On July 25, 2023, the Supreme Court En Banc, by a unanimous vote, directed Atty. Persida V. Rueda-Acosta (Atty. Acosta), the Chief of the Public Attorney’s Office (PAO), to show cause why she should not be administratively dealt with for issuing PAO Office Order No. 096, Series of 2023 (Office Order), in response to the Resolution, dated July 11, 2023, of the Court, directing the PAO to strictly comply with Canon III, Section 22 of the Code of Professional Responsibility and Accountability (CPRA).
The said Office Order gave the Public Attorneys the “discretion and disposition” to comply with Canon III, Section 22 of the CPRA and advised the Public Attorneys to reconcile the said provision with Article 209 of the Revised Penal Code, which penalizes betrayal of trust and revelation of secrets by lawyers, to avoid any criminal responsibility and imprisonment, an insinuation that compliance with the CPRA will amount to the commission of such offenses. Finally, the Office Order urged the Public Attorneys to adopt precautionary measures in handling conflict-of-interest cases “to protect their life and limb” and avoid criminal and administrative liability.
The Court deemed the foregoing instructions in Atty. Acosta’s Office Order as belligerent and disrespectful as she effectively accused the Court of directly exposing the Public Attorneys not only to criminal and administrative liability, but also physical danger. Thus, although it presented itself as a directive to comply with Canon III, Section 22 of the CPRA, the Office Order further instigated disobedience to the said rule.
In the July 11, 2023 Resolution of the Court, Atty. Acosta was already directed to show cause why she should not be cited in indirect contempt and disciplined as a member of the bar for her unabated public tirades against Canon III, Section 22 of the CPRA. The Office Order is viewed by the Court as a further act of disobedience and obstruction which degrades the administration of justice.
The Supreme Court Public Information Office will upload a copy of the Resolution to the Supreme Court website once it receives the same from the Office of the Clerk of Court En Banc.