Lawyer sues university officials

CEBU, Philippines - A lawyer has filed a disbarment case against his fellow lawyer officials of a university in  Cebu City where he was teaching while criminal charges were also filed before the Cebu City Prosecutor’s Office.

Lawyer Glenn Tabon has filed the charges against the Committee  on  Decorum and Investigation (CODI) of the University of San Jose-Recoletos (USJ-R) for allegedly not giving him due process on the complaint filed by a student against him.

Tabon accused committee chairperson and assistant dean of the College of Law, Atty. Mae Elaine Bathan; Atty. Jesus Velez, director of the Student Affairs Office; Dr. Edgar Detoya, dean of the College of Commerce; Dr. Audrey Barbara Bucad, director of the Human Resource; Roberto Cabardo, president of the Faculty Club; and Marmie Dyan Deniega, president of the Supreme Student Government for libel, incriminating innocent person and intriguing against honor.

In his complaint, Tabon alleged that the committee rendered a recommendation which he labeled as “malicious” for believing the alleged sexual harassment accusation of a student.

“…the CODI still came up with a very damaging and malicious findings and recommendation despite knowing that I was not able to confront and examine my accuser in violation of my rights to substantial and procedural due process required in the conduct of adversarial administrative proceedings,” the complaint read.

Aside from alleged serious violations of the lawyer’s oath, Bathan and Velez were also charged for malpractice and gross ignorance of the law while grave misconduct against Detoya was also filed before the Professionals Regulation Commission.

A university student has filed an administrative complaint against Tabon who was formerly a part-time faculty member of the USJ-R College of Commerce.

On March 4, 2013, Tabon said together with his counsel, they appeared before the school and ready to confront the complainant, however he said the CODI told them that they will be heard separately.

“…eager to confront my accuser and ready to prove that she was simply lying but the opportunity was prevented with the pronouncement  of  the CODI Chairperson Atty. Bathan in imposing a very strange procedure adopted wherein the parties will be separately heard and the questions will be propounded by the CODI members,” the complaint read.

Tabon said that his counsel “interpose objection for a violation of due process” stating that under the law, the respondent has a right to “confront and examine the accuser in any proceeding.”

However, he said after Bathan explained and justified the procedure, they “yielded” and asked to expedite the proceedings.

On October 3, 2013, Tabon received a letter from the USJ-R signed by the University President Rev. Fr. Enrico Silab, OAR, adopting the findings and recommendations of CODI that he will be no longer allowed to teach in the College of Commerce or in other colleges of the USJ-R.

Tabon questioned the findings saying that, “It was malicious for the CODI members for preventing me from even hearing the testimony of my accuser. I was not able to defend myself by confronting her and conducting cross examination which could have ferreted out the truth,” the complaint read, adding the CODI allegedly failed to read the affidavit complaint of the complainant when it did not see that there was inconsistencies in the allegations of the complainant that made the Civil Service dismissed the complaint.

Bathan in a text message to The Freeman said, “I am not aware of such case yet and if at all such case was filed by Atty. Tabon I suspect that this is related to the sexual harassment case filed against him by his student in the university. I headed the commission that investigated him, I have yet to receive a copy of the complaint and will readily answer all his accusations in due time.” —/GMR (FREEMAN)