SC disbars lawyer for allegations vs 2 justices
The Supreme Court has ordered a lawyer of the defunct Urban Bank disbarred after accusing two of the tribunal’s justices of involvement in the bank’s sale of its assets more than a decade ago.
The Court, in a unanimous decision dated April 17, ordered Magdaleno Peña’s name stricken from the roll of attorneys.
“For violating Canons, 8, 10 and 11 of the Code of Professional Responsibility [for lawyers] and for failing to give due respect to the courts and his fellow lawyers… Peña is hereby disbarred from the practice of law, effective upon receipt of this decision…” the Supreme Court ruling stated.
Peña is the incumbent mayor of Pulupandan, Negros Occidental. He is the estranged husband of actress and television host Maria Roxanne “Plinky” Recto. He lost a celebrated custody battle for their 7-year-old son last year.
In November last year, Peña filed a complaint with the Supreme Court’s committee on ethics and ethical standards wherein he accused Justice
Antonio Carpio of allegedly falsifying a Nov. 13, 2002 ruling of the tribunal’s First Division to favor Urban Bank.
Peña also accused Justice Ma. Lourdes Sereno for “protecting” Carpio by refusing to inhibit from the active case despite her closeness to Carpio.
The tribunal ruled that Peña’s “conduct, demeanor and language with respect to his cause of action—in this Court, no less—tend to undermine the integrity and reputation of the judiciary, as well as inflict unfounded accusations against fellow lawyers.”
“Most disconcerting for this Court is this uncanny ability to obtain confidential and internal court records and to use them shamelessly in his pleadings in furtherance of his cause.”
The high court also directed the Supreme Court clerk of court to investigate how Peña obtained several confidential and internal court records that were used against the justices.
The clerk was also instructed to report on the matter and make recommendations on the administrative and disciplinary liabilities, if any, of court personnel possibly involved in the Urban Bank case.
The justices said the Court “cannot just make short shrift of his (Peña’s) inclination towards casually moving for the inhibition of justices of the Court based on unfounded claims, since he has not shown remorse or contrition for his ways.”
They pointed out that Peña “has shown and displayed in these proceedings that he has fallen short of the ethical standards of the noble profession and must be sanctioned accordingly.” Jerome Aning
