Napoles lawyer Stephen David faces disciplinary evaluation

The Supreme Court has rebuked lawyer Stephen David, lead counsel of businesswoman and alleged pork barrel scam mastermind Janet Lim-Napoles, for keeping mum during a Sandiganbayan probe over an alleged solicitation done by one of the anti-graft court's security guards.

In an 11-page en banc ruling penned by Chief Justice Maria Lourdes Sereno, the high court chided David for his "apparent obstinacy and refusal" to cooperate in the investigations.

The SC likewise tapped the Office of the Bar Confidant to evaluate the actions of David, saying a report on his disciplinary evaluation should be submitted within 30 days upon receipt of the decision which was promulgated on July 11.

The case stemmed from an incident on December 5, 2014 when Sandiganbayan Presiding Justice Amparo Cabotaje-Tang received a complaint from the Sandiganbayan security officers against Ronald Allan Gole Cruz of the Security and Sheriff Division.

'Pamasko for the boys'

Based on an investigation conducted by the Sandiganbayan, Cruz convinced news cameraman Dave Gonzales in November 2014 to hand over a solicitation envelope to David for the Sandiganbayan security personnel's Christmas party.

Gonzales had claimed that he did not know what the envelope was for, but he still handed it over to David for the sake of "pakikisama."

On December 1, David passed by the Sandiganbayan's back door and told security guards that he would return the envelope meant as "pamasko for the boys" the following day.

The lawyer informed Armando Astor saying, "Nabigay ko na 'yung pang-Christmas niyo" on December 2.

Unaware of the matter, Astor asked David what the envelope was for. David then replied, "Nandoon kay Gole 'yung kasama niyo na security," which was overheard by four other security guards including Rosita Domingo who reported the incident to her colleague Darwin Trinidad.

Trinidad and Rodelio Lalongisip launched an investigation into the matter.

David handed money in comfort room

Meanwhile in the same investigation, several security guards said Cruz received P20,000 from David who handed him the money inside a comfort room of the Sandiganbayan.

Cruz then approached former Acting Chief Judicial Staff Officer Albert Dela Cruz saying he would sponsor the catering services of their Christmas party.

Asked where the funds would come from, Cruz admitted it came from David but refused to show Dela Cruz the money for fear of being implicated in a case of solicitation.

Cruz has since denied soliciting nor receiving money from David.

The SC has found Cruz guilty of improper solicitation and perpetually barred him from employment in any branch of government.

David in best position to prove solicitation

The SC emphasized that being a lawyer, David should have cooperated in the investigation being "an officer of the court who has the duty to uphold its dignity and authority and not promote distrust in the administration of justice."

"The Court noted that Atty. David, who is in the best position to state whether respondent Cruz received money from him through improper solicitation, has chosen to remain silent and refused to give his statement," the resolution said.

"He is therefore under obligation to shed light on the truth or falsity of the issue, considering that he is at the center of the controversy," it added.

The SC further noted that while David is not a respondent in the case, “his involvement in the controversy is nonetheless a matter of concern for this Court.”

Ten SC associate justices concurred with the resolution. Associate Justices Mariano Del Castillo and Francis Jardeleza were on leave during the promulgation, while Associate Justice Samuel Martires recused himself. —KG/KVD, GMA News