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    Complainant, For Violation Of: Lawyer's Oath and Code of Professional Responsibility

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    Jyrus Cimatu
    1) Jyrus Cimatu files an administrative complaint against lawyer Alfredo Chicote for violating his oath and duties as a lawyer by knowingly assisting the escape of Abu Turaifie, a wanted terrorist accused of human rights violations during an attack in Marawi. 2) Chicote represented Abu Waleed, a co-accused, but failed to disclose Turaifie's whereabouts despite appearing for several hearings. It was later discovered that Chicote helped Turaifie flee to London in October 2018 in violation of a court order preventing his departure. 3) Cimatu argues that Chicote's conduct constitutes deceit, misconduct, and willful disobedience of

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    Complainant, For Violation Of: Lawyer's Oath and Code of Professional Responsibility

    Uploaded by

    Jyrus Cimatu
    49 views5 pages
    1) Jyrus Cimatu files an administrative complaint against lawyer Alfredo Chicote for violating his oath and duties as a lawyer by knowingly assisting the escape of Abu Turaifie, a wanted terrorist accused of human rights violations during an attack in Marawi. 2) Chicote represented Abu Waleed, a co-accused, but failed to disclose Turaifie's whereabouts despite appearing for several hearings. It was later discovered that Chicote helped Turaifie flee to London in October 2018 in violation of a court order preventing his departure. 3) Cimatu argues that Chicote's conduct constitutes deceit, misconduct, and willful disobedience of

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    1) Jyrus Cimatu files an administrative complaint against lawyer Alfredo Chicote for violating his oath and duties as a lawyer by knowingly assisting the escape of Abu Turaifie, a wanted terrorist accused of human rights violations during an attack in Marawi. 2) Chicote represented Abu Waleed, a co-accused, but failed to disclose Turaifie's whereabouts despite appearing for several hearings. It was later discovered that Chicote helped Turaifie flee to London in October 2018 in violation of a court order preventing his departure. 3) Cimatu argues that Chicote's conduct constitutes deceit, misconduct, and willful disobedience of

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    49 views5 pages

    Complainant, For Violation Of: Lawyer's Oath and Code of Professional Responsibility

    Uploaded by

    Jyrus Cimatu
    1) Jyrus Cimatu files an administrative complaint against lawyer Alfredo Chicote for violating his oath and duties as a lawyer by knowingly assisting the escape of Abu Turaifie, a wanted terrorist accused of human rights violations during an attack in Marawi. 2) Chicote represented Abu Waleed, a co-accused, but failed to disclose Turaifie's whereabouts despite appearing for several hearings. It was later discovered that Chicote helped Turaifie flee to London in October 2018 in violation of a court order preventing his departure. 3) Cimatu argues that Chicote's conduct constitutes deceit, misconduct, and willful disobedience of

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    © All Rights Reserved
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    of 5

    REPUBLIC OF THE PHILIPPINES

    SUPREME COURT
    MANILA

    JYRUS B. CIMATU
    Complainant,

    A.M. No.
    _________________ For Violation Of: Lawyer’s
    Oath and Code of Professional
    Responsibility
    -versus-

    ATTY. ALFREDO CHICOTE


    Respondent.

    x-----------------------------------------------------------------------------------------------x

    COMPLAINT-AFFIDAVIT

    I, JYRUS B. CIMATU, of legal age and with residence at Unit 0469 Sun
    Residence, Mayon St. corner Espana Boulevard, Sampaloc, Manila, after having
    been duly sworn to in accordance with law, hereby depose and state:

    1) I am a human rights advocate and is a volunteer for peacekeeping


    efforts in the Marawi conflict that has been concluded after the terrorist activities
    of the Maute Group. I am engaged in the peace negotiations and the planning of
    various projects that would ensure that the displaced citizens and victims during
    such conflict get the needed support and welfare.

