EX-IBP OFFICER DISBARRED FOR VIOLATING OATH

THE Supreme Court has disbarred a former officer of the Integrated Bar of the Philippines (IBP)-South Cotabato and General Santos chapter for violating the Lawyer’s Oath and the Code of Professional Responsibility (CPR) in connection with his involvement “in the reprehensible practice of perpetuating annulment packages.”

In a per curiam decision dated October 4 but made public only on Friday, Nov. 25, 2022, the court en banc also ordered that the name of the respondent, lawyer Remegio P. Rojas, be stricken off from the Roll of Attorneys.

The disbarment of Rojas stemmed from a complaint of Jocelyn Bartolome who said she gave the lawyer P90,000 in 2011 as payment in advance for a Cotabato judge who can supposedly expedite the annulment case of her brother.

Bartolome, however, said she later discovered that the “final court decision” on the annulment case of her brother that Rojas gave her was fake.

After she persistently demanded that the money be returned, Rojas wired back the amount in July 2014.

Nevertheless, charges were filed against the lawyer for violating the Lawyer’s Oath and Rules 1.01, 7.03, and 10.01, and Canon 15 of the CPR.

In his defense, Rojas denied the complainant’s claims and said he himself got scammed by a certain Muktar Santos who purportedly processed and lodged the annulment case before the Cotabato Regional Trial Court.

He denied authorship of the fake decision and said he only wanted to help Bartolome.

Rojas sought judicial clemency and banked on his alleged proven character and reputation as an officer of the IBP, Philippine Red Cross and civic organizations, as well as his being a university professor.

The IBP investigating commissioner recommended that Rojas be disbarred for being the author/ forger of a fake court decision.

The IBP board of governors adopted the recommendation, but modified the penalty from disbarment to suspension from the practice of law for five years.

Upholding the findings of the investigating commissioner, the Supreme Court noted that Rojas admitted his involvement “in the reprehensible practice of perpetuating ‘annulment packages,’ albeit disavowing authorship and with the caveat that he only did so to help the complainant, and in the process, was also scammed by Santos.”

“All these, regardless of his intention of presenting supposedly mitigating circumstances, besmirched the legal profession to the highest degree, by making a mockery of the judicial system. He simply violated his sworn oath to be honest, and to obey the law and the Constitution. It also created an impression to the public that the judicial process can be trifled with, and undermined the judicial processes of the courts,” the court said.

It held that Rojas failed his oath, especially considering his qualifications as a former officer of the IBP-South Cotabato and General Santos chapter, former law professor, and officer of various civic organizations.

“Atty. Rojas deliberately defiled the legal profession and was utterly remiss in his duties to the profession, to the society and to the courts,” the high court said in its decision.

It also said it cannot give Rojas a free pass since lawyers “who have been found to have violated their oath must be accountable for their actions and must face the consequences of their ill choices that affect the legal profession.”

The court added that Rojas did not meet the guidelines it had set to consider granting him clemency.

It pointed out that Rojas must first be held accountable, acknowledge his transgressions, and suffer the penalty therefor.