CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial officers and

d should insist on similar conduct by others. Rule 11.01 A lawyer shall appear in court properly attired.

A lawyer may NOT wear outlandish or colorful clothing to court. As an officer of the court and in order to maintain the dignity and respectability of the legal profession, a lawyer who appears in court must be properly attired. Consequently, the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire. Any deviation from the commonly accepted norm of dressing in court (barong or tie, not both) is enough to warrant a citing for contempt.

RULE 11.02 A lawyer shall punctually appear at court hearings. In its decision of 19 June 1995, 7 the Court of Appeals dismissed CA-G.R. SP No. 37081. As to the first issue, it held that the petitioner herself admitted the fact of her tardiness. As to the second issue, it found that the petitioner was not honest about her punctual attendance in court, which if considered together with her tardiness, may be punished with contempt. Thus: The possibility is, the petitioner was penalized for contempt not only because she was late or tardy, but also because of falsehood in her April 11, [1995] "explanation". Precisely, the respondent said, despite her tardiness she offered no apology and worst she allegedly lied. Her "temerity" in alleging a falsehood is a "callous disregard" of the dignity of the court and a "manifestation of disregard" of the virtue of honesty. Besides, petitioner's "blatant allegation of an obvious falsehood" is a wrongful act. 8 The Court of Appeals gave credence to the affidavits of the respondent Judge and several court employees attesting to the tardiness of the petitioner on certain occasions. It concluded that although "a late appearance by only about 10 minutes does not per se amount to a stubborn or perverse disobedience," that "tardiness coupled with statements less than truthful should certainly be castigated." It went on to state that: The respondent Judge should not be faulted for being strict in the matter of time attendance during trials. He has . . . consistently penalized private as well as government lawyers, litigants, witnesses and court personnel who are remiss in their duties to come to court on time, a policy he adopted without exemptions, since 1989 when he was still a Presiding Judge of the Metropolitan Trial Court of Manila. 9

The petitioner then came to this Court through the instant petition for review contending that the decision of the Court of Appeals is based on a mere possibility, thereby depriving her of her constitutional right to be presumed innocent. She would never have the nerve or temerity to violate the court's rules, indulge in any falsehood, or commit any act which would taint her record and jeopardize her burning ambition to join the judiciary in the future. She argues that if indeed she order issued by the respondent Judge; no such order exists. The fact that she immediately submitted her explanation indicated her unfailing respect to the court. She also attacks the value of the affidavits submitted by the respondent Judge before the Court of Appeals for having been executed through the respondent Judge's influence, who exercises moral ascendancy over the affiants. She attached to her petition machine copies of several pages of the Prosecutor's Logbook showing her daily attendance from 16 August 1994 to 11 April 1995. 10 The petitioner also alleges that the contempt order was a retaliatory act because she had spurned the respondent Judge's amorous advances to her. Describing herself as a young woman, who is, by standards of physical beauty, "well-endowed and physically attractive," she claims that the respondent Judge had been extending unusual courtesies to her. There were numerous occasions when he would visit her in her office or invite her for lunch at his chambers or elsewhere; he also allowed her frequent access to his chambers and provided her an electric fan and a cellular phone. These were discreet ministrations for her to give in to his offers for cocktails or a date at Karaoke clubs. But prior to the issuance of the contempt order, she earned the ire of the respondent Judge, because on a trip to Cagayan de Oro City, she failed to call him despite his numerous requests to do so. She explained to him that she had lost the phone. At another time, he sought her for the jurat in his affidavit; but when she requested him to personally appear before her and take his oath, the respondent Judge was apparently insulted and had the affidavit retrieved and referred to another prosecutor instead. She was, in fact, the prime target of Memorandum No. 1-95, to sever whatever free access she had previously enjoyed

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case.

[1990R889E] KHALYXTO PEREZ MAGLASANG, accused-petitioner, vs. PEOPLE OF THE PHILIPPINES, Presiding Judge ERNESTO B. TEMPLADO (San Carlos City Court), Negros Occidental, respondents.

