FORMER Bureau of Customs Commissioner Nicanor Faeldon will have to hire a new lawyer after the Sandiganbayan disqualified his counsel, Jelina Maree Magsuci, from representing him in his two pending graft cases.
In an 11-page resolution promulgated last March 7 but released only yesterday, the anti-graft court’s Fifth Division granted the prosecution’s motion for disqualification against the defense lawyer on the ground that she is barred by law, specifically RA 7160 or the Local Government Code, from appearing in Faeldon’s cases.
While it took no action on the prosecution’s request to sanction Magsuci for lawyering for Faeldon, the Sandiganbayan said it is up to “the proper authorities to take any action it may deem appropriate” against her.
Faeldon is facing two counts of graft filed in 2021 by the Office of the Ombudsman over the alleged smuggling of Vietnamese rice worth P34 million through the Port of Cagayan de Oro in 2017.
Also charged were Customs district collector Tomas Alcid and officials of grains import firm Cebu Lite Trading Inc.
Faeldon was accused of illegally approving the release of the first shipment of 21,800 bags of rice valued at P18.5 million and the second one of 18,200 bags worth P15.5 million even if they were already seized by customs officers due to the absence of valid import permits and non-payment of customs duties and taxes.
Prosecutors, in their February 22, 2024 motion, informed the court that it came to their knowledge that Magsuci is an incumbent member of the Sangguniang Panlungsod of Calapan City, Oriental Mindoro having been elected to the post in the May 2022 general elections.
They pointed out that Section 90 (b) (2) of RA 7160 or the Local Government Code of 1991 prohibits any Sanggunian member who is a lawyer from appearing as counsel in any criminal case wherein his or her client is a government official accused of an offense committed in relation to public office.
Other than seeking Magsuci’s disqualification, the prosecution said it also furnished copies of its motion to the Committee on Bar Discipline of the Integrated Bar of the Philippines and the office of the Secretary of the Department of the Interior and Local Government (DILG).
Magsuci contested the motion for her disqualification, saying it was a sham pleading on the ground that Faeldon was no longer connected with the BOC or any other government post even before she started representing him in court and got elected to her post.
Faeldon resigned as Customs commissioner on September 4, 2019 while Magsuci entered her appearance as his lawyer on May 19, 2021.
She argued that the proscription in the Local Government Code was intended to prevent an incumbent government official in a national post from using his influence and the resources of his office, circumstances no longer applicable in Faeldon’s case.
The Sandiganbayan pointed out that Magsuci did not deny the crux of the prosecution’s motion that she is an incumbent LGU official of Calapan City.
It declared that Magsuci was mistaken regarding her contention about the non-applicability of the proscription in the Local Government Code in Faeldon’s case.
“The Court cannot accept this contention. The plain text of the provision does not require such status on the part of the accused. It simply states that in a criminal case, ‘an officer or employee of the national or local government is accused of an offense committed in relation to his office’,” the Sandiganbayan said.
It clarified that the prohibition in RA 7160 is anchored on Canon III on Fidelity of the Code of Professional Responsibility and Accountability (CPRA) which states that lawyers in government service “shall not represent an interest adverse to the government.”
“After careful consideration of the facts and applicable law, the Court finds and holds that Atty. Magsuci, assisting counsel for accused Faeldon, is disqualified from appearing as counsel in these cases,” the Sandiganbayan added.
