Question XV-B, Political Law, 2017 Bar Exam

May a complaint for disbarment against the Ombudsman prosper during her incumbency? Explain your answer. (3%)

Suggested Answer:

No. Under jurisprudence, an impeachable officer who is a member of the Bar cannot be disbarred without first being impeached. To grant a complaint for disbarment during the incumbency would in effect be to circumvent and hence to run afoul of the constitutional mandate that impeachable officers may be removed from office only by impeachment for and conviction of certain offenses listed in Article XI (2) of the Constitution.  

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