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Atty. Antonio Doronilla Jr. is accused of unethical conduct for uttering a falsehood in court during a hearing. Specifically, he stated there was an agreement for the complainant to withdraw lawsuits, but later admitted this was untrue. While Doronilla's aim was to settle the case amicably, resorting to falsehoods in court is unacceptable. The court finds Doronilla guilty of professional misconduct and suspends him from practicing law, though for a shorter period than recommended, in light of mitigating factors.
Atty. Antonio Doronilla Jr. is accused of unethical conduct for uttering a falsehood in court during a hearing. Specifically, he stated there was an agreement for the complainant to withdraw lawsuits, but later admitted this was untrue. While Doronilla's aim was to settle the case amicably, resorting to falsehoods in court is unacceptable. The court finds Doronilla guilty of professional misconduct and suspends him from practicing law, though for a shorter period than recommended, in light of mitigating factors.
Atty. Antonio Doronilla Jr. is accused of unethical conduct for uttering a falsehood in court during a hearing. Specifically, he stated there was an agreement for the complainant to withdraw lawsuits, but later admitted this was untrue. While Doronilla's aim was to settle the case amicably, resorting to falsehoods in court is unacceptable. The court finds Doronilla guilty of professional misconduct and suspends him from practicing law, though for a shorter period than recommended, in light of mitigating factors.
Atty. Antonio G. Doronilla, Jr. of the Judge Advocate Generals Service is before us on a charge of unethical conduct for having uttered a falsehood in open court during a hearing of Civil Case No. Q- 99-38778.
Civil Case No. Q-99-38778 was an action for damages filed by complainant Renato M. Maligaya, a doctor and retired colonel of the Armed Forces of the Philippines, against several military officers for whom Atty. Doronilla stood as counsel. At one point during the February 19, 2002 hearing of the case, Atty. Doronilla said:
And another matter, Your Honor. I was appearing in other cases he [complainant Maligaya] filed before against the same defendants. We had an agreement that if we withdraw the case against him, he will
also withdraw all the cases. So, with that understanding, he even retired and he is now receiving pension. (emphasis supplied)
Considering this to be of some consequence, presiding Judge Reynaldo B. Daway asked a number of clarificatory questions and thereafter ordered Atty. Doronilla to put his statements in writing and file the appropriate pleading. Weeks passed but Atty. Doronilla submitted no such pleading or anything else to substantiate his averments.
On April 29, 2002, Maligaya filed a complaint against Atty. Doronilla in the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline. The complaint, which charged Atty. Doronilla with misleading the court through misrepresentation of facts resulting [in] obstruction of justice, was referred to a commissioner for investigation. Complainant swore before the investigating commissioner that he had never entered into any agreement to withdraw his lawsuits. Atty. Doronilla, who took up the larger part of two hearings to present evidence and explain his side, admitted several times that there was, in fact, no such agreement. Later he explained
in his memorandum that his main concern was to settle the case amicably among comrades in arms without going to trial and insisted that there was no proof of his having violated the Code of Professional Responsibility or the lawyers oath. He pointed out, in addition, that his false statement (or, as he put it, his alleged acts of falsity) had no effect on the continuance of the case and therefore caused no actual prejudice to complainant.
In due time, investigating commissioner Lydia A. Navarro submitted a report and recommendation finding Atty. Doronilla guilty of purposely stating a falsehood in violation of Canon 10, Rule 10.01 of the Code of Professional Responsibility and recommending that he be suspended from the government military service as legal officer for a period of three months. This was adopted and approved in toto by the IBP Board of Governors on August 30, 2003.
There is a strong public interest involved in requiring lawyers who, as officers of the court, participate in the dispensation of justice, to behave at all times in a manner consistent with truth and honor. The common caricature that lawyers by and large do not feel compelled to speak the truth and to act honestly should not become a common reality. To this end, Canon 10 and Rule 10.01 of the Code of Professional Responsibility state:
CANON 10 A LAWYER OWES CANDOR, FAIRNESS, AND GOOD FAITH TO THE COURT.
Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice.
By stating untruthfully in open court that complainant had agreed to withdraw his lawsuits, Atty. Doronilla breached these peremptory tenets of ethical conduct. Not only that, he violated the lawyers oath to do no falsehood, nor consent to the doing of any in court, of which Canon 10 and Rule 10.01 are but restatements. His act infringed on every lawyers duty to never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
Atty. Doronillas unethical conduct was compounded, moreover, by his obstinate refusal to acknowledge the impropriety of what he had done. From the very beginning of this administrative case, Atty. Doronilla maintained the untenable position that he had done nothing wrong in the hearing of Civil Case No. Q-99-38778. He persisted in doing so even after having admitted that he had, in that hearing, spoken of an agreement that did not in truth exist. Rather than express remorse for that regrettable incident, Atty. Doronilla resorted to an ill-conceived attempt to evade responsibility, professing that the falsehood had not been meant for the information of Judge Daway but only as a sort of question to complainant regarding a pending proposal to settle the case.
The explanation submitted by Atty. Doronilla, remarkable only for its speciousness, cannot absolve him. If anything, it leads us to suspect an unseemly readiness on his part to obfuscate plain facts for the unworthy purpose of escaping his just deserts. There is in his favor, though, a
presumption of good faith which keeps us from treating the incongruity of his proffered excuse as an indication of mendacity. Besides, in the light of his avowal that his only aim was to settle the case amicably among comrades in arms without going to trial, perhaps it is not unreasonable to assume that what he really meant to say was that he had intended the misrepresentation as a gambit to get the proposed agreement on the table, as it were. But even if that had been so, it would have been no justification for speaking falsely in court. There is nothing in the duty of a lawyer to foster peace among disputants that, in any way, makes it necessary under any circumstances for counsel to state as a fact that which is not true. A lawyers duty to the court to employ only such means as are consistent with truth and honor forbids recourse to such a tactic. Thus, even as we give Atty. Doronilla the benefit of the doubt and accept as true his avowed objective of getting the parties to settle the case amicably, we must call him to account for resorting to falsehood as a means to that end.
Atty. Doronillas offense is within the ambit of Section 27, Rule 138 of the Rules of Court, which in part declares:
A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit x x x or for any violation of the oath which he is required to take before admission to practice x x x.
The suspension referred to in the foregoing provision means only suspension from the practice of law. For this reason, we disagree with the IBPs recommendation for Atty. Doronillas suspension from the government military service. After all, the only purpose of this administrative case is to determine Atty. Doronillas liability as a member of the legal profession, not his liability as a legal officer in the military service. Thus, it would be improper for us to order, as a penalty for his breach of
legal ethics and the lawyers oath, his suspension from employment in the Judge Advocate Generals Service. Of course, suspension from employment as a military legal officer may well follow as a consequence of his suspension from the practice of law but that should not be reason for us to impose it as a penalty for his professional misconduct. We would be going beyond the purpose of this proceeding were we to do so. Therefore, we shall treat the IBPs recommendation as one for suspension from the practice of law.
At any rate, we are not inclined to adopt the IBPs recommendation on the duration of Atty. Doronillas suspension. We need to consider a few circumstances that mitigate his liability somewhat. First, we give him credit for exhibiting enough candor to admit, during the investigation, the falsity of the statement he had made in Judge Daways courtroom. Second, the absence of material damage to complainant may also be considered as a mitigating circumstance. And finally, since this is Atty. Doronillas first offense, he is entitled to some measure of forbearance.
Nonetheless, his unrepentant attitude throughout the conduct of this administrative case tells us that a mere slap on the wrist is definitely not enough. Atty. Doronilla, it seems, needs time away from the practice of law to recognize his error and to purge himself of the misbegotten notion that an effort to compromise justifies the sacrifice of truthfulness in court.
WHEREFORE, Atty. Antonio G. Doronilla, Jr. is hereby SUSPENDED from the practice of law for TWO MONTHS. He is WARNED that a repetition of the same or similar misconduct shall be dealt with more severely.
Let a copy of this Resolution be attached to his personal record and copies furnished the Integrated Bar of the Philippines, the Office of the Court Administrator, the Chief-of-Staff of the Armed Forces of the Philippines and the Commanding General of the AFP Judge Advocate Generals Service.
SO ORDERED.
RENATO C. CORONA Associate Justice
WE CONCUR:
REYNATO S. PUNO Associate Justice Chairperson
ANGELINA SANDOVAL- GUTIERREZ ADOLFO S. AZCUNA Associate Justice Associate Justice
CANCIO C. GARCIA Associate Justice
The case, entitled Renato M. Maligaya v. Octavio S. Dauz, et al., was filed and heard in Branch 90, Regional Trial Court of Quezon City. Rollo, p. 8 (Aside from this damage suit, complainant filed other cases against the military officers. The military, on the other hand, had instituted an administrative case against complainant prior to his retirement. The case was dismissed when he retired from the service in 1999. Id., p. 186). Id., p. 9. Docketed as CBD Case No. 02-955. Rollo, p. 3. Commissioner Lydia A. Navarro. TSN, July 11, 2002, pp. 28, 35, 60, & 78. ATTY. DORONILLA: Actually there is no agreement but there was a proposal to dismiss and to withdraw all the cases. There was no agreement. TSN July 11, 2002, p. 105;
COMM. NAVARRO: An answer. His question was, was there an agreement in the cases pending before Judge Daway and he answered, there was no agreement. ATTY. DORONILLA: There was no agreement. Id., p. 106;
ATTY. DORONILLA: Q: Is it true that in the hearing of July 11, 2002 on page 105 you said actually that there was no agreement but there was proposal to dismiss and to withdraw all the cases? A: There was no agreement. TSN, December 10, 2002, p. 43;
COMM. NAVARRO: Has there been an agreement? ATTY. DORONILLA: There was no agreement as I said in an agreement there must be two parties to have it consummated (sic). Our part is already done Id., p. 52. Rollo, p. 217. Id. Id. p. 218. Infra. Report and Recommendation, p. 6. Per Resolution No. XVI-2003-37. Sabayle v. Tandayag, A.C. No. 140-J, 8 March 1988, 158 SCRA 497, 506. Id. RULES OF COURT, Rule 138, Sec. 20. Q: What made you make a manifestation saying (sic) that there was an agreement? A: That manifestation is a sort of question to the plaintiff. It is not giving information to the court. TSN July 11, 2002, p. 102
Q: What do you mean when you say (sic) there was an agreement? A: It was only a question propounded to the plaintiff on the premise that there was a pending proposal to agree on those withdrawal (sic). To withdraw the case before the separation board and the case before Judge Daway (sic). TSN, July 11, 2002, pp. 106-107. The contention if taken literally was preposterous, for he had quite obviously been addressing Judge Daway when he said there was an agreement, and that assertion could not have been construed as other than a statement of fact. Cuaresma v. Daquis, No. L-35113, 25 March 1975, 63 SCRA 257, 260. Supra note 9. RULES OF COURT, Rule 138, Sec. 20 (d); Pangan v. Ramos, A.C. No. 1053, 7 September 1979, 93 SCRA 87, 89. Cailing v. Espinosa, 103 Phil. 1165 (1958). See e.g., Whitson v. Atienza, A.C. No. 5535, 28 August 2003, 410 SCRA 10; Alcantara v. Atty. Pefianco, 441 Phil. 514 (2002); Fernandez v. Atty. Novero, Jr., 441 Phil. 506 (2002). EN BANC [A.C. No. 5624. January 20, 2004] NATASHA HUEYSUWAN-FLORIDO, complainant, vs. ATTY. JAMES BENEDICT C. FLORIDO, respondent. D E C I S I O N YNARES-SANTIAGO, J.: This is an administrative complaint for the disbarment of respondent Atty. James Benedict C. Florido and his eventual removal from the Roll of Attorneys for allegedly violating his oath as a lawyer by manufacturing, flaunting and using a spurious and bogus Court of Appeals Resolution/Order. In her Complaint-Affidavit, Natasha V. Heysuwan- Florido averred that she is the legitimate spouse of respondent Atty. James Benedict C. Florido, but that they are estranged and living separately from each other. They have two children namely, Kamille Nicole H. Florido, five years old, and James Benedict H. Florido, Jr., three years old both of whom are in complainants custody. Complainant filed a case for the annulment of her marriage with respondent, docketed as Civil Case No. 23122, before the Regional Trial Court of Cebu City, Branch 24. Meanwhile, there is another case related to the complaint for annulment of marriage which is pending before the Court of Appeals and docketed as CA-G.R. SP No. 54235 entitled, James Benedict C. Florido v. Hon. Pampio Abarientos, et al. Sometime in the middle of December 2001, respondent went to complainants residence in Tanjay City, Negros Oriental and demanded that the custody of their two minor children be surrendered to him. He showed complainant a photocopy of an alleged Resolution issued by the Court of Appeals which supposedly granted his motion for temporary child custody. Complainant called up her lawyer but the latter informed her that he had not received any motion for temporary child custody filed by respondent. Complainant asked respondent for the original copy of the alleged resolution of the Court of Appeals, but respondent failed to give it to her. Complainant then examined the resolution closely and noted that it bore two dates: November 12, 2001 and November 29, 2001. Sensing something amiss, she refused to give custody of their children to respondent. In the mid-morning of January 15, 2002, while complainant was with her children in the ABC Learning Center in Tanjay City, respondent, accompanied by armed men, suddenly arrived and demanded that she surrender to him the custody of their children. He threatened to forcefully take them away with the help of his companions, whom he claimed to be agents of the National Bureau of Investigation. Alarmed, complainant immediately sought the assistance of the Tanjay City Police. The responding policemen subsequently escorted her to the police station where the matter could be clarified and settled peacefully. At the police station, respondent caused to be entered in the Police Blotter a statement that he, assisted by agents of the NBI, formally served on complainant the appellate courts resolution/order. In order to diffuse the tension, complainant agreed to allow the children to sleep with respondent for one night on condition that he would not take them away from Tanjay City. This agreement was entered into in the presence of Tanjay City Chief of Police Juanito Condes and NBI Investigator Roger Sususco, among others. In the early morning of January 16, 2002, complainant received information that a van arrived at the hotel where respondent and the children were staying to take them to Bacolod City. Complainant rushed to the hotel and took the children to another room, where they stayed until later in the morning. On the same day, respondent filed with the Regional Trial Court of Dumaguete City, Branch 31, a verified petition for the issuance of a writ of habeas corpus asserting his right to custody of the children on the basis of the alleged Court of Appeals resolution. In the