    2) I am filing an administrative complaint against respondent


    ATTY. ALFREDO CHICOTE for violation of his oath as a lawyer and
    the Code of Professional Responsibility when he knowingly and freely
    took part and supported the Maute Group in their escape from the law
    enforcement agencies after the terrorist attack and violation of various
    human rights during their invasion of Marawi.

    3) On 25 April 2018, various victims of the terror attack on Marawi


    filed criminal complaints against those who perpetrated it and committed several
    human rights violation which includes Abu Turaifie, the current leader and
    henchmen of the Maute Group.

    4) On 25 May 2018, the Department of Justice found probable cause


    to charge Abu Turaifie for violation of the Human Security Act. On the same

    1
    day, the Information was filed with the Regional Trial Court of Marawi, Branch
    1.

    5) On 27 May 2018, the Office of the Secretary of Justice petitioned


    with the Regional Trial Court that there be issued a Lookout Bulletin directing
    all immigration officers to be on the lookout for accused Abu Turaifie, should
    he pass thru in any of our international airports and/or seaports.

    6) Thus, Hon. Judge Hayao Miyazaki of the Regional Trial Court of


    Marawi, Branch 1, issued warrants of arrest against Abu Turaifie.

    7) Subsequently thereafter on 1 June 2018, Hon. Judge Hayao


    Miyazaki issued a Hold Departure Order against accused Abu Turaifie stating
    that they are not allowed to leave the country until further orders from the
    Honorable Court or until final determination of the case.

    8) In the course of the trial of the case, respondent Atty. Alfredo


    Chicote entered his appearance as counsel for accused Abu Waleed, a minor and
    one of the accused in the criminal complaint filed by the victims of Marawi. He
    filed a Petition for Bail and requested that it would likewise apply to other co-
    accused. He failed to mention the whereabouts of the accused Abu Turaifie
    in this instance.

    9) On 25 July 2018, Atty. Chicote appeared for the hearing on the


    Petition for Bail but was not able to disclose the whereabouts of the accused,
    Abu Turaifie.

    10) The Government, in light of the hold departure order issued by the
    RTC of Marawi, and several issuances released by various law enforcement
    agencies and security departments of other countries, engaged in the manhunt
    for Abu Turaifie. This included the cancellation of their passports and posting
    of their mugshots in immigration bulletin boards.

    11) It was revealed on October 2018 however that Abu Turaifie


    managed to flee the territorial jurisdiction of the Philippines by travelling on
    board a Cathay Pacific Plane bound for London, under the name of Mohammad
    Frazier, on October 2018, issued by the Department of Foreign Affairs last
    March 2018.

    12) It was however shocking when it was discovered that the Atty.
    Chicote was with Abu Turaifie in the flight to London under the manifest
    of the airline company wherein he was seated beside accused. It was also
    confirmed by Immigration Center of London that Abu Turaifie arrived in
    Heathrow on 25 October 2018. Respondent Atty. Alfredo Chicote meanwhile

    2
    did not continue to London and instead stayed in Canada which is the place
    where they will catch a connecting flight.

    13) Considering that Atty. Chicote actively participated in the legal


    proceedings charging Abu Turaifie with such crimes and never revealing the
    whereabouts of the wanted suspect constitutes a gross violation of his oath as a
    lawyer and obstruction of justice.

    14) It must be emphasized that more than a lawyer for accused, Atty.
    Chicote is also an officer of the court. As such, he owes candor, fairness, and
    good faith to the court, and is duty-bound to uphold the Constitution, obey the
    laws of the land and promote respect for law and legal processes. His conduct
    fails to reflect the oath he swore before the Court which states that:

    CHAPTER I. THE LAW AND SOCIETY

    CANON 1- A LAWYER SHALL UPHOLD THE


    CONSTITUTION, OBEY THE LAWS OF THE LAND AND
    PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.

