Writ of kalikasan lawyers may face disbarment, claims SolGen Calida

The lawyers involved in the petition seeking a Writ of Kalikasan for the Scarborough Shoal, Ayungin Shoal, and Panganiban Reef in the West Philippine Sea may face disbarment over violations of legal ethics after they allegedly deceived petitioner-fishermen from Zambales and Palawan.

Citing Section 27, Rule 138 of the Rules of Court, Solicitor General Jose Calida said, "A member of the Bar may be removed or suspended from his office by the Supreme Court for any deceit, malpractice or other gross misconduct in such office or for corruptly or willful appearing as an attorney for a party in a case without authority to do so. They were not authorized to file a case against the government agencies."

Calida, speaking on CNN Philippines, claimed that the Integrated Bar of the Philippines (IBP) lawyers did not inform the fishermen that they would be suing the government in the Writ of Kalikasan case.

Former IBP President Abdiel Fajardo, incumbent IBP President Domingo Cayosa, and human rights lawyer Chel Diokno could thus face disbarment cases if it was proven that they were part of a supposed conspiracy and that they supported "what is deceitful."

GMA News Online sought comment from the IBP, but has yet to receive a response as of this posting.

Human rights lawyer Chel Diokno, who was a collaborating counsel in the case, earlier said that they acted in good faith.

"If there was a breach of legal ethics in this case, it was the fact that the Navy lawyer bypassed the fisherfolks' lawyers," Diokno said in a statement.

"The IBP team, and myself as collaborating counsel, acted in good faith. Gusto lang naming tulungan ang mga kababayan natin dahil karapatan nilang mangisda sa sarili nating teritoryo na malaya sa pananakot at panggigipit ng iba," he added.

Calida, on the other hand, said that the Philippine Navy did not "pirate" the IBP 's clients by talking to them.

"[The fishermen] went to the office of Captain Angare to ventilate their complaints that they were not told that the petition would be against the government agencies so there is a deceit there and we commiserate with them. It is our duty to inform the Supreme Court immediately," Calida said.

"There's no lawyer-client privilege here because the petitioners were complaining that they were misled and they were deceived by the IBP lawyers," he added.

The petitioners were previously seeking for a Writ of Kalikasan—a remedy available to persons or groups whose right to a balanced and healthful ecology was violated or threatened with violation—in some parts of the West Philippine Sea.

They alleged that Chinese fishermen had used cyanide and dynamite, and harvested endangered species in the area.

The petitioners asked the Court to permanently order the Duterte Administration to permanently stop from "neglecting the performance of their duties in violation of environmental laws" in the West Philippine Sea.

Last week, Calida claimed that both the government and the petitioners agreed to have the case dismissed. — Dona Magsino/DVM, GMA News