meantime, complainant verified the authenticity of the Resolution and obtained a certification dated January 18, 2002 from the Court of Appeals stating that no such resolution ordering complainant to surrender custody of their children to respondent had been issued. At the hearing of the petition for habeas corpus on January 23, 2002, respondent did not appear. Consequently, the petition was dismissed. Hence, complainant filed the instant complaint alleging that respondent violated his attorneys oath by manufacturing, flaunting and using a spurious Court of Appeals Resolution in and outside a court of law. Furthermore, respondent abused and misused the privileged granted to him by the Supreme Court to practice law in the country. After respondent answered the complaint, the matter was referred to the IBP-Commission on Bar Discipline for investigation, report and recommendation. The IBP-CBD recommended that respondent be suspended from the practice of law for a period of three years with a warning that another offense of this nature will result in his disbarment. On June 23, 2003, the IBP Board of Governors adopted and approved the Report and recommendation of the Commission with the modification that the penalty of suspension be increased to six years. The issue to be resolved is whether or not the respondent can be held administratively liable for his reliance on and attempt to enforce a spurious Resolution of the Court of Appeals. In his answer to the complaint, respondent claims that he acted in good faith in invoking the Court of Appeals Resolution which he honestly believed to be authentic. This, however, is belied by the fact that he used and presented the spurious resolution several times. As pointed out by the Investigating Commissioner, the assailed Resolution was presented by respondent on at least two occasions: first, in his Petition for Issuance of Writ of Habeas Corpus docketed as Special Proc. Case No. 3898, which he filed with the Regional Trial Court of Dumaguete City; and second, when he sought the assistance of the Philippine National Police (PNP) of Tanjay City to recover custody of his minor children from complainant. Since it was respondent who used the spurious Resolution, he is presumed to have participated in its fabrication. Candor and fairness are demanded of every lawyer. The burden cast on the judiciary would be intolerable if it could not take at face value what is asserted by counsel. The time that will have to be devoted just to the task of verification of allegations submitted could easily be imagined. Even with due recognition then that counsel is expected to display the utmost zeal in the defense of a clients cause, it must never be at the expense of the truth. Thus, the Code of professional Responsibility states: CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. Rule 10.01 - A lawyer shall not do any falsehood; nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of an opposing counsel, or the text of a decision or authority, or knowingly cite as a law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Moreover, the records show that respondent used offensive language in his pleadings in describing complainant and her relatives. A lawyers language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession. The lawyers arguments whether written or oral should be gracious to both court and opposing counsel and should be of such words as may be properly addressed by one gentlemen to another. By calling complainant, a sly manipulator of truth as well as a vindictive congenital prevaricator, hardly measures to the sobriety of speech demanded of a lawyer. Respondents actions erode the public perception of the legal profession. They constitute gross misconduct and the sanctions for such malfeasance is prescribed by Section 27, Rule 138 of the Rules of Court which states: SEC. 27. Disbarment and suspension of attorneys by Supreme Court, grounds therefore.- A member of the bar may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice or other gross misconduct in such office, grossly immoral conduct or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before the admission to practice, or for a willful disobedience appearing as attorney for a party without authority to do so. Considering the attendant circumstances, we agree with the recommendation of the IBP Board of Governors that respondent should be suspended from the practice of law. However, we find that the period of six years is too harsh a penalty. Instead, suspension for the lesser period of two years, which we deem commensurate to the offense committed, is hereby imposed on respondent. WHEREFORE, in view of all the foregoing, Atty. James Benedict C. Florido is SUSPENDED from the practice of law for a period of two (2) years. Let copies of this resolution be entered in the personal record of respondent as a member of the Bar and furnished the Bar Confidant, the Integrated Bar of the Philippines (IBP) and the Court Administrator for circulation to all courts of the country. SO ORDERED. Davide, Jr., C.J., Puno, Vitug, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio, Austria- Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna, and Tinga, JJ., concur. Rollo, p. 1. Id., p. 14. Id., p. 9. Id., p. 10. Id., p. 13. IBP Commission on Bar Discipline Report and Recommendation, p. 9. Rollo, p. 10. Muoz v. People, G.R. No. L-33672, 28 September 1973, 53 SCRA 190. Surigao Mineral v. Cloribel, G.R. No. L-27072, 9 January 1970, 31 SCRA 1; In re Almacen, G.R. No. L-27654, 18 February 1970, 31 SCRA 562; Montecillo v. Gica, G.R. No. L-36800, 21 October 1974, 60 SCRA 235; In re Gomez, 43 Phil. 376 [1922]; Sulit v. Tiangco, G.R. No. L-35555, 20 July 1982, 115 SCRA 207; Zaldivar v. Gonzales, G.R. Nos. L-79690-707, 7 October 1988, 166 SCRA 316. National Security Co. v. Jarvis, 278 U.S. 610; People v. Taneo, G.R. No. 117683, 16 January 1998, 284 SCRA 251
Republic of the Philippines Supreme Court Manila
SECOND DIVISION
JUDGE RENE B. BACULI, Complainant,
- versus -
ATTY. MELCHOR A. BATTUNG, Respondent.
A.C. No. 8920
Present:
BRION, J.,* Acting Chairperson, DEL CASTILLO,** PEREZ, MENDOZA,*** and SERENO, JJ.
BRION, J .: Before us is the resolution of the Board of Governors of the Integrated Bar of the Philippines (IBP) finding Atty. Melchor Battung liable for violating Rule 11.03, Canon 11 of the Code of Professional Responsibility and recommending that he be reprimanded. The complainant is Judge Rene B. Baculi, Presiding Judge of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City. The respondent, Atty. Battung, is a member of the Bar with postal address on Aguinaldo St., Tuguegarao City.
Background
Judge Baculi filed a complaint for disbarment with the Commission on Discipline of the IBP against the respondent, alleging that the latter violated Canons 11 and 12 of the Code of Professional Responsibility.
Violation of Canon 11 of the Code of Professional Responsibility
Judge Baculi claimed that on July 24, 2008, during the hearing on the motion for reconsideration of Civil Case No. 2502, the respondent was shouting while arguing his motion. Judge Baculi advised him to tone down his voice but instead, the respondent shouted at the top of his voice. When warned that he would be cited for direct contempt, the respondent shouted, Then cite me! Judge Baculi cited him for direct contempt and imposed a fine of P100.00. The respondent then left.
While other cases were being heard, the respondent re-entered the courtroom and shouted, Judge, I will file gross ignorance against you! I am not afraid of you! Judge Baculi ordered the sheriff to escort the respondent out of the courtroom and cited him for direct contempt of court for the second time.
After his hearings, Judge Baculi went out and saw the respondent at the hall of the courthouse, apparently waiting for him. The respondent again shouted in a threatening tone, Judge, I will file gross ignorance against you! I am not afraid of you! He kept on shouting, I am not afraid of you! and challenged the judge to a fight. Staff and lawyers escorted him out of the building.
Judge Baculi also learned that after the respondent left the courtroom, he continued shouting and punched a table at the Office of the Clerk of Court.
Violation of Canon 12 of the Code of Professional Responsibility
According to Judge Baculi, the respondent filed dilatory pleadings in Civil Case No. 2640, an ejectment case.
Judge Baculi rendered on October 4, 2007 a decision in Civil Case No. 2640, which he modified on December 14, 2007. After the modified decision became final and executory, the branch clerk of court issued a certificate of finality. The respondent filed a motion to quash the previously issued writ of execution, raising as a ground the motion to dismiss filed by the defendant for lack of jurisdiction. Judge Baculi asserted that the respondent knew as a lawyer that ejectment cases are within the jurisdiction of First Level Courts and the latter was merely delaying the speedy and efficient administration of justice.
The respondent filed his Answer, essentially saying that it was Judge Baculi who disrespected him. We quote from his Answer:
23. I only told Judge Rene Baculi I will file Gross ignorance of the Law against him once inside the court room when he was lambasting me[.]
24. It was JUDGE BACULI WHO DISRESPECTED ME. He did not like that I just submit the Motion for Reconsideration without oral argument because he wanted to have an occasion to just HUMILIATE ME and to make appear to the public that I am A NEGLIGENT LAWYER, when he said YOU JUSTIFY YOUR NEGLIGENCE BEFORE THIS COURT making it an impression to the litigants and the public that as if I am a NEGLIGENT, INCOMPETENT, MUMBLING, and IRRESPONSIBLE LAWYER.
25. These words of Judge Rene Baculi made me react[.]
x x x x
28. Since I manifested that I was not going to orally argue the Motion, Judge Rene Baculi could have just made an order that the Motion for Reconsideration is submitted for resolution, but what he did was that he forced me to argue so that he will have the room to humiliate me as he used to do not only to me but almost of the lawyers here (sic). Atty. Battung asked that the case against him be dismissed.
The IBP conducted its investigation of the matter through Commissioner Jose de la Rama, Jr. In his Commissioners Report, Commissioner De la Rama stated that during the mandatory conference on January 16, 2009, both parties merely reiterated what they alleged in their submitted pleadings. Both parties agreed that the original copy of the July 24, 2008 tape of the incident at the courtroom would be submitted for the Commissioners review. Judge Baculi submitted the tape and the transcript of stenographic notes on January 23, 2009.
Commissioner De la Rama narrated his findings, as follows:
At the first part of the hearing as reflected in the TSN, it was observed that the respondent was calm. He politely argued his case but the voice of the complainant appears to be in high pitch. During the mandatory conference, it was also observed that indeed, the complainant maintains a high pitch whenever he speaks. In fact, in the TSN, where there was already an argument, the complainant stated the following:
Court: Do not shout. Atty. Battung: Because the court is shouting. Court: This court has been constantly under this kind of voice Atty. Battung, we are very sorry if you do not want to appear before my court, then you better attend to your cases and do not appear before my court if you do not want to be corrected! (TSN, July 24, 2008, page 3) (NOTE: The underlined words we are very sorry [ were] actually uttered by Atty. Battung while the judge was saying the quoted portion of the TSN)
That it was during the time when the complainant asked the following questions when the undersigned noticed that Atty. Battung shouted at the presiding judge.
Court: Did you proceed under the Revised Rules on Summary Procedure?
* Atty. Battung: It is not our fault Your Honor to proceed because we were asked to present our evidence ex parte. Your Honor, so, if should we were ordered (sic) by the court to follow the rules on summary procedure. (TSN page 3, July 24, 2008)
It was observed that the judge uttered the following:
Court: Do not shout. Atty. Battung: Because the court is shouting. (Page 3, TSN July 24, 2008) Note: * it was at this point when the respondent shouted at the complainant.
Thereafter, it was observed that both were already shouting at each other.
Respondent claims that he was provoked by the presiding judge that is why he shouted back at him. But after hearing the tape, the undersigned in convinced that it was Atty. Battung who shouted first at the complainant.
Presumably, there were other lawyers and litigants present waiting for their cases to be called. They must have observed the incident. In fact, in the joint-affidavit submitted by Elenita Pacquing et al., they stood as one in saying that it was really Atty. Battung who shouted at the judge that is why the latter cautioned him not to shout.
The last part of the incident as contained in page 4 of the TSN reads as follows:
Court: You are now ordered to pay a fine of P100.00.
Atty. Battung: We will file the necessary action against this court for gross ignorance of the law.
Court: Yes, proceed. (NOTE: Atty. Battung went out the courtroom)
Court: Next case.
Interpreter: Civil Case No. 2746. (Note: Atty. Battung entered again the courtroom)
Atty. Battung: But what we do not like (not finished)
Court: The next time
Atty. Battung: We would like to clear
Court: Sheriff, throw out the counsel, put that everything in record. If you want to see me, see me after the court.
Next case. Civil Case No. 2746 for Partition and Damages, Roberto Cabalza vs. Teresita Narag, et al. (nothing follows)
Commissioner De la Rama found that the respondent failed to observe Canon 11 of the Code of Professional Responsibility that requires a lawyer to observe and maintain respect due the courts and judicial officers. The respondent also violated Rule 11.03 of Canon 11 that provides that a lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts. The respondents argument that Judge Baculi provoked him to shout should not be given due consideration since the respondent should not have shouted at the presiding judge; by doing so, he created the impression that disrespect of a judge could be tolerated. What the respondent should have done was to file an action before the Office of the Court Administrator if he believed that Judge Baculi did not act according to the norms of judicial conduct.
With respect to the charge of violation of Canon 12 of the Code of Professional Responsibility, Commissioner De la Rama found that the evidence submitted is insufficient to support a ruling that the respondent had misused the judicial processes to frustrate the ends of justice.
Commissioner De la Rama recommended that the respondent be suspended from the practice of law for six (6) months.
On October 9, 2010, the IBP Board of Governors passed a Resolution adopting and approving the Report and Recommendation of the Investigating Commissioner, with the modification that the respondent be reprimanded.
The Courts Ruling
We agree with the IBPs finding that the respondent violated Rule 11.03, Canon 11 of the Code of Professional Responsibility. Atty. Battung disrespected Judge Baculi by shouting at him inside the courtroom during court proceedings in the presence of litigants and their counsels, and court personnel. The respondent even came back to harass Judge Baculi. This behavior, in front of many witnesses, cannot be allowed. We note that the respondent continued to threaten Judge Baculi and acted in a manner that clearly showed disrespect for his position even after the latter had cited him for contempt. In fact, after initially leaving the court, the respondent returned to the courtroom and disrupted the ongoing proceedings. These actions were not only against the person, the position and the stature of Judge Baculi, but against the court as well whose proceedings were openly and flagrantly disrupted, and brought to disrepute by the respondent.
Litigants and counsels, particularly the latter because of their position and avowed duty to the courts, cannot be allowed to publicly ridicule, demean and disrespect a judge, and the court that he represents. The Code of Professional Responsibility provides:
Canon 11 - A lawyer shall observe and maintain the respect due the courts and to judicial officers and should insist on similar conduct by others.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
We ruled in Roxas v. De Zuzuarregui, Jr. that it is the duty of a lawyer, as an officer of the court, to uphold the dignity and authority of the courts. Respect for the courts guarantees the stability of the judicial institution; without this guarantee, the institution would be resting on very shaky foundations.