    CANON 12 – A LAWYER SHALL EXERT EVERY EFFORT


    AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY
    AND EFFICIENT ADMINISTRATION OF JUSTICE.

    15) Despite the best efforts to locate the accused in the issuance of a
    hold departure order, warrant of arrests, and look out bulletins, he never once
    intimated the location of the accused despite his knowledge thereof. This is a
    clear transgression of his duty as a lawyer to assist in the speedy and efficient
    administration of justice under Canon 23, Chapter III of the Code of
    Professional Responsibility.

    16) This would likewise correspond to the violation of not obeying the
    Constitution, the legal orders of the duly constituted authorities therein, and such
    other legal obligations a lawyer swore to uphold.

    17) Under Section 27, Rule 138, of the Rules of Court, a lawyer may be
    removed or suspended on the following grounds: (1) deceit; (2) malpractice; (3)
    gross misconduct in office; (4) grossly immoral conduct; (5) conviction of a crime
    involving moral turpitude; (6) violation of the lawyer’s oath; (7) willful
    disobedience of any lawful order of a superior court; and (8) corruptly or wilfully
    appearing as a lawyer for a party to a case without authority to do so.

    18) As Atty. Chicote have known the existence of the case pending
    before the Court since May 2018, he becomes duty bound not only to his client
    but to the courts and the legal orders of the authorities. It would be impossible
    for respondent to be innocent regarding the status of the case since it involves

    3
    the participation of the fugitive he aided to escape the law. The fact the he is a
    member of the Bar aggravates this offense, rendering him unworthy to be part
    of the profession.

    19) Presidential Decree No. 1829 punishes any person who knowingly
    or wilfully obstructs, impedes, frustrates, or delays the apprehension of suspects
    and the investigation and prosecution of criminal cases by harbouring or
    concealing or facilitating the escape of any person he knows or has reasonable
    ground to suspect, has committed any offense under existing penal laws in order
    to prevent his arrest, prosecution, and conviction. In conjunction thereof, the
    case of Ramon Gonzales v. Atty. Arnel Alcaraz, (A.C. No. 5231 September 27, 2006)
    pronounced that a lawyer’s transgression of the a penal law is reprehensible and
    cannot be countenanced by this Court.

    20) With these acts and omissions of Atty. Alfredo Chicote, he should
    be accordingly be punished and must suffer the most serious penalty sanctioned
    by law.

    21) I am executing this Affidavit to attest the truth of the foregoing


    statements and in support of my prayer for the IMMEDIATE
    DISBARMENT of ATTY. ALFREDO CHICOTE, who may be served with
    notices and other processes from this Honorable Court through his address at
    345 Fake St. Marawi City.

    AFFIANT FURTHER SAYETH NAUGHT.

    IN WITNESS WHEREOF, I hereunto set my hand this ________ of


    November 2019, at Marawi City.

    JYRUS B. CIMATU
    Affiant

    4
    REPUBLIC OF THE PHILIPPINES )
    MAKATI CITY ) S.S.

    VERIFICATION

    I, JYRUS B. CIMATU, of legal age, Filipino, and with residence at Unit


    0469 Sun Residence, Mayon St. corner Espana Boulevard, Sampaloc, Manila,
    after having been duly sworn to in accordance with law, hereby depose and
    state:

    1. I am the Complainant in the above-captioned case;


    2. I caused the preparation and filing of the foregoing Complaint;
    3. I have read the contents of said Complaint and I attest that the same are
    true and correct of my own personal knowledge and based on the
    records in my possession.

    IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of


    November 2018 in Marawi City.

    JYRUS B. CIMATU
    Affiant

    SUBSCRIBED AND SWORN to before me this 25th day of


    November 2018 in Marawi City, affiant exhibited to me his Philippine Passport
    No. XX69696969 issued by the Department of Foreign Affairs, which will
    expire on 25 April 2024.

    Doc. No. ______;


    Page No. ______;
    Book No. _____;

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