 4 R.A 7166 which
provides; Postponement, Failure of Election and Special Election – The
postponement declaration of failure of election and the calling of special elections
as provided in Sec 5, 6 and 7 of Omnibus Election Code shall be decided by the
commission sitting en banc by a majority vote of its members. Respondent’s act
of issuing those notices ahead of the issuance of the COMELEC en banc
resolution calling for special election was not in compliance with the procedures
under the law and the Comelec rules; hence this respondent is found guilty of
violation of code of professional conduct.