A lawyer who insults a judge inside a courtroom completely disregards the latters role, stature and position in our justice system. When the respondent publicly berated and brazenly threatened Judge Baculi that he would file a case for gross ignorance of the law against the latter, the respondent effectively acted in a manner tending to erode the public confidence in Judge Baculis competence and in his ability to decide cases. Incompetence is a matter that, even if true, must be handled with sensitivity in the manner provided under the Rules of Court; an objecting or complaining lawyer cannot act in a manner that puts the courts in a bad light and bring the justice system into disrepute.
The IBP Board of Governors recommended that Atty. Battung be reprimanded, while the Investigating Commissioner recommended a penalty of six (6) months suspension.
We believe that these recommended penalties are too light for the offense.
In Re: Suspension of Atty. Rogelio Z. Bagabuyo, Former Senior State Prosecutor, we suspended Atty. Bagabuyo for one year for violating Rule 11.05, Canon 11, and Rule 13.02, Canon 13 of the Code of Professional Responsibility, and for violating the Lawyers Oath for airing his grievances against a judge in newspapers and radio programs. In this case, Atty. Battungs violations are no less serious as they were committed in the courtroom in the course of judicial proceedings where the respondent was acting as an officer of the court, and before the litigating public. His actions were plainly disrespectful to Judge Baculi and to the court, to the point of being scandalous and offensive to the integrity of the judicial system itself.
WHEREFORE, in view of the foregoing, Atty. Melchor A. Battung is found GUILTY of violating Rule 11.03, Canon 11 of the Code of Professional Responsibility, for which he is SUSPENDED from the practice of law for one (1) year effective upon the finality of this Decision. He is STERNLY WARNED that a repetition of a similar offense shall be dealt with more severely.
Let copies of this Decision be furnished the Office of the Bar Confidant, to be appended to the respondents personal record as an attorney; the Integrated Bar of the Philippines; the Department of Justice; and all courts in the country, for their information and guidance.
SO ORDERED.
ARTURO D. BRION Associate Justice
WE CONCUR:
MARIANO C. DEL CASTILLO Associate Justice
JOSE PORTUGAL PEREZ Associate Justice JOSE CATRAL MENDOZA Associate Justice
Republic of the Philippines Supreme Court Manila
FIRST DIVISION
DENIS B. HABAWEL and ALEXIS F. MEDINA, Petitioners,
- versus -
THE COURT OF TAX APPEALS, FIRST DIVISION, Respondent. G.R. No. 174759
Present:
CORONA, C.J., Chairperson, LEONARDO-DE CASTRO, BERSAMIN, DEL CASTILLO, and VILLARAMA, JR., JJ.
Promulgated:
September 7, 2011 x------------------------------------------------------------- ----------------------------x
D E C I S I O N
BERSAMIN, J .:
Found guilty of direct contempt by the First Division of the Court of Tax Appeals (CTA First Division), and sanctioned with imprisonment for a period of ten days and a fine of P2,000.00, the petitioners have come to the Court for relief through certiorari, claiming that the CTA First Divisions finding and sentence were made in grave abuse of its discretion because the language they used in their motion for reconsideration as the attorneys for a party was contumacious. Specifically, they assail the resolution dated May 16, 2006, whereby the CTA First Division disposed as follows:
WHEREFORE, premises considered, this Court finds Attorneys Denis B. Habawel and Alexis F. Medina of the Ponce Enrile Reyes and Manalastas Law Offices guilty of DIRECT CONTEMPT. Each counsel is
hereby ORDERED TO PAY a fine of Two Thousand Pesos and to SUFFER IMPRISONMENT for a period of ten (10) days.
SO ORDERED.
and the resolution dated July 26, 2006, whereby the CTA First Division denied their motion for reconsideration and reiterated the penalties.
Antecedents
The petitioners were the counsel of Surfield Development Corporation (Surfield), which sought from the Office of the City Treasurer of Mandaluyong City the refund of excess realty taxes paid from 1995 until 2000. After the City Government of Mandaluyong City denied its claim for refund, Surfield initiated a special civil action for mandamus in the Regional Trial Court (RTC) in Mandaluyong City, which was docketed as SCA No. MC03-2142 entitled Surfield Development Corporation v. Hon. City Treasurer of Mandaluyong City, and Hon. City Assessor of Mandaluyong City, and assigned to Branch 214. Surfield later amended its petition to include its claim for refund of the excess taxes paid from 2001 until 2003.
On October 15, 2004, the RTC dismissed the petition on the ground that the period to file the claim had already prescribed and that Surfield had failed to exhaust administrative remedies. The RTC ruled that the grant of a tax refund was not a ministerial duty compellable by writ of mandamus.
Surfield, represented by the petitioners, elevated the dismissal to the CTA via petition for review (CTA AC No. 5 entitled Surfield Development Corporation v. Hon. City Treasurer and Hon. City Assessor, Mandaluyong City). The appeal was assigned to the First Division, composed of Presiding Justice Ernesto D. Acosta, Associate Justice Lovell R. Bautista and Associate Justice Caesar A. Casanova.
In its decision dated January 5, 2006, the CTA First Division denied the petition for lack of jurisdiction and for failure to exhaust the remedies provided under Section 253 and Section 226 of Republic Act No. 7160 (Local Government Code).
Undeterred, the petitioners sought reconsideration in behalf of Surfield, insisting that the CTA had jurisdiction pursuant to Section 7(a)(3) of Republic Act No. 9282; and arguing that the CTA First Division manifested its lack of understanding or respect for the doctrine of stare decisis in not applying the ruling in Ty v. Trampe (G.R. No. 117577, December 1, 1995, 250 SCRA 500), to the effect that there was no need to file an appeal before the Local Board of Assessment Appeals pursuant to Section 22 of Republic Act No. 7160.
On March 15, 2006, the CTA First Division denied Surfields motion for reconsideration. On the issue of jurisdiction, the CTA First Division explained that the jurisdiction conferred by Section 7(a)(3) of Republic Act No. 1125, as amended by Republic Act No. 9282, referred to appeals from the decisions, orders, or resolutions of the RTCs in local tax cases and did not include the real property tax, an ad valorem tax, the refund of excess payment of which Surfield was claiming. Accordingly, the CTA First Division ruled that the jurisdiction of the CTA concerning real property tax cases fell under a different section of Republic Act No. 9282 and under a separate book of Republic Act No. 7160.
In addition, the CTA First Division, taking notice of the language the petitioners employed in the motion for reconsideration, required them to explain within five days from receipt why they should not be liable for indirect contempt or be made subject to disciplinary action, thusly:
IN VIEW OF THE FOREGOING, petitioners Motion for Reconsideration is hereby DENIED for lack of merit. And insofar as the merits of the case are concerned let this Resolution be considered as the final decision on the matter.
However, this Court finds the statements of petitioners counsel that it is gross ignorance of the law for the Honorable Court to have held that it has no jurisdiction over this instant petition; the grossness of this Honorable Courts ignorance of the law is matched only by the unequivocal expression of this Honorable Courts jurisdiction over the instant case and this Court lacked the understanding and respect for the doctrine of stare decisis as derogatory, offensive and disrespectful. Lawyers are charged with the basic duty to observe and maintain the respect due to the courts of justice and judicial officers; they vow solemnly to conduct themselves with all good fidelityto the courts. As a matter of fact, the first canon of legal ethics enjoins them to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its superior importance. Therefore, petitioners counsel is hereby ORDERED to explain within five (5) days from receipt of this Resolution why he should not be held for indirect contempt and/or subject to disciplinary action.
SO ORDERED.
The petitioners submitted a compliance dated March 27, 2006, in which they appeared to apologize but nonetheless justified their language as, among others, necessary to bluntly call the Honorable Courts attention to the grievousness of the error by calling a spade by spade. In its first assailed resolution, the CTA First Division found the petitioners apology wanting in sincerity and humility, observing that they chose words that were so strong, which brings disrepute the Courts honor and integrity for brazenly pointing to the Courts alleged ignorance and grave abuse of discretion, to wit:
In their Compliance, the Court finds no sincerity and humility when counsels Denis B. Habawel and Alexis F. Medina asked for apology. In fact, the counsels brazenly pointed the Courts alleged ignorance and grave abuse of discretion. Their chosen words are so strong, which brings disrepute the Courts honor and integrity. We quote:
a) Admittedly, the language of the Motion for Reconsideration was not endearing. However, the undersigned counsel found it necessary to bluntly call the Honorable Courts attention to the grievousness of the error by calling a spade a spade. The advocacy needed a strong articulation of the gravity of the error of the Honorable Court in avoiding the substantial and transcendental issues by the simple expedient of dismissing the petition for alleged lack of jurisdiction, in violation of Section 14, Article VIII of the Constitution, which requires that the Decision must express clearly and distinctly the facts and the law on which the Decision was based (par. 3 of the Compliance; docket, p. 349);
b) Since the Honorable Court simply quoted Section 7(a)(5) and it totally ignored Section 7(a)(3), to perfunctorily find that (U)ndoubtedly, appeals of the decisions or rulings of the Regional Trial Court concerning real property taxes evidently do not fall within the jurisdiction of the CTA, the undersigned counsel formed a perception that the Honorable Court was totally unaware or ignorant of the new provision, Section 7(a)(3). Hence, the statements that it was gross ignorance of the law for the Honorable Court to have held that it has not [sic] jurisdiction, as well as, the grossness of the Honorable Courts ignorance of the law is matched only by the unequivocal expression of this Honorable Courts jurisdiction over the instant case were an honest and frank articulation of undersigned counsels perception that was influenced by its failure to understand why the Honorable Court totally ignored Section 7(a)(3) in ruling on its lack of jurisdiction (par. 10 of the Compliance; docket, p. 353);
Accordingly, the CTA First Division adjudged both of the petitioners guilty of direct contempt of court for failing to uphold their duty of preserving the integrity and respect due to the courts, sentencing each to suffer imprisonment of ten days and to pay P2,000.00 as fine. Seeking reconsideration, the petitioners submitted that they could not be held guilty of direct contempt because: (a) the phrase gross ignorance of the law was used in its legal sense to describe the error of judgment and was not directed to the character or competence of the decision makers; (b) there was no unfounded accusation or allegation, or scandalous, offensive or menacing, intemperate, abusive, abrasive or threatening, or vile, rude and repulsive statements or words contained in their motion for reconsideration; (c) there was no statement in their motion for reconsideration that brought the authority of the CTA and the administration of the law into disrepute; and (d) they had repeatedly offered their apology in their compliance.
Their submissions did not convince and move the CTA First Division to reconsider, which declared through its second assailed resolution that:
The tone of an irate lawyer would almost always reveal the sarcasm in the phrases used. The scurrilous attacks made in the guise of pointing out errors of judgment almost always result to the destruction of the high esteem and regard towards the Court.
and disposed thusly:
WHEREFORE, petitioners Motion for Reconsideration is hereby DENIED for lack of merit. Each counsel is hereby ORDERED TO PAY a fine of Two Thousand Pesos and to SUFFER IMPRISONMENT for a period of ten (10) days.
SO, ORDERED.
Issues
Arguing that they were merely prompted by their (z)ealous advocacy and an appalling error committed by the CTA First Division to frankly describe such error as gross ignorance of the law, the petitioners now attribute grave abuse of discretion to the CTA First Division in finding that:
I THE PETITIONERS LANGUAGE IN THE SUBJECT MOTION AND COMPLIANCE WAS CONTUMACIOUS;
II THE PETITIONERS WERE NOT SINCERE IN THEIR APOLOGY AND WERE ARROGANT;
III THE EXERCISE OF CONTEMPT POWER WAS WITHIN THE LIMITS SET BY THE SUPREME COURT; AND
IV THE PETITIONERS WERE GUILTY BEYOND REASONABLE DOUBT OF DIRECT CONTEMPT.
The petitioners continue to posit that the phrase gross ignorance of the law was used in its strict legal sense to emphasize the gravity of the error of law committed by the CTA First Division; and that the statements described by the CTA First Division as abrasive, offensive, derogatory, offensive and disrespectful should be viewed within the context of the general tone and language of their motion for reconsideration; that their overall language was tempered, restrained and respectful and should not be construed as a display of contumacious attitude or as a flouting or arrogant belligerence in defiance of the court to be penalized as direct contempt; that the CTA First Division did not appreciate the sincerity of their apology; and that they merely pointed out the error in the decision of the CTA First Division.
For its part, the CTA First Division contends that a reading of the motion for reconsideration and the character of the words used therein by the petitioners indicated that their statements reflected no humility, nor were they expressive of a contrite heart; and that their submissions instead reflected arrogance and sarcasm, that they even took the opportunity to again deride the public respondent on the manner of how it wrote the decision.
The Office of the Solicitor General (OSG) opines that submitting a pleading containing derogatory, offensive and malicious statements to the same court or judge in which the proceedings are pending constitutes direct contempt; and that the CTA First Division did not abuse its discretion in finding the petitioners liable for direct contempt under Section 1, Rule 71 of the Rules of Court.
Ruling
We dismiss the petition for certiorari, and declare that the CTA First Division did not abuse its discretion, least of all gravely, in finding that the petitioners committed direct contempt of court.
Canon 11 of the Code of Professional Responsibility mandates all attorneys to observe and maintain the respect due to the courts and to judicial officers and to insist on similar conduct by others. Rule 11.03 of the Code of Professional Responsibility specifically enjoins all attorneys thus:
Rule 11.03. A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.
It is conceded that an attorney or any other person may be critical of the courts and their judges provided the criticism is made in respectful terms and through legitimate channels. In that regard, we have long adhered to the sentiment aptly given expression to in the leading case of In re: Almacen:
xxx every citizen has the right to comment upon and criticize the actuations of public officers. This right is not diminished by the fact that the criticism is aimed at a judicial authority, or that it is articulated by a lawyer. Such right is especially recognized where the criticism concerns a concluded litigation, because then the courts actuation are thrown open to public consumption. xxx Courts and judges are not sacrosanct. They should and expect critical evaluation of their performance. For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizens whom it is expected to serve.
Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to criticize in properly respectful terms and through legitimate channels the acts of courts and judges.xxx xxx Hence, as a citizen and as officer of the court, a lawyer is expected not only to exercise the right, but also to consider it his duty to avail of such right. No law may abridge this right. Nor is he professionally answerable for a scrutiny into the official conduct of the judges, which would not expose him to legal animadversion as a citizen. xxx xxx 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. 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. It is such a misconduct that subjects a lawyer to disciplinary action. (emphasis supplied)
The test for criticizing a judges decision is, therefore, whether or not the criticism is bona fide or done in good faith, and does not spill over the walls of decency and propriety.
