BURDEN OF PROOF IN DISBARMENT PROCEEDINGS:

     Generally, a lawyer who holds a government office may not be disciplined as a member of the Bar for misconduct in the discharge of his duties as a government official. He may be disciplined by this Court as a member of the Bar only when his misconduct also constitutes a violation of his oath as a lawyer. Considering the serious consequences of the penalty of disbarment or suspension of a member of the Bar, the burden rests on the complainant to present clear, convincing and satisfactory proof for the Court to exercise its disciplinary powers. The respondent generally is under no obligation to prove his/her defense, until the burden shifts to him/her because of what the complainant has proven.  Where no case has in the first place been proven, nothing has to be rebutted in defense. (Olazo vs. Hon. Tinga, A.M. No. 10-5-7-Sc, December 7, 2010, Brion, J.).