Brigida Buenaseda et al vs Juan Flavier et al

In 1992, the NCMH Nurses Association (NCMH) filed a case of graft and corruption
against Dr. Brigida Buenaseda and several other government officials of the Department
of Health (DOH). The Ombudsman (then Conrado Vasquez), ordered the suspension
of Buenaseda et al. The suspension was carried on by then DOH Secretary Juan Flavier,
being the officer in charge over Buenaseda et al. Buenaseda et al then filed with the
Supreme Court a petition for certiorari, prohibition, and mandamus, questioning the
suspension order. NCMH submitted its Comment on the Petition where they attached a
Motion for Disbarment against the lawyers of Buenaseda et al.
Allegedly, the lawyers of Buenaseda et al advised them not to obey the suspension order,
which is a lawful order from a duly constituted authority. NCMH maintains that such
advice from the lawyers constitute a violation against the Code of Professional
Responsibility.
The Solicitor General, commenting on the case, agreed with Buenaseda’s lawyers as he
maintained that all the Ombudsman can do is to recommend suspensions not impose them.
The Sol-Gen based his argument on Section 13 (3) of the 1987 Constitution which provides
that the Office of the Ombudsman shall have inter alia the power, function, and duty to:
Direct the officer concerned to take appropriate action against a public official or employee
at fault, and recommend his removal, suspension, demotion, fine, censure or prosecution,
and ensure compliance therewith.
ISSUES: Whether or not the Ombudsman has the power to suspend government officials.
Whether or not a Motion for Disbarment may be filed in a special civil action.
HELD: Yes, the Ombudsman may impose suspension orders. The Supreme Court clarifies
that what the Ombudsman issued is an order of preventive suspension pending the
resolution of the case or investigation thereof. It is not imposing suspension as a penalty
(not punitive suspension). What the Constitution contemplates that the Ombudsman may
recommend are punitive suspensions.
Anent the issue of the Motion for Disbarment filed with the Ombudsman, the same is not
proper. It cannot be filed in this special civil action which is confined to questions of
jurisdiction or abuse of discretion for the purpose of relieving persons from the arbitrary
acts of judges and quasi-judicial officers. There is a set of procedure for the discipline of
members of the bar separate and apart from the present special civil action. However, the
lawyers of Buenaseda were reminded not be carried away in espousing their client’s cause.
The language of a lawyer, both oral or written, must be respectful and restrained in keeping
with the dignity of the legal profession and with his behavioral attitude toward his brethren
in the profession