RULING: It is clear that the case was lost not by the alleged injustices Atty. Castellano irresponsibly ascribed to the members of the Court's Second Division, but simply because of his inexcusable negligence and incompetence. Atty. Castellano, however, seeks to pass on the blame for his deficiencies to the Court, in the hope of salvaging his reputation before his client. Unfortunately, the means by which Atty. Castellano hoped to pass the buck so to speak, are grossly improper. As an officer of the Court, he should have known better than to smear the honor and integrity of the Court just to keep the confidence of his client. Time and again we have emphasized that a "lawyer's duty is not to his client but to the administration of justice; to that end, his client's success is wholly subordinate; and his conduct ought to and must always be scrupulously observant of law and ethics." 21 Thus, "while a lawyer must advocate his client's cause in utmost earnest and with the maximum skill he can marshal, he is not at liberty to resort to arrogance, intimidation, and innuendo." 22 To be sure, the Court does not pretend to be immune from criticisms. After all, it is through the criticism of its actions that the Court, composed of fallible mortals, hopes to correct whatever mistake it may have unwittingly committed. But then again, "[i]t is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety. A wide chasm exists between fair criticism, on the one hand, and abuse and slander of courts and the judges thereof, on the other. Intemperate and unfair criticism is a gross violation of the duty of respect to courts." 23 In this regard, it is precisely provided under Canon 11 of the Code of Professional Responsibility that: CANON 11 A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS. xxx xxx xxx RULE 11.03 A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. RULE 11.04 A lawyer should not attribute to a judge motives not supported by the record or have materiality to the case. xxx xxx xxx

We further note that in filing the "complaint" against the justices of the Court's Second Division, even the most basic tenet of our government system the separation of powers between the judiciary, the executive, and the legislative branches has been lost on Atty. Castellano. We therefore take this occasion to once again remind all and sundry that "the Supreme Court is supreme the third great department of government entrusted exclusively with the judicial power to adjudicate with finality all justiciable disputes, public and private. No other department or agency may pass upon its judgments or declare them 'unjust.'" 24

Consequently, and owing to the foregoing, not even the President of the Philippines as Chief Executive may pass judgment on any of the Court's acts. Finally, Atty. Castellano's assertion that the complaint "was a constructive criticism intended to correct in good faith the erroneous and very strict practices of the Justices, concerned as Respondents (sic)" is but a last minute effort to sanitize his clearly unfounded and irresponsible accusation. The arrogance displayed by counsel in insisting that the Court has no jurisdiction to question his act of having complained before the Office of the President, and in claiming that a contempt order is used as a weapon by judges and justices against practicing lawyers, however, reveals all too plainly that he was not honestly motivated in his criticism. Rather, Atty. Castellano's complaint is a vilification of the honor and integrity of the Justices of the Second Division of the Court and an impeachment of their capacity to render justice according to law. WHEREFORE, Atty. Marceliano L. Castellano is found guilty of CONTEMPT OF COURT and IMPROPER CONDUCT as a member of the Bar and an officer of the Court, and is hereby ordered to PAY within fifteen (15) days from and after the finality of this Resolution a fine of One Thousand (P1,000.00) Pesos, or SUFFER ten (10) days imprisonment in the municipal jail of Calatrava, Negros Occidental in case he fails to pay the fine seasonably, and SUSPENDED from the practice of law throughout the Philippines for six (6) months as soon as this Resolution becomes final, with a WARNING that a repetition of any misconduct on his part will be dealt with more severely. Let notice of this Resolution be entered in Atty. Castellano's record, and be served on the Integrated Bar of the Philippines, the Court of Appeals, and the Executive Judges of the Regional Trial Courts and other Courts of the country, for their information and guidance. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. Re: Almacen, 31 SCRA 562 A lawyer, both as an officer of the court and as a citizen, may criticize in properly respectful terms and through legitimate channels the act of courts and judges. But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety