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SC junks disbarment cases against Santiago

By Dona Pazzibugan
Philippine Daily Inquirer
First Posted 20:13:00 03/10/2010

Filed Under: Judiciary (system of justice)

MANILA, Philippines?The Supreme Court has dismissed a disbarment case filed against reelectionist Senator Miriam Defensor-Santiago, saying the complaint was based on hearsay and speculation.

In a resolution dated February 22, the Supreme Court Second Division found no merit in the complaint filed by a certain Efren Battad, who accused the senator of non-disclosure of two mansions she allegedly owned, obstruction of the police investigation into her son's death, and graft during her past stints as agrarian reform secretary and immigration chief.

Battad had also accused Santiago of being of ?unsound mind? and of unparliamentary behavior.

?We find the instant complaint to be without merit. Consequently the same is dismissed outright,? the high tribunal said.

It said Battad's allegations were ?mere generalizations, speculations, malicious insinuations, and conclusions without any factual basis.?

It went on to say that Battad did not present a single document and did not say how he came to personally know of the charges he leveled against Santiago.

?The allegations are pure hearsay,? said the court.

?All we know about the complainant is that he is of legal age with address at BASECO Compound Port Area, Manila. Other than that, we know nothing about him. Also, an examination of the 15-page complaint reveals it is not supported by affidavits of persons having personal knowledge of the facts alleged,? it continued.

The high tribunal said that it would only exercise its power to disbar lawyers in ?clear cases of misconduct that seriously affect the standing and character of lawyers as officers of the court and as members of the bar.?

Santiago hailed the Supreme Court's decision as a ?triumph of good versus evil.?

She said the disbarment case was not an ordinary smear campaign but part of a plot to malign her and to get back at her for her exposés against influential government officials involved in the road users tax diversion scandal and the ?euro generals? controversy.

A disqualification case filed against her candidacy which essentially used the same allegations has already been dismissed by the Commission on Elections last February 10.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.



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