Aquilino Pimentel vs Attys. Antonio Llorente and Ligaya Salayon A.C. No.

4680 August 29, 2000 Mendoza, J. Facts: A disbarment case was filed against Antonio Llorente and Ligaya P. Salayon for gross misconduct, serious breach of trust and violation of the lawyers oath. Salayon was elected as Election Officer of COMELEC while Llorente was City Prosecutor of Pasig City and its ex oficio chairman. Aquilino Pimentel, a Senatorial candidate, alleged that the respondents tampered the votes received by him as shown in the Statement of Votes and Certificate of Canvass unlike with the other senatorial candidates like Enrile, Coseteng, Honasan, Fernan, Mitra and Biazon whose votes were credited. Respondents denied Pimentels accusations. Respondents argued that the SoVs were prepared by the 12 canvassing committees. The mistake pointed by Pimentel could be attributed to honest mistake, oversight and or fatigue. The IBP recommended the dismissal of the complaint for lack of merit. Pimentel then filed criminal charges against respondents before the COMELEC and COMELEC dismissed the complainants charges. Issue: Whether or not the respondents were guilty of misconduct Ruling: Yes, the respondents were guilty of misconduct for the following reasons: a. Llorente was incorrect to seek the dismissal of petition on the ground of being filed late. He contended that Pimentel failed to indicate the date of his receipt of IBP resolution denying his motion for reconsideration making it undetermined whether his petition was filed with the 15-day period. Llorente failed to prove that Pimentels petition was filed late. In addition, laws dealing with double jeopardy or prescription have no application in disbarment proceedings. b. IBP erred when it recommended the dismissal of the petition based on the noninvolvement of the respondents on the tabulation of election results, presence of media making the canvassing free from irregularity and the failure of petitioner to establish the criminal intent of the respondents. The SC held that what was involved here was not just a case of mathematical error in tabulation of votes per precinct but a systematic scheme to pad the votes of certain senatorial candidates as the expense of petitioner. c. Respondents participation in the irregularities reflected the legal profession in general and lawyers in government. The SC held Antonio Llorente and Ligaya Salayon of misconduct and imposed them fine of Php 10,000 and a WARNING that similar act will be dealt with more severity.