Here, the petitioners motion for reconsideration contained the following statements, to wit: (a) [i]t is gross ignorance of the law for the Honorable Court to have held that it has no jurisdiction over the instant petition; (b) [t]he grossness of the Honorable Courts ignorance of the law is matched only by the unequivocal expression of this Honorable Courts jurisdiction; and (c) the Honorable Courts lack of understanding or respect for the doctrine of stare decisis.
The CTA First Division held the statements to constitute direct contempt of court meriting prompt penalty.
We agree.
By such statements, the petitioners clearly and definitely overstepped the bounds of propriety as attorneys, and disregarded their sworn duty to respect the courts. An imputation in a pleading of gross ignorance against a court or its judge, especially in the absence of any evidence, is a serious allegation, and constitutes direct contempt of court. It is settled that derogatory, offensive or malicious statements contained in pleadings or written submissions presented to the same court or judge in which the proceedings are pending are treated as direct contempt because they are equivalent to a misbehavior committed in the presence of or so near a court or judge as to interrupt the administration of justice. This is true, even if the derogatory, offensive or malicious statements are not read in open court. Indeed, in Dantes v. Judge Ramon S. Caguioa, where the petitioners motion for clarification stated that the respondent judges decision constituted gross negligence and ignorance of the rules, and was pure chicanery and sophistry, the Court held that a pleading containing derogatory, offensive or malicious statements when submitted before a court or judge in which the proceedings are pending is direct contempt because it is equivalent to a misbehavior committed in the presence of or so near a court or judge as to interrupt the administration of justice.
In his dissent, Justice Del Castillo, although conceding that the petitioners statements were strong, tactless and hurtful, regards the statements not contemptuous, or not necessarily assuming the level of contempt for being explanations of their position in a case under consideration and because an unfavorable decision usually incites bitter feelings.
Such contempt of court cannot be condoned or be simply ignored and set aside, however, for the characterization that the statements were strong, tactless and hurtful, although obviously correct, provides no ground to be lenient towards the petitioners, even assuming that such strong, tactless and hurtful statements were used to explain their clients position in the case. The statements manifested a disrespect towards the CTA and the members of its First Division approaching disdain. Nor was the offensiveness of their strong, tactless and hurtful language minimized on the basis that snide remarks or sarcastic innuendos made by counsels are not considered contemptuous considering that unfavorable decision usually incite bitter feelings. By branding the CTA and the members of its First Division as totally unaware or ignorant of Section 7(a)(3) of Republic Act No. 9282, and making the other equally harsh statements, the petitioners plainly assailed the legal learning of the members of the CTA First Division. To hold such language as reflective of a very deliberate move on the part of the petitioners to denigrate the CTA and the members of its First Division is not altogether unwarranted.
The petitioners disdain towards the members of the CTA First Division for ruling against their side found firm confirmation in their compliance, in which they unrepentantly emphasized such disdain in the following telling words:
3. Admittedly, the language of the Motion for Reconsideration was not endearing. However, the undersigned counsel found it necessary to bluntly call the Honorable Courts attention to the grievousness of the error by calling a spade a spade. The advocacy needed a strong articulation of the gravity of the error of the Honorable Court in avoiding the substantial and transcendental issues by the simple expedient of dismissing the petition for alleged lack of jurisdiction, in violation of Section 14, Article VIII of the Constitution, which requires that the Decision must express clearly and distinctly the facts and the law on which the Decision was based. xxx 10. Since the Honorable Court simply quoted Section 7(a)(5), and it totally ignored Section 7(a)(3), to perfunctorily find that (U)ndoubtedly, appeals of the decisions or rulings of the Regional Trial Court concerning real property taxes evidently do not fall within the jurisdiction of the CTA, the undersigned counsel formed a perception that the Honorable Court was totally unaware or ignorant of the new provision, Section 7(a)(3). Hence the statements that it was gross ignorance of the law for the Honorable Court to have held that it has no jurisdiction, as well as, the grossness of the Honorable Courts ignorance of the law is matched only by the unequivocal expression of this Honorable Courts jurisdiction over the instant case were an honest and frank articulation of undersigned counsels perception that was influenced by its failure to understand why the Honorable Court totally ignored Section 7(a)(3) in ruling on its lack of jurisdiction. (emphasis supplied)
We might have been more understanding of the milieu in which the petitioners made the statements had they convinced us that the CTA First Division truly erred in holding itself bereft of jurisdiction over the appeal of their client. But our review of the text of the legal provisions involved reveals that the error was committed by them, not by the CTA First Division. This result became immediately evident from a reading of Section 7(a)(3) and Section 7(a)(5) of Republic Act No. 9282, the former being the anchor for their claim that the CTA really had jurisdiction, to wit:
Section 7. Jurisdiction. The CTA shall exercise:
(a) Exclusive appellate jurisdiction to review by appeal, as herein provided: xxx (3) Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction; (emphasis supplied) xxx (5) Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; (emphasis supplied) xxx
As can be read and seen, Section 7(a)(3) covers only appeals of the (d)ecisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction. The provision is clearly limited to local tax disputes decided by the Regional Trial Courts. In contrast, Section 7(a)(5) grants the CTA cognizance of appeals of the (d)ecisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals. In its resolution of March 15, 2006, therefore, the CTA First Division forthrightly explained why, contrary to the petitioners urging, Section 7(a)(3) was not applicable by clarifying that a real property tax, being an ad valorem tax, could not be treated as a local tax.
It would have been ethically better for the petitioners to have then retreated and simply admitted their blatant error upon being so informed by the CTA First Division about the untenability of their legal position on the matter, but they still persisted by going on in their compliance dated March 27, 2006 to also blame the CTA First Division for their perception about the CTA First Divisions being totally oblivious of Section 7(a)(3) due to the terseness of the Decision dated 05 January 2006, viz:
12. Undersigned counsel regrets having bluntly argued that this Honorable Court was grossly ignorant of Section 7(a)(3) because from the terseness of the Decision dated 05 January 2006, the undersigned counsel perceived the Honorable Court as being totally oblivious of Section 7(a)(3). Had the reasons discussed in the Resolution dated 15 March 2006 been articulated in the 05 January 2006 decision, there would have been no basis for undersigned counsels to have formed the above-mentioned perception. (emphasis supplied)
The foregoing circumstances do not give cause for the Court to excuse the petitioners contemptuous and offensive language. No attorney, no matter his great fame or high prestige, should ever brand a court or judge as grossly ignorant of the law, especially if there was no sincere or legitimate reason for doing so. Every attorney must use only fair and temperate language in arguing a worthy position on the law, and must eschew harsh and intemperate language that has no place in the educated ranks of the Legal Profession. Truly, the Bar should strive to win arguments through civility and fairness, not by heated and acrimonious tone, as the Court aptly instructed in Slade Perkins v. Perkins, to wit:
The court notices with considerable regret the heated and acrimonious tone of the remarks of the counsel for appellant, in his brief, in speaking of the action of the trial judge. We desire to express our opinion that excessive language weakens rather than strengthens the persuasive force of legal reasoning. We have noticed a growing tendency to use language that experience has shown not to be conducive to the orderly and proper administration of justice. We therefore bespeak the attorneys of this court to desist from such practices, and to treat their opposing attorneys, and the judges who have decided their cases in the lower court adversely to their contentions with that courtesy all have a right to expect. (emphasis supplied)
We do not hesitate to punish the petitioners for the direct contempt of court. They threw out self- restraint and courtesy, traits that in the most trying occasions equate to rare virtues that all members of the Legal Profession should possess and cherish. They shunted aside the nobility of their profession. They wittingly banished the ideal that even the highest degree of zealousness in defending the causes of clients did not permit them to cross the line between liberty and license. Indeed, the Court has not lacked in frequently reminding the Bar that language, though forceful, must still be dignified; and though emphatic, must remain respectful as befitting advocates and in keeping with the dignity of the Legal Profession. It is always worthwhile to bear in mind, too, that the language vehicle did not run short of expressions that were emphatic, yet respectful; convincing, yet not derogatory; and illuminating, yet not offensive. No attorney worthy of the title should forget that his first and foremost status as an officer of the Court calls upon him to be respectful and restrained in his dealings with a court or its judge. Clearly, the petitioners criticism of the CTA First Division was not bona fide or done in good faith, and spilled over the walls of propriety.
The power to punish contempt of court is exercised on the preservative and not on the vindictive principle, and only occasionally should a court invoke its inherent power to punish contempt of court in order to retain that respect without which the administration of justice must falter or fail. We reiterate that the sanction the CTA First Division has visited upon the petitioners was preservative, for the sanction maintained and promoted the proper respect that attorneys and their clients should bear towards the courts of justice.
Inasmuch as the circumstances indicate that the petitioners tone of apology was probably feigned, for they did not relent but continued to justify their contemptuous language, they do not merit any leniency. Nonetheless, the penalty of imprisonment for ten days and a fine of P2,000.00 is excessive punishment of the direct contempt of court for using contemptuous and offensive language and verges on the vindictive. The Court foregoes the imprisonment.
The Courts treatment of contemptuous and offensive language used by counsel in pleadings and other written submissions to the courts of law, including this Court, has not been uniform. The treatment has dealt with contemptuous and offensive language either as contempt of court or administrative or ethical misconduct, or as both. The sanction has ranged from a warning (to be more circumspect), a reprimand with stern warning against a repetition of the misconduct, a fine of P2,000.00, a fine of P5,000.00, and even indefinite suspension from the practice of law.
The sanction has usually been set depending on whether the offensive language is viewed as contempt of court or as ethical misconduct. In Re: Letter Dated 21 February 2005 of Atty. Noel S. Sorreda, the errant lawyer who made baseless accusations of manipulation in his letters and compliance to this Court was indefinitely suspended from the practice of law. Although he was further declared guilty of contempt of court, the Court prescribed no separate penalty on him, notwithstanding that he evinced no remorse and did not apologize for his actions that resulted from cases that were decided against his clients for valid reasons. In Re: Conviction of Judge Adoracion G. Angeles, the complaining State Prosecutor, despite his strong statements to support his position not being considered as direct contempt of court, was warned to be more circumspect in language. In contrast, Judge Angeles was reprimanded and handed a stern warning for the disrespectful language she used in her pleadings filed in this Court, which declared such language to be below the standard expected of a judicial officer. In Nuez v. Atty. Arturo B. Astorga, Atty. Astorga was meted a P2,000.00 fine for conduct unbecoming of a lawyer for hurling insulting language against the opposing counsel. Obviously, the language was dealt with administratively, not as contempt of court. In Ng v. Atty. Benjamin C. Alar, the Court prescribed a higher fine of P5,000.00 coupled with a stern warning against Atty. Alar who, in his motion for reconsideration and to inhibit, cast insults and diatribes against the NLRC First Division and its members. Yet again, the fine was a disciplinary sanction.
Despite having earlier directed the petitioners through its resolution of March 15, 2006 that they should explain within five (5) days from receipt of this Resolution why (they) should not be held for indirect contempt and/or subject to disciplinary action, the CTA First Division was content with punishing them for direct contempt under Section 1, Rule 71 of the Rules of Court, and did not anymore pursue the disciplinary aspect. The Court concurs with the offended courts treatment of the offensive language as direct contempt. Thus, we impose on each of them a fine of P2,000.00, the maximum imposable fine under Section 1 of Rule 71, taking into consideration the fact that the CTA is a superior court of the same level as the Court of Appeals, the second highest court of the land. The penalty of imprisonment, as earlier clarified, is deleted. Yet, they are warned against using offensive or intemperate language towards a court or its judge in the future, for they may not be as lightly treated as they now are.
ACCORDINGLY, we DISMISS the petition for certiorari; UPHOLD the resolutions dated May 16, 2006 and July 26, 2006; and MODIFY the penalty imposed on Attorney Denis B. Habawel and Attorney Alexis F. Medina by deleting the penalty of imprisonment and sentencing them only to pay the fine of P2,000.00 each.
SO ORDERED. LUCAS P. BERSAMIN Associate Justice
WE CONCUR: RENATO C. CORONA Chief Justice
SECOND DIVISION [A.M. No. CA-04-40. August 13, 2004] ATTY. REX J.M.A. FERNANDEZ, complainant, vs. COURT OF APPEALS ASSOCIATE JUSTICES EUBOLO G. VERZOLA, MARTIN S. VILLARAMA, Jr., and MARIO L. GUARIA III, respondents. R E S O L U T I O N CALLEJO, SR., J.: Before the Court is a Petition for Review on Certiorari with Administrative Complaint for grave abuse of discretion, grave misconduct, grave oppression and gross ignorance of the law filed by Atty. Rex J.M.A. Fernandez against Court of Appeals Associate Justices Eubolo G. Verzola, Martin S. Villarama, Jr. and Mario L. Guaria III, docketed as G.R. No. 160174. The main case seeks to annul the Decision of the Court of Appeals dated June 19, 2003, and the Resolution denying the motion for reconsideration dated September 26, 2003. The CA decision declares petitioner Fr. Francisco Silva, National Electrification Administration (NEA) Administrator, to have issued illegal orders dismissing therein respondent Atty. Leovigildo T. Mationg, former general manager of Aklan Electric Cooperative, Inc. (AKELCO), and orders such petitioner to reinstate him. The allegations of Atty. Fernandez against the respondent Justices are summarized by the Office of the Court Administrator as follows: 1. That he filed the instant petition before the Honorable Supreme Court seeking its power to reverse the decision of the Court of Appeals and to declare that said decision is a fruit of corruption; 2. That the CA decision is patently and obviously a fruit of corruption without even considering the backdrop of the whole case but by mere perusal of the decision; 3. That the justices who penned and concurred with the decision relied on the premise that there being no direct evidence of corruption, the Supreme Court would merely declare it, at most, an error of judgment; 4. That, although in this case, particular and specific acts of graft and corruption are not visible and patent, telltale (sic) signs and collateral circumstances of acts of graft and corruption must be declared to be sufficient evidence against such acts; 5. That complainant stands by his analysis of corruption that the decision in itself is evidence of corruption per doctrine res ipsa loquitur; 6. That the acts of the justices of not allowing some persons due process and in grossly and gravely ignoring basic legal rights and procedures, gave undue advantage to respondent Mationg; 7. That giving undue advantage to respondent Mationg caused damage, injuries and prejudice to petitioner, the NEA Board of Administrators, the Board of Directors of AKELCO, the individual members of the general assembly, and even to the President, in violation of Section 3 (e) of Rep. Act No. 3019 and Rep. Act No. 6713. The complainant prayed that the Court remove the respondent Associate Justices as Justices of the Court of Appeals and that the penalty of disbarment from the practice of law be imposed on them. In a Resolution dated January 14, 2004, the Court resolved to docket the case as an informal preliminary inquiry and to refer the same to the Office of the Court Administrator (OCA) for appropriate action. The respondent Justices submitted their respective comments on the complaint and denied the charges. Justice Villarama, Jr. averred that, to merit disciplinary sanction, the error or mistake of a judge must be gross and patent, malicious, deliberate or in bad faith, and pointed out that the complainant failed to present any concrete evidence to substantiate his false, malicious and unfair statements. Justice Guaria claimed that the complaint is premature and lacks any cause of action, and is sub judice, involving as it does the question of whether the CA decision is correct or not, an issue which the Court will later decide on. Justice Verzola, on the other hand, argued that the inclusion of an administrative complaint for alleged acts attendant to the rendition of a decision subject of a petition for review on certiorari, does not conform to A.M. No. 01-8-10-SC which took effect on September 11, 2001. The OCA, thereafter, recommended the dismissal of the instant administrative complaint and that the same be stricken off from the petition in G.R. No. 160174. We agree. As a matter of policy, the acts of a judge in his judicial capacity are not subject to disciplinary action. He cannot be subjected to liability civil, criminal or administrative, for any of his official acts, no matter how erroneous, as long as he acts in good faith. To hold otherwise would be to render judicial office untenable, for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible in his judgment. Indeed, the filing of an administrative complaint against a judge is not an appropriate remedy where judicial recourse is still available. In the absence of fraud, malice or dishonesty in rendering the assailed decision or order as in the case at bar, the remedy of the aggrieved party is to elevate the assailed decision or order to the higher court for review and correction. As such, an administrative complaint against a judge cannot be pursued simultaneously with the judicial remedies accorded to parties aggrieved by his erroneous order or judgment. More importantly, in administrative proceedings, the complainant has the burden of proving by substantial evidence the allegations in his complaint. In the absence of evidence to the contrary, the presumption that the respondent has regularly performed his duties will prevail. Even in administrative cases, if a respondent judge should be disciplined for a grave offense, the evidence against him should be competent and derived from direct knowledge. Charges based on mere suspicion and speculation cannot be given credence. Hence, when the complainant fails to substantiate a claim of corruption and bribery, relying merely on conjectures and suppositions, the administrative complaint must be dismissed for lack of merit. As stated by the OCA in its Report and Recommendation: Complainant admitted that he has no direct evidence of corruption committed by respondent justices. He stated that in this case, particular and specific acts of corruption are not visible and patent. His reasoning that the decision itself is evidence of corruption per doctrine of res ipsa loquitur is untenable. Rendering an erroneous or baseless judgment, in itself, is not sufficient to justify the judges dismissal from the service, there must be proof that such judgment was rendered with malice, corrupt practice, improper consideration or bad faith. Thus, although the decision may seem so erroneous as to raise doubt concerning a judges integrity, absent extrinsic evidence, the decision itself would be insufficient to establish a case against the judge, and where the charge includes an alleged violation of Section 3(e) of RA 3019, as in the instant case, the quantum of proof required to hold respondent judge guilty for such violation is proof beyond reasonable doubt. The complainant would do well to remember that as a member of the bar, he is bound by the Code of Professional Responsibility. Canon 11 thereof enjoins lawyers to observe and maintain the respect due to courts and to judicial officers and should insist on similar conduct by others. Thus, it has been held that though a lawyers language may be forceful and emphatic, it should always be dignified and respectful, befitting the dignity of the legal profession. The use of intemperate language and unkind ascriptions have no place in the dignity of judicial forum. Civility among members of the legal profession is a treasured tradition that must at no time be lost to it. Rule 11.04 of the Code goes further as to oblige lawyers to refrain from attributing to a Judge motives not supported by the record or have no materiality to the case. In fact, as pointed out by Justice Verzola, an administrative complaint against judges and Justices of the Court of Appeals, if instituted by any person, must be verified and duly supported by affidavits of persons who have personal knowledge of the facts alleged therein, or by documents substantiating such allegations. Hence, the inclusion of such complaint in a petition for review on certiorari before the Court, without even alleging the specific acts and omissions violated by the respondents, is highly irregular and improper. The Court has recognized the proliferation of unfounded or malicious administrative or criminal cases against members of the judiciary for purposes of harassment. Thus, we issued A.M. No. 03-10- 01-SC which took effect on November 3, 2003, where the complainant found to have instituted such clearly malicious and unfounded administrative complaint may be required to show cause why he should not be held in contempt of court. It must be stressed that the Court will not shirk from its responsibility of imposing discipline upon its employees, judges and Associate Justices alike; but neither will it hesitate to shield them from unfounded suits that serve to disrupt rather than promote the orderly administration of justice. WHEREFORE, the administrative complaint against Court of Appeals Associate Justices Eubolo G. Verzola, Martin S. Villarama, Jr. and Mario L. Guaria III is DISMISSED for utter lack of merit. SO ORDERED. Puno, (Chairman), Austria-Martinez, Tinga, and Chico-Nazario, JJ., concur. See Report and Recommendation, p. 3. Petition, p. 9. Id. at 10. Id. In page 10 of the Petition, the complainant stated: [The Court] deliberately refused to acknowledge even its existence. It seems that the said justices believed that by not acknowledging the same, it does not exist. A kind of adulteration of Descartes aphorism, Cogito ergo sum. The said justices seem to say: I will not think about it, therefore it does not exist. If this is not evidence of judicial corruption, there are no quasars and black holes. Id. Id. at 96. Id. at 41, 53, 61, 66, 71, 75, 78, 81, 85, 91. Id. at 99. Comment dated March 15, 2004, p. 2. Id. at 6. Comment dated April 2, 2004, p. 1. Comment dated March 24, 2004, p. 2. Castaos v. Escao, 251 SCRA 174 (1995). Sacmar v. Reyes-Carpio, 400 SCRA 32 (2003). Julie C. Pitney v. Judge Zeus C. Abrogar, A.M. No. RTJ-03-1748, November 11, 2003. Supra, at note 15. Urgent Appeal/Petition for Immediate Suspension & Dismissal of Judge Emilio B. Legaspi, Regional Trial Court, Iloilo City, Branch 22, 405 SCRA 514 (2003). See Leonides T. Cortes v. Sandiganbayan Justices Minita V. Chico-Nazario, Ma. Cristina G. Cortez- Estrada and Rodolfo G. Palattao, A.M. No. SB-04- 11-J, February 13, 2004. Report and Recommendation, p. 4 (Citations omitted). De la Rosa v. Sabio, Jr., 407 SCRA 213 (2003), per J. Ynares-Santiago. Ibid., citing Castillo v. Atty. Padilla, Jr., 127 SCRA 743 (1984). Section 1, Rule 140 of the Rules of Court Re: Discipline of Justices and Judges of Regular and Special Courts and Justices of the Court of Appeals and the Sandiganbayan reads in full: Section 1. Proceedings for the discipline of Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon verified complaint, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct (As amended by SC A.M. No. 01-8-10, Sept. 11, 2001). Entitled Resolution Prescribing Measures To Protect Members Of The Judiciary From Baseless And Unfounded Administrative Complaints. The Resolution reads in part: 1. If upon an informal preliminary inquiry by the Office of the Court Administrator, an administrative complaint against any Justice of the Court of Appeals or Sandiganbayan or any Judge of the lower courts filed in connection with a case in court is shown to be clearly unfounded and baseless and intended to harass the respondent, such a finding should be included in the report and recommendation of the Office of the Court Administrator. If the recommendation is approved or affirmed by the Court, the complainant may be required to show cause why he should not be held in contempt of court. If the complainant is a lawyer, he may further be required to show cause why he or she should not be administratively sanctioned as a member of the Bar and as an officer of the court. 2. If the complaint is (a) filed within six months before the compulsory retirement of a Justice or Judge; (b) for an alleged cause of action that occurred at least a year before such filing and (c) shown prima facie that it is intended to harass the respondent, it must forthwith be recommended for dismissal. If such is not the case, the Office of the Court Administrator must require the respondent to file a comment within ten (10) days from receipt of the complaint, and submit to the Court a report and recommendation not later than 30 days from receipt of the comment. The Court shall act on the recommendation before the date of compulsory retirement of the respondent, or if it is not possible to do so, within six (6) months from such date without prejudice to the release of the retirement benefits less such amount as the Court may order to be withheld, taking into account the gravity of the cause of action alleged in the complaint. Julie C. Pitney v. Judge Zeus C. Abrogar, supra. Republic of the Philippines SUPREME COURT Manila EN BANC
A.C. No. 134-J January 21, 1974 IN RE: THE HON. RAFAEL C. CLIMACO, JUDGE OF THE COURT OF FIRST INSTANCE OF NEGROS OCCIDENTAL, BRANCH I, SILAY CITY. R E S O L U T I O N
ANTONIO, J .:1wph1.t In a verified complaint filed on October 15, 1968 by Acting City Fiscal Norberto L. Zulueta, of Cadiz, Negros Occidental, and Eva Mabug-at, widow of the deceased Norberto Tongoy, respondent is charged with gross malfeasance in office, gross ignorance of the law, and for knowingly rendering an unjust judgment. The aforecited charges stemmed from the order of respondent dated September 5, 1968 and his decision acquitting accused Carlos Caramonte promulgated on September 21, 1968, in Criminal Case No. 690, entitled "People the Philippines versus Isabelo Montemayor, et al.," for Robbery in Band with Homicide. In the Resolution of this Court dated October 22, 1968, the complaint was given due course, and respondent was required to file, an answer to the complaint within ten (10) days from notice thereof, and after the filing of respondent's answer, the case was referred on December 17, 1968 to the Hon. Nicasio Yatco, Associate Justice of the Court of Appeals, for investigation and report. On April 11, 1968, after conducting the requisite investigation thereon, the investigator submitted his Report recommending the exoneration of respondent. It appears from the record that Acting City Fiscal Norberto L. Zulueta, of Cadiz, Negros Occidental, filed a charge for Robbery in Band with Homicide against thirteen (13) persons as principals, seven (7) persons as accomplices, and two (2) persons as accessories, with the Court of First Instance of Negros Occidental, in Criminal Case No. 690.<re||an1w> The case was assigned to Branch I, Silay City, presided over by the respondent. Out of the 13 persons charged as principals for the crime, only Carlos Caramonte was arrested and tried (the six other alleged principals, including Isabelo Montemayor, remained at large), while of the persons charged as accomplices and accessories, the case with respect to them was dismissed at the instance of the prosecution or with its conformity, in the following manner: (a) Before arraignment: Jorge Canonoyo (b) After arraignment: Agustin Caete Rosendo Caete Arsenio Luyao Elias Giducos Pedro Layon Antonio Placencia (c) Accused Luciano Salinas was discharged from the information and utilized as state witness; and (d) Accused Honorato de Sales, Paulino Quijano, Cristeta Jimenez, Constancio Pangahin, Julio Elmo, Primitivo Mata, and Rene Fernandez before the Amended Information of April 26, 1968, were dropped. After the case was submitted for decision, respondent issued an order, dated September 5, 1968, which reads as follows: The parties are notified that the Court intends to take judicial notice that the Mateo Chua-Antonio Uy Compound Cadiz City is the hub of a large fishing industry operating in the Visayas; that the said compound is only about 500 meters away from the Police Station and the City Hall in Cadiz; that the neighborhood is well-lighted and well-populated. SO ORDERED. Thereafter, or more particularly, on September 21, 1968, respondent promulgated his decision in the case acquitting Carlos Caramonte. Subsequently, Acting City Fiscal Zulueta appealed aforementioned decision to this Court; and when required to comment on said appeal, Solicitor General Antonio P. Barredo, now an Associate Justice of this Court, submitted his comment on November 28, 1968 to the effect that prosecution cannot appeal from the judgment of acquittal in view of the constitutional protection against double jeopardy, and made the observation that "While the validity of the ocular inspection conducted by the lower court is open to doubt, the unvarnished fact remains that the judgment of acquittal was not premised solely on the results of said ocular inspection, as erroneously contended by prosecutor. A cursory perusal of the decision will at once show that said acquittal was predicated on other well- considered facts and circumstances so thoroughly discussed by the lower court in its decision and the least of those was its observation arising from the ocular inspection. On January 30, 1969, this Court, through Justice Fernando, promulgated its Resolution dismissing the appeal (G.R. No. L-29599). In the meantime, on October 15, 1968, the aforementioned complaint against respondent was instituted as aforestated.. In his Report, the investigator stated: Under the first indictment, complainants bewail as gross malfeasance in office and gross ignorance of the law, the following behaviour of the respondent Judge in the case: I. GROSS MALFEASANCE IN OFFICE and GROSS IGNORANCE OF THE LAW After both parties submitted their respective Memorandum attached herewith as Annexes "C" and "D", Criminal Case No. 690 for "Robbery in Band with Homicide" was closed and submitted for Decision on July 1, 1968. About one and a half (1-) months thereafter, or at about 3:00 o'clock in the afternoon of Sunday, 11 August 1968, respondent judge made a secret ocular inspection of the poblacion of the City of Cadiz. Without anybody to guide him, he visited the places which he thought erroneously were the scene of the robbery where the Chief of Police was killed by the Montemayor gang at about 11:00 o'clock of the dark night of December 31, 1967. It should be noted that Cadiz City is 65 kms. away from Bacolod City, the capital of the province. Because of that undeniably biased ocular inspection, the honorable trial judge, who is reputed to be brilliant, issued a reckless, extremely senseless and stupid order dated 5 September 1968, to wit: The parties are notified that the Court intends to take judicial notice that the Mateo Chua-Antonio Uy Compound in Cadiz City is the hub of a large fishing industry during industry operating in the Visayas; that the said compound is only about 500 meters away from the Police Station and the City Hall in Cadiz; and that the neighborhood is well-lighted and well-populated. SO ORDERED. which Order, as any student of law would tell you, is null and void, and illegal per se. Why respondent Honorable Judge went out of his way to gather those immaterial and "fabricated" evidence in favor of the accused is shocking to the conscience. To say the least, it is gross ignorance of the law. Why did respondent judge show his hand unnecessarily and prematurely? Perhaps, a psychologist or a psychiatrist would explain that the Order of September 5th is that of an anguished mind; an Order issued by a Judge who for the first time had to violate his oath of office; by a judge who, due to political pressure and against his will and better judgment, had to acquit councilor Carlos Caramonte of the municipality of Bantayan, province of Cebu. Like an amateur murderer respondent judge left telltale clues all around. A murderer, however, may have a strong motive. But what of a judge who knowingly commits a "revolting injustice" or through gross ignorance of the law? It could be gleaned from a careful perusal of the complaint that complainants bemoaned the fact that the respondent Judge conducted a "secret ocular inspection" of the poblacion of the City of Cadiz at about 3:00 o'clock in the afternoon Sunday, August 11, 1968, without anybody to guide him, less in the presence of the prosecution and concluded that such alleged secret ocular inspection was the basis of the Order of September 5, 1968. A painstaking scrutiny of the records as well as the evidence presented by the parties does not show any concrete proof that respondent Judge did conduct a "secret ocular inspection" of the poblacion of the City of Cadiz as seriously charge by the complainants. In fact, the lone witness presented by the complainants in this case did not even make an insinuation supporting such serious allegation of said complainants. The fact is, from the order of September 5, 1968, the respondent Judge took judicial notice "that the Mateo Chua-Antonio Uy Compound in Cadiz City is the hub of a large fishing industry operating in the Visayas; that the said compound is only about 500 meters away from the Police Station and the City Hall in Cadiz; and that the neighborhood is well-lighted and well-populated. Nowhere therefrom could it be deduced that respondent Judge took judicial notice of these facts by virtue of an ocular inspection he conducted on the date alleged by the complainants. In any event, there is likewise nothing in the record to support the charge of the complainants that the order of September 5, 1968, was made by the respondent Judge as the sole basis for the acquittal of Carlos Caramonte. In fact, the decision of the respondent Judge shows that in rendering judgment of acquittal in the case before him, said respondent entertained serious doubts as to the guilt of Caramonte because of the failure of anyone in the Chua and in the Uy households, the security guards, the policemen who engaged the robbers in battle to identify Caramonte as one of the participants in the alleged crime. Thus, the decision pertinently reads: I s Caramonte guilty? In spite of the admission of Caramonte's Exh. C and the damaging inferences derived from his staying from the ceremony when the newly- elected officials of Bantayan were inducted into office, there is doubt in the mind of the Court as to his actual participation in then bold raid in Cadiz City on December 31, 1967, because of the failure of anyone the adults and the children in the Chua and in the Uy households, the security guards, the policemen who engaged the robbers in battle to say on the stand that Caramonte was indeed one of the robbers. The Uy spouses and Mateo Chua all took the stand. They and the other members of the household were tied up by the robbers, who then ransacked the two houses for about an hour. Thereafter, some of them were taken to the seashore to prevent the police from firing on the retreating robbers: Mateo Chua said at the trial: Q At about 9:30 in the evening of Dec. 31, 1967, where were you? A I was in my house. Q Do you remember anything unusual that happened that evening in your house? A Yes, sir. Q Please tell the Court what happened? A Several men, pirates, came up my house and broke into my house. Q About what time did you notice those pirates forced themselves inside your residence? A Between 9:30 and 10:00 that evening. Q What was the first thing you noticed when the pirates as you said arrived? A I was about to sleep when they came up, three of them went straight up my house. Q How many floors has your house? A Two floors. xxx xxx xxx Q What did the robbers do when they came up your house? A They hogtied me and made me lie flat on the floor face down. Q At that time were not your family inside your house? A Yes, sir, my children and my wife. Q What did the robbers do with your wife and children? A Because I was hogtied and was lying flat on the floor face down, I cannot tell what did they do to my wife and children. Q What did the robbers do in your house? A They ransacked my house. Q How many minutes did the armed robbers stay pin your house? A Almost one hour. xxx xxx xxx Q After nearly one hour, did the robbers who came up your house leave? A I don't know because I was lying flat on the floor. Q How did they come out, you cannot tell? A No, sir. Q Who untied you that evening? A My son untied me after the men left. Court This witness did not identify any of the accused? Fiscal No, Your Honor. On her part, Mrs. Ong Sy San (wife of Uy) related on the witness stand that: Q Please tell the Court what unusual thing happened that evening in your house? A The robbers broke into our house. Q More or less, how many robbers broke into your house that evening of Dec. 31, 1967? A About four or five. Q Were they armed? A Yes, sir. xxx xxx xxx Q After the four or five persons fired their shots inside your house, what did they do? A We were downstairs when they broke into our house, using the axe at the door and then after entering the first floor they went up. xxx xxx xxx Q Can you identify any of the robbers that came up your house from among the accused in courtroom? A I cannot, because I was frightened, I did not have a chance to look at them. The bold assault did not take place in absolute darkness. Why could no one in the Chua and Uy households say that Carlos Caramonte was one of the team of robbers? The police battled with the raiders from a distance of about 60 meters, according to Patrolman Armando Maravilla. Two security guards employed by Uy (Placencia and Giducos) remained with the besieged families thru the raid. Security Guard Elias Giducos gave this testimony: Q At about 10:00 o'clock of that same evening of December 31, 1967, do you remember if there was anything unusual that happened? A Yes, sir. Q What was that which happened? A At about that time we heard a voice of a man and woman and they asked us where we were guarding. Q What did you answer? A At that time we were on duty at the gate of the house of Mateo Chua and then we heard the voice of a man and a woman. Q After you heard those voices of a man and a woman, what happened? A Then we were told not to go to the seashore because there were armed men. Q What did you do after hearing that? A My companion Antonio Placencia called me because he was the one who had talked to those persons. He told me not to go to the seashore because there were armed men there. Q What did you do after that? A My companion also suggested that we better call the Police Department by telephone because that was already 10:50 in the evening. Q Were you able to call the Police Department by telephone? A We went to the house of Erning Tan because there is a telephone there connected with the Police Department and the stand is also at the window overlooking the Caltex Station. So Antonio Placencia told me to call the Police Department and tell them that there are armed men in the seashore. Q What did you do after that? A Then we saw Erning Tan entered his store to use the telephone and then we saw Antonio (Kaya) Uy on the other side so we went to him and told him that there were armed men in the seashore and Antonio Uy told us. "If anything happen don't resist because my children might be hit." xxx xxx xxx Q So what did you do after that? A Because there was a policeman there, we asked him where our companion security guard was. Q And what was his answer? A The policeman informed us that he did not report for duty and that it was Guarino who reported for duty that evening. xxx xxx xxx Q When you went down, what happened? A When I went down, Antonio Uy saw me so he reprimanded me. He said, "Why are you walking there? Come up." Q And then you obeyed his order? You came up. A Yes, sir. xxx xxx xxx Q What did Kaya Uy do when he heard the news? A Our employer Antonio Uy told us not to resist. He said, "If they want to get something, just allow them to get it." Q What happened after that? A Because we were there with him, we went to office to hide. Q Did you notice anything while you were hiding there? A Yes, sir, we heard something. Q What did you hear? A We heard several shots. xxx xxx xxx Q After the shots lasted, where did you go? A After the shooting stopped, the mother of Antonio Uy came to him and informed Mr. Uy that his wife was brought along by the armed men. Q What did Mr. Uy do because you were there. A He went down and returned to his own house. Q When Mr. Uy went down and returned to his own house, what did you do? A I followed him. Q Where did you go? A To his house and I called the rest of the guards. Q Were you able to reach his house? A Yes, sir. which indicates that many people in the compound must or could have seen some or all of the robbers and no one could say that Caramonte was one of them. The Court takes notice that the Uy Chua compound is the hub of a large fishing industry, and is located barely 500 meters from the Cadiz police station and City Hall. Also that there are many houses in the neighborhood. Under the circumstances, the failure of anyone members of the Chua and Uy households, the security guards and other employees of the fishing business, the police, the neighbors to perceive the presence of Caramonte at the time of the attack raises doubts as to his participation therein. (Decision, pp. 12-16). Be that as it may, under Section 173 of the Revised Administrative Code, the grounds for removal of a judge of first instance are (1) serious misconduct and (2) inefficiency. For serious misconduct to exist, there must be reliable evidence showing that the judicial acts complained of were corrupt or inspired by an intention to violate the law, or were in persistent disregard of well-known legal rules. (In re Impeachment of Hon. Antonio Horrilleno, 43 Phil. 212). In the case at bar, there has been no proof that in issuing the order of September 5, 1968 (Exh. B), and in rendering a judgment of acquittal the respondent Judge was inspired by a dishonest or corrupt intention which prompted him to violate the law or to disregard well-known legal rules. In fact, in spite of the biting language of the complainants in their complaint and in their memorandum, they admit that the respondent Judge is not dishonest as far as they know. Of course, there has been an insinuation that "respondent Judge prostituted this Court and acquitted, obviously in bad faith, Councilor Caramonte of Bantayan, province of Cebu, in all likelihood because of the dirty hands of power politics." Inasmuch as proceedings against judges as the case at bar, have been said to be governed by the rules of law applicable to penal cases, the charges must, therefore, be proved beyond reasonable doubt (In re Horrilleno, supra), and it is incumbent upon the complainants to prove their case not by a preponderance of evidence but beyond a reasonable doubt, and in this venture, it is believed they failed. There is, indeed, a paucity of proof that respondent Judge has acted partially, or maliciously, or corruptly, or arbitrarily or oppressively. xxx xxx xxx In issuing the order of Sept. 5, 1968, respondent Judge as stated in his answer, was guided by the Model Code of Evidence cited by Chief Justice Moran in his Comments on the Rules of Court. Whether in taking judicial notice of the facts stated in the order of September 5, 1968, respondent Judge erred or not, it is believed, this is not the proper forum to dwell on the matter. Since this is an administrative case against him the controlling factor should be the circumstances surrounding the issuance of such order whether in doing so the respondent Judge was arbitrary, corrupt, partial, or oppressive. As heretofore stated, the undersigned finds no proof beyond reasonable doubt along that line. Furthermore, it appears from the record that the Office of the City Fiscal received a copy of the Order of September 5, 1968 on September 13, 1968. If it were true as alleged by the complainants that the issuance of such order was and that the matters taken judicial notice of therein were wrong, it behooves upon Fiscal Zulueta, as the prosecutor of the case, to seek for the reconsideration of such order and at the same time to invite the attention of the court to the alleged errors, if there were any. But as the records show, the prosecution in the said case did not take any steps from September 13 to September 21, or a span of eight to protect the interests of the State against what complainants herein term to be an "illegality." Of course, the complainants herein lean on the argument that
Fiscal Zulueta Because if I do that, Your Honor, respondent Judge would realize his mistake which we believe malicious (p. 29, t.s.n.). It may be pertinent to state at this juncture, that this attitude of the prosecution in Criminal Case No. 690 does appear to be commendable. A prosecutor should lay the court fairly and fully every fact and circumstance known to him to exist, without regard to whether such fact tends to establish the guilt or innocence of the accused (Malcolm, Legal and Judicial Ethics, p. 123) and to this may be added without regard to any personal conviction or presumption of what the Judge may do or is disposed to do. Prosecuting officer presumed to be men learned in the law, of a high character, and to perform their duties impartially and with but one object in view, that being that justice may be meted out to all violators of the law and that no innocent man be punished (Malcolm, p. 124). In the pursuit of that solemn obligation, therefore, personal conviction should be ignored lest it may lead to a sacrifice of the purpose sought to be achieved. Fortunately, in Criminal Case No. 690, the very witness of the complainants affirmed the correctness of the matters taken judicial notice of by the respondent Judge. Thus, Mr. Agustin Javier, lone witness for the complainants, testified Atty. Aquino Q When Fiscal Zulueta on September 13, 1968 showed you that order of Judge Climaco wherein he stated that he was taking judicial notice that Mateo Chua-Antonio Uy Compound in Cadiz City is a hub of a large fishing industry operating in the Visayas; that said compound is only a five hundred (500) meters from the City Hall in Cadiz and that the neighborhood is well- lighted and well-populated, after reading that order, did you make any comment to Fiscal Zulueta? A No, sir. Q But the statements here in the order are true? A Yes, you mean the "Uy-Chua Compound"? Q I mean the statements in the order are true? A Yes, sir. (pp. 64-65, t.s.n.) The charges impute upon respondent (a) dereliction of duty or misconduct in office ( prevaricacion), which contemplates the rendition of an unjust judgment knowingly, and/or in (b) rendering a manifestly unjust judgment by reason of inexcusable negligence or ignorance. In order that a judge may be held liable for knowingly rendering an unjust judgment, it must be shown beyond doubt that the judgment is unjust as it is contrary to law or is not supported by the evidence, and the same was made with conscious and deliberate intent to do an injustice. "Es tan preciso," commented Viada, "que la falta se cometa a sabiendas, esto es, con malicia, con voluntad reflexiva, que en cada de uno de estos articulos vemos consignada dicha expresion para que por nadie y en ningun caso se confunda la falta de justicia producida por ignorancia, la preocupacion o el error, con la que solo inspira la enemistad, el odio o cualquiera otra pasion bastarda y corrompida. Esta es la prevaricacion verdadera." 1
To hold a judge liable for the rendition of a manifestly unjust judgment by reason of inexcusable negligence or ignorance, it must be shown, according to Groizard, that although he has acted without malice, he failed to observe in the performance of his duty, that diligence, prudence and care which the law is entitled to exact in the rendering of any public service. 2
Negligence and ignorance are inexcusable if they imply a manifest injustice which cannot be explained by a reasonable interpretation. 3
Inexcusable mistake only exists in the legal concept when it implies a manifest injustice, that is to say, such injustice which cannot be explained by a reasonable interpretation, even though there is a misunderstanding or error of the law applied, in the contrary it results, logically and reasonably, and in a very clear and indisputable manner, in the notorious violation of the legal precept. 4
It is also well-settled that a judicial officer, when required to exercise his judgment or discretion, is not liable criminally, for any error he commits, provided he acts in good faith. From a review of the record, We find that the decision respondent contains clearly and distinctly the facts and law on which it is based. We cannot conclude on the basis thereof that respondent has knowingly rendered an unjust judgment, much less could it be held that respondent in the performance of his duty has failed to observe the diligence, prudence and care required by law. As noted in the aforecited report, the Acting City Fiscal of Cadiz had employed offensive and abusive language his complaint and memorandum. It bears emphasis that the use in pleadings of language disrespectful to the court or containing offensive personalities serves no useful purpose and on the contrary constitutes direct contempt. 5
We must repeat what this Court thru Justice Sanchez stated in an earlier case: 6
A lawyer is an officer of the courts; he is, "like the court itself, an instrument or agency to advance the ends of justice." (People ex rel. Karlin vs. Culkin, 60 A.L.R. 851, 855.). His duty is to uphold the dignity and authority of the courts to which he owes fidelity, "not to promote distrust in the administration of justice." (In re Sotto, 82 Phil. 595, 602.). Faith in the courts a lawyer should seek to preserve. For, to undermine the judicial edifice "is disastrous to the continuity of government and to the attainment of the liberties of the people." (Malcolm, Legal and Judicial Ethics, 1949 ed., p. 160.). Thus has it been said of a lawyer that "[as] an officer of the court, it is his own and moral duty to help build and not destroy unnecessarily that high esteem and regard towards the court so essential to the proper administration of justice. (People vs. Carillo, 77 Phil. 572, 580.). ... It has been said that "[a] lawyer's language should be dignified in keeping with the dignity of the legal profession." (5 Martin, op. cit., p. 97.). It is Sotto's duty as a member of the Bar "[t]o abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged." (Section 20 (f), Rule 138, Rules of Court.). We have analyzed the facts, and there is nothing on the basis thereof which would in any manner justify their inclusion in the pleadings. WHEREFORE, respondent judge is hereby exonerated of the aforestated charges. Acting City Fiscal Norberto L. Zulueta, of Cadiz City, is, nevertheless, censured for his use of offensive and abusive language in the complaint and other pleadings filed with this Court, with a warning that repetition of the same may constrain Us to impose a more severe sanction. Makalintal, C.J ., Zaldivar, Castro, Esguerra, Fernandez and Muoz Palma, J J ., concur.1wph1.t Barredo, Makasiar and Aquino, J J ., took no part.
Separate Opinions
FERNANDO, J ., concurring: The high quality of craftsmanship that is so typical of the work of Justice Antonio is once again in evidence. What is more, his opinion for the Court is so well-researched and so thorough that to add a few words might yield the impression that to do so is to magnify a trifling difference. That risk, if so it is, I take if only to give expression to a point of view not infused with too great a significance, I must admit, but possessed, in my way of thinking, of an implication that did preclude a full and complete acceptance of what is set forth in the dispositive portion of the decision of the Court. Hence this brief concurrence. In addition to exonerating respondent Judge of charges filed against him by another city fiscal, Norberto L. Zulueta of Capiz, the resolution of this Court would censure the complainant for the use of offensive and abusive language. On both grounds, I am fully in agreement. I am not, at this stage, prepared to go along, however, with the last clause in the dispositive portion of our resolution with its "warning that repetition of the same may strain Us to impose a more severe sanction." 1 It is that such a penalty would be inappropriate. Certainly, a proper sense of decorum, not to say the degree of civility expected of a dignitary like a city fiscal, ought to have cautioned against resort to what Dean Pound aptly termed epithetical jurisprudence. To paraphrase the then Justice Bengzon in Lagumbay v. Comelec, 2 the employment of intemperate language serves no purpose but to detract from the force of the argument. That is to put at its mildest a well-deserved reproach to such a propensity. A member of the bar who has given vent to such expression of ill will, not to say malevolence, betrays gross disrespect not only to the adverse party, but also to this Tribunal. That is not all there is to the matter though. I view with a certain degree of misgiving, perhaps not altogether justified, the warning is to the more severe penalty to be inflicted in case of a repetition of such offense thus made the dispositive portion of the opinion for, to my mind, it could, in some way, however slight, limit the freedom of a future Court to deal with such a situation if and when it occurs. It is only in that sense that I am unable to the rest of my colleagues in yielding complete and unconditional assent to the highly persuasive and otherwise impeccable opinion of Justice Antonio. TEEHANKEE, J ., concurring: I concur in the result of the main opinion of Mr. Justice Antonio, which exonerates respondent judge of the charges, since a judicial officer required to exercise his judgment or discretion who in the process acquits an accused on grounds of reasonable doubt in view of his non- identification by the prosecution witnesses (notwithstanding his admission and "the damaging inferences derived from his staying away (as a newly elected councilor) from the ceremony (on January 1, 1968) when the newly- elected officials of Bantayan (Cebu) were inducted into office" as he was charged with participation in the pirate raid in Cadiz City on the night of December 31, 1967, as noted by respondent judge himself in his decision) 1 may not be held liable criminally or administratively for any error of judgment that he may commit, absent of any showing of bad faith, corruption, malice, a deliberate intent to violate the law or a persistent disregard of well-known legal rules and principles. Respondent judge based his acquittal verdict on the stated premises that "(T)he bold assault did not take place in absolute darkness. Why could no one in the Chua and Uy households say that Carlos Caramonte was one of the team of robbers" and followed this up with a statement of judicial notice that "the Uy Chua compound is the hub of a large fishing industry, and is located barely 500 meters from the Cadiz police station and City Hall. Also that there are many houses in the neighborhood. Under the circumstances, the failure of anyone the members of the Chua and Uy households, the security guards and other employees of the fishing business, the police, the neighbors to perceive the presence of Caramonte at the time of the attack raises doubts as to his participation therein." Such taking of judicial notice in turn was the result of an ex-parteocular inspection conducted by himself alone without notice to nor the presence of the parties on August 11, 1968, over a month after the hearings had been closed and the case submitted for decision on July 1, 1968 and is the main target of the present complaint. In view of the result reached, respondent judge's verdict of acquittal on the ground of non- identification is now a closed matter, although the prosecutor-complainant could cite the fear and terror under which the victims-witnesses were held by the notorious band of pirates who hogtied them and made them lie on the floor face down. They had previously ordered their security guards to offer no resistance "because (their) children might be hit" and the wife of one them (Mr. Uy) was brought along by the armed as a hostage. 2
The purpose of this brief opinion is merely to avoid undue inference of approval or sanction of the ex-parte ocular inspection conducted by respondent judge. As noted by then Solicitor General, now Associate Justice Antonio P. Barredo in his comment 3 "the validity of the ocular inspection conducted by the lower court is open to doubt." Indeed, such ex-parte ocular inspection conducted by respondent judge alone without notice to nor the presence the parties and after the case had already been submitted for decision was improperly made and may not be sanctioned. If he had entertained doubts that he wished to clear up after the trial had already terminated, he should have ordered motu proprio the reopening of the trial for the purpose, with due notice to the parties for their participation therein is essential to due process. As succinctly restated by Chief Justice Moran, "(T)he inspection or view outside the courtroom should be in made in the presence of the parties or at least with previous notice to them in order that they may show the object to be viewed. Such inspection or view is a part of the trial, inasmuch as evidence is thereby being received, which expressly authorized by law.<re||an1w> The parties are entitled to be present at any stage of the trial, and consequently they are entitled to be at least notified of the time and place for the view. It is an error for the judge to go alone to the land in question, or to the place where the crime committed and take a view, without previous knowledgeor consent of the parties, inspected the place of collision, in his decision stated that after having viewed the place, he was convinced that the testimony of one of the witnesses was incredible." 4
As was aptly held by the appellate court in setting aside such ex-parte ocular inspection conducted by a trial judge "(W)e know of no rule of law or practice which authorizes a trial judge, after a cause had been submitted to him for determination, to search of his own motion and without the consent of the parties for extrinsic testimony and circumstances, and apply what he may learn in this way to corroborate the testimony upon one side or to cast discredit on the testimony of the adverse party." 5
Separate Opinions FERNANDO, J ., concurring: The high quality of craftsmanship that is so typical of the work of Justice Antonio is once again in evidence. What is more, his opinion for the Court is so well-researched and so thorough that to add a few words might yield the impression that to do so is to magnify a trifling difference. That risk, if so it is, I take if only to give expression to a point of view not infused with too great a significance, I must admit, but possessed, in my way of thinking, of an implication that did preclude a full and complete acceptance of what is set forth in the dispositive portion of the decision of the Court. Hence this brief concurrence. In addition to exonerating respondent Judge of charges filed against him by another city fiscal, Norberto L. Zulueta of Capiz, the resolution of this Court would censure the complainant for the use of offensive and abusive language. On both grounds, I am fully in agreement. I am not, at this stage, prepared to go along, however, with the last clause in the dispositive portion of our resolution with its "warning that repetition of the same may strain Us to impose a more severe sanction." 1 It is that such a penalty would be inappropriate. Certainly, a proper sense of decorum, not to say the degree of civility expected of a dignitary like a city fiscal, ought to have cautioned against resort to what Dean Pound aptly termed epithetical jurisprudence. To paraphrase the then Justice Bengzon in Lagumbay v. Comelec, 2 the employment of intemperate language serves no purpose but to detract from the force of the argument. That is to put at its mildest a well-deserved reproach to such a propensity. A member of the bar who has given vent to such expression of ill will, not to say malevolence, betrays gross disrespect not only to the adverse party, but also to this Tribunal. That is not all there is to the matter though. I view with a certain degree of misgiving, perhaps not altogether justified, the warning is to the more severe penalty to be inflicted in case of a repetition of such offense thus made the dispositive portion of the opinion for, to my mind, it could, in some way, however slight, limit the freedom of a future Court to deal with such a situation if and when it occurs. It is only in that sense that I am unable to the rest of my colleagues in yielding complete and unconditional assent to the highly persuasive and otherwise impeccable opinion of Justice Antonio. TEEHANKEE, J ., concurring: I concur in the result of the main opinion of Mr. Justice Antonio, which exonerates respondent judge of the charges, since a judicial officer required to exercise his judgment or discretion who in the process acquits an accused on grounds of reasonable doubt in view of his non- identification by the prosecution witnesses (notwithstanding his admission and "the damaging inferences derived from his staying away (as a newly elected councilor) from the ceremony (on January 1, 1968) when the newly- elected officials of Bantayan (Cebu) were inducted into office" as he was charged with participation in the pirate raid in Cadiz City on the night of December 31, 1967, as noted by respondent judge himself in his decision) 1 may not be held liable criminally or administratively for any error of judgment that he may commit, absent of any showing of bad faith, corruption, malice, a deliberate intent to violate the law or a persistent disregard of well-known legal rules and principles. Respondent judge based his acquittal verdict on the stated premises that "(T)he bold assault did not take place in absolute darkness. Why could no one in the Chua and Uy households say that Carlos Caramonte was one of the team of robbers" and followed this up with a statement of judicial notice that "the Uy Chua compound is the hub of a large fishing industry, and is located barely 500 meters from the Cadiz police station and City Hall. Also that there are many houses in the neighborhood. Under the circumstances, the failure of anyone the members of the Chua and Uy households, the security guards and other employees of the fishing business, the police, the neighbors to perceive the presence of Caramonte at the time of the attack raises doubts as to his participation therein." Such taking of judicial notice in turn was the result of an ex-parteocular inspection conducted by himself alone without notice to nor the presence of the parties on August 11, 1968, over a month after the hearings had been closed and the case submitted for decision on July 1, 1968 and is the main target of the present complaint. In view of the result reached, respondent judge's verdict of acquittal on the ground of non- identification is now a closed matter, although the prosecutor-complainant could cite the fear and terror under which the victims-witnesses were held by the notorious band of pirates who hogtied them and made them lie on the floor face down. They had previously ordered their security guards to offer no resistance "because (their) children might be hit" and the wife of one them (Mr. Uy) was brought along by the armed as a hostage. 2
The purpose of this brief opinion is merely to avoid undue inference of approval or sanction of the ex-parte ocular inspection conducted by respondent judge. As noted by then Solicitor General, now Associate Justice Antonio P. Barredo in his comment 3 "the validity of the ocular inspection conducted by the lower court is open to doubt." Indeed, such ex-parte ocular inspection conducted by respondent judge alone without notice to nor the presence the parties and after the case had already been submitted for decision was improperly made and may not be sanctioned. If he had entertained doubts that he wished to clear up after the trial had already terminated, he should have ordered motu proprio the reopening of the trial for the purpose, with due notice to the parties for their participation therein is essential to due process. As succinctly restated by Chief Justice Moran, "(T)he inspection or view outside the courtroom should be in made in the presence of the parties or at least with previous notice to them in order that they may show the object to be viewed. Such inspection or view is a part of the trial, inasmuch as evidence is thereby being received, which expressly authorized by law. The parties are entitled to be present at any stage of the trial, and consequently they are entitled to be at least notified of the time and place for the view. It is an error for the judge to go alone to the land in question, or to the place where the crime committed and take a view, without previous knowledgeor consent of the parties, inspected the place of collision, in his decision stated that after having viewed the place, he was convinced that the testimony of one of the witnesses was incredible." 4
As was aptly held by the appellate court in setting aside such ex-parte ocular inspection conducted by a trial judge "(W)e know of no rule of law or practice which authorizes a trial judge, after a cause had been submitted to him for determination, to search of his own motion and without the consent of the parties for extrinsic testimony and circumstances, and apply what he may learn in this way to corroborate the testimony upon one side or to cast discredit on the testimony of the adverse party." 5
Republic of the Philippines SUPREME COURT Manila EN BANC
G.R. No. L-27654 February 18, 1970 IN THE MATTER OF PROCEEDINGS FOR DISCIPLINARY ACTION AGAINST ATTY. VICENTE RAUL ALMACEN In L-27654, ANTONIO H. CALERO, vs. VIRGINIA Y. YAPTINCHAY. R E S O L U T I O N
CASTRO, J .: Before us is Atty. Vicente Raul Almacen's "Petition to Surrender Lawyer's Certificate of Title," filed on September 25, 1967, in protest against what he therein asserts is "a great injustice committed against his client by this Supreme Court." He indicts this Court, in his own phrase, as a tribunal "peopled by men who are calloused to our pleas for justice, who ignore without reasons their own applicable decisions and commit culpable violations of the Constitution with impunity." His client's he continues, who was deeply aggrieved by this Court's "unjust judgment," has become "one of the sacrificial victims before the altar of hypocrisy." In the same breath that he alludes to the classic symbol of justice, he ridicules the members of this Court, saying "that justice as administered by the present members of the Supreme Court is not only blind, but also deaf and dumb." He then vows to argue the cause of his client "in the people's forum," so that "the people may know of the silent injustice's committed by this Court," and that "whatever mistakes, wrongs and injustices that were committed must never be repeated." He ends his petition with a prayer that ... a resolution issue ordering the Clerk of Court to receive the certificate of the undersigned attorney and counsellor-at-law IN TRUST with reservation that at any time in the future and in the event we regain our faith and confidence, we may retrieve our title to assume the practice of the noblest profession. He reiterated and disclosed to the press the contents of the aforementioned petition. Thus, on September 26, 1967, the Manila Times published statements attributed to him, as follows: Vicente Raul Almacen, in an unprecedented petition, said he did it to expose the tribunal's "unconstitutional and obnoxious" practice of arbitrarily denying petitions or appeals without any reason. Because of the tribunal's "short-cut justice," Almacen deplored, his client was condemned to pay P120,000, without knowing why he lost the case. xxx xxx xxx There is no use continuing his law practice, Almacen said in this petition, "where our Supreme Court is composed of men who are calloused to our pleas for justice, who ignore without reason their own applicable decisions and commit culpable violations of the Constitution with impunity. xxx xxx xxx He expressed the hope that by divesting himself of his title by which he earns his living, the present members of the Supreme Court "will become responsive to all cases brought to its attention without discrimination, and will purge itself of those unconstitutional and obnoxious "lack of merit" or "denied resolutions. (Emphasis supplied) Atty. Almacen's statement that ... our own Supreme Court is composed of men who are calloused to our pleas of [sic] justice, who ignore their own applicable decisions and commit culpable violations of the Constitution with impunity was quoted by columnist Vicente Albano Pacis in the issue of the Manila Chronicle of September 28, 1967. In connection therewith, Pacis commented that Atty. Almacen had "accused the high tribunal of offenses so serious that the Court must clear itself," and that "his charge is one of the constitutional bases for impeachment." The genesis of this unfortunate incident was a civil case entitled Virginia Y. Yaptinchay vs. Antonio H. Calero, 1 in which Atty. Almacen was counsel for the defendant. The trial court, after due hearing, rendered judgment against his client. On June 15, 1966 Atty. Almacen received a copy of the decision. Twenty days later, or on July 5, 1966, he moved for its reconsideration. He served on the adverse counsel a copy of the motion, but did not notify the latter of the time and place of hearing on said motion. Meanwhile, on July 18, 1966, the plaintiff moved for execution of the judgment. For "lack of proof of service," the trial court denied both motions. To prove that he did serve on the adverse party a copy of his first motion for reconsideration, Atty. Almacen filed on August 17, 1966 a second motion for reconsideration to which he attached the required registry return card. This second motion for reconsideration, however, was ordered withdrawn by the trial court on August 30, 1966, upon verbal motion of Atty. Almacen himself, who, earlier, that is, on August 22, 1966, had already perfected the appeal. Because the plaintiff interposed no objection to the record on appeal and appeal bond, the trial court elevated the case to the Court of Appeals. But the Court of Appeals, on the authority of this Court's decision in Manila Surety & Fidelity Co., Inc. vs. Batu Construction & Co., L-16636, June 24, 1965, dismissed the appeal, in the following words: Upon consideration of the motion dated March 27, 1967, filed by plaintiff-appellee praying that the appeal be dismissed, and of the opposition thereto filed by defendant-appellant; the Court RESOLVED TO DISMISS, as it hereby dismisses, the appeal, for the reason that the motion for reconsideration dated July 5, 1966 (pp. 90-113, printed record on appeal) does not contain a notice of time and place of hearing thereof and is, therefore, a useless piece of paper (Manila Surety & Fidelity Co., Inc. vs. Batu Construction & Co., G.R. No. L-16636, June 24, 1965), which did not interrupt the running of the period to appeal, and, consequently, the appeal was perfected out of time. Atty. Almacen moved to reconsider this resolution, urging that Manila Surety & Fidelity Co. is not decisive. At the same time he filed a pleading entitled "Latest decision of the Supreme Court in Support of Motion for Reconsideration," citing Republic of the Philippines vs. Gregorio A. Venturanza, L-20417, decided by this Court on May 30, 1966, as the applicable case. Again, the Court of Appeals denied the motion for reconsideration, thus: Before this Court for resolution are the motion dated May 9, 1967 and the supplement thereto of the same date filed by defendant- appellant, praying for reconsideration of the resolution of May 8, 1967, dismissing the appeal. Appellant contends that there are some important distinctions between this case and that of Manila Surety and Fidelity Co., Inc. vs. Batu Construction & Co., G.R. No. L- 16636, June 24, 1965, relied upon by this Court in its resolution of May 8, 1967. Appellant further states that in the latest case, Republic vs. Venturanza, L-20417, May 30, 1966, decided by the Supreme Court concerning the question raised by appellant's motion, the ruling is contrary to the doctrine laid down in the Manila Surety & Fidelity Co., Inc. case. There is no substantial distinction between this case and that of Manila Surety & Fidelity Co. In the case of Republic vs. Venturanza, the resolution denying the motion to dismiss the appeal, based on grounds similar to those raised herein was issued on November 26, 1962, which was much earlier than the date of promulgation of the decision in the Manila Surety Case, which was June 24, 1965. Further, the resolution in the Venturanza case was interlocutory and the Supreme Court issued it "without prejudice to appellee's restoring the point in the brief." In the main decision in said case (Rep. vs. Venturanza the Supreme Court passed upon the issue sub silencio presumably because of its prior decisions contrary to the resolution of November 26, 1962, one of which is that in the Manila Surety and Fidelity case. Therefore Republic vs. Venturanza is no authority on the matter in issue. Atty. Almacen then appealed to this Court by certiorari. We refused to take the case, and by minute resolution denied the appeal. Denied shortly thereafter was his motion for reconsideration as well as his petition for leave to file a second motion for reconsideration and for extension of time. Entry of judgment was made on September 8, 1967. Hence, the second motion for reconsideration filed by him after the Said date was ordered expunged from the records. It was at this juncture that Atty. Almacen gave vent to his disappointment by filing his "Petition to Surrender Lawyer's Certificate of Title," already adverted to a pleading that is interspersed from beginning to end with the insolent contemptuous, grossly disrespectful and derogatory remarks hereinbefore reproduced, against this Court as well as its individual members, a behavior that is as unprecedented as it is unprofessional. Nonetheless we decided by resolution dated September 28, 1967 to withhold action on his petition until he shall have actually surrendered his certificate. Patiently, we waited for him to make good his proffer. No word came from him. So he was reminded to turn over his certificate, which he had earlier vociferously offered to surrender, so that this Court could act on his petition. To said reminder he manifested "that he has no pending petition in connection with Case G.R. No. L-27654, Calero vs. Yaptinchay, said case is now final and executory;" that this Court's September 28, 1967 resolution did not require him to do either a positive or negative act; and that since his offer was not accepted, he "chose to pursue the negative act." In the exercise of its inherent power to discipline a member of the bar for contumely and gross misconduct, this Court on November 17, 1967 resolved to require Atty. Almacen to show cause "why no disciplinary action should be taken against him." Denying the charges contained in the November 17 resolution, he asked for permission "to give reasons and cause why no disciplinary action should be taken against him ... in an open and public hearing." This Court resolved (on December 7) "to require Atty. Almacen to state, within five days from notice hereof, his reasons for such request, otherwise, oral argument shall be deemed waived and incident submitted for decision." To this resolution he manifested that since this Court is "the complainant, prosecutor and Judge," he preferred to be heard and to answer questions "in person and in an open and public hearing" so that this Court could observe his sincerity and candor. He also asked for leave to file a written explanation "in the event this Court has no time to hear him in person." To give him the ampliest latitude for his defense, he was allowed to file a written explanation and thereafter was heard in oral argument. His written answer, as undignified and cynical as it is unchastened, offers -no apology. Far from being contrite Atty. Almacen unremittingly repeats his jeremiad of lamentations, this time embellishing it with abundant sarcasm and innuendo. Thus: At the start, let me quote passages from the Holy Bible, Chapter 7, St. Matthew: "Do not judge, that you may not be judged. For with what judgment you judge, you shall be judged, and with what measure you measure, it shall be measured to you. But why dost thou see the speck in thy brother's eye, and yet dost not consider the beam in thy own eye? Or how can thou say to thy brother, "Let me cast out the speck from thy eye"; and behold, there is a beam in thy own eye? Thou hypocrite, first cast out the beam from thy own eye, and then thou wilt see clearly to cast out the speck from thy brother's eyes." "Therefore all that you wish men to do to you, even to do you also to them: for this is the Law and the Prophets." xxx xxx xxx Your respondent has no intention of disavowing the statements mentioned in his petition. On the contrary, he refirms the truth of what he stated, compatible with his lawyer's oath that he will do no falsehood, nor consent to the doing of any in court. But he vigorously DENY under oath that the underscored statements contained in the CHARGE are insolent, contemptuous, grossly disrespectful and derogatory to the individual members of the Court; that they tend to bring the entire Court, without justification, into disrepute; and constitute conduct unbecoming of a member of the noble profession of law. xxx xxx xxx Respondent stands four-square that his statement is borne by TRUTH and has been asserted with NO MALICE BEFORE AND AFTER THOUGHT but mainly motivated with the highest interest of justice that in the particular case of our client, the members have shown callousness to our various pleas for JUSTICE, our pleadings will bear us on this matter, ... xxx xxx xxx To all these beggings, supplications, words of humility, appeals for charity, generosity, fairness, understanding, sympathy and above all in the highest interest of JUSTICE, what did we get from this COURT? One word, DENIED, with all its hardiness and insensibility. That was the unfeeling of the Court towards our pleas and prayers, in simple word, it is plain callousness towards our particular case. xxx xxx xxx Now that your respondent has the guts to tell the members of the Court that notwithstanding the violation of the Constitution, you remained unpunished, this Court in the reverse order of natural things, is now in the attempt to inflict punishment on your respondent for acts he said in good faith. Did His Honors care to listen to our pleadings and supplications for JUSTICE, CHARITY, GENEROSITY and FAIRNESS? Did His Honors attempt to justify their stubborn denial with any semblance of reason, NEVER. Now that your respondent is given the opportunity to face you, he reiterates the same statement with emphasis, DID YOU? Sir. Is this. the way of life in the Philippines today, that even our own President, said: "the story is current, though nebulous ,is to its truth, it is still being circulated that justice in the Philippines today is not what it is used to be before the war. There are those who have told me frankly and brutally that justice is a commodity, a marketable commodity in the Philippines." xxx xxx xxx We condemn the SIN, not the SINNER. We detest the ACTS, not the ACTOR. We attack the decision of this Court, not the members. ... We were provoked. We were compelled by force of necessity. We were angry but we waited for the finality of the decision. We waited until this Court has performed its duties. We never interfered nor obstruct in the performance of their duties. But in the end, after seeing that the Constitution has placed finality on your judgment against our client and sensing that you have not performed your duties with "circumspection, carefulness, confidence and wisdom", your Respondent rise to claim his God given right to speak the truth and his Constitutional right of free speech. xxx xxx xxx The INJUSTICES which we have attributed to this Court and the further violations we sought to be prevented is impliedly shared by our President. ... . xxx xxx xxx What has been abhored and condemned, are the very things that were applied to us. Recalling Madam Roland's famous apostrophe during the French revolution, "O Liberty, what crimes are committed in thy name", we may dare say, "O JUSTICE, what technicalities are committed in thy name' or more appropriately, 'O JUSTICE, what injustices are committed in thy name." xxx xxx xxx We must admit that this Court is not free from commission of any abuses, but who would correct such abuses considering that yours is a court of last resort. A strong public opinion must be generated so as to curtail these abuses. xxx xxx xxx The phrase, Justice is blind is symbolize in paintings that can be found in all courts and government offices. We have added only two more symbols, that it is also deaf and dumb. Deaf in the sense that no members of this Court has ever heard our cries for charity, generosity, fairness, understanding sympathy and for justice; dumb in the sense, that inspite of our beggings, supplications, and pleadings to give us reasons why our appeal has been DENIED, not one word was spoken or given ... We refer to no human defect or ailment in the above statement. We only describe the. impersonal state of things and nothing more. xxx xxx xxx As we have stated, we have lost our faith and confidence in the members of this Court and for which reason we offered to surrender our lawyer's certificate, IN TRUST ONLY. Because what has been lost today may be regained tomorrow. As the offer was intended as our self-imposed sacrifice, then we alone may decide as to when we must end our self-sacrifice. If we have to choose between forcing ourselves to have faith and confidence in the members of the Court but disregard our Constitution and to uphold the Constitution and be condemned by the members of this Court, there is no choice, we must uphold the latter. But overlooking, for the nonce, the vituperative chaff which he claims is not intended as a studied disrespect to this Court, let us examine the grain of his grievances. He chafes at the minute resolution denial of his petition for review. We are quite aware of the criticisms 2 expressed against this Court's practice of rejecting petitions by minute resolutions. We have been asked to do away with it, to state the facts and the law, and to spell out the reasons for denial. We have given this suggestion very careful thought. For we know the abject frustration of a lawyer who tediously collates the facts and for many weary hours meticulously marshalls his arguments, only to have his efforts rebuffed with a terse unadorned denial. Truth to tell, however, most petitions rejected by this Court are utterly frivolous and ought never to have been lodged at all. 3 The rest do exhibit a first-impression cogency, but fail to, withstand critical scrutiny. By and large, this Court has been generous in giving due course to petitions for certiorari. Be this as it may, were we to accept every case or write a full opinion for every petition we reject, we would be unable to carry out effectively the burden placed upon us by the Constitution. The proper role of the Supreme Court, as Mr. Chief Justice Vinson of the U.S. Supreme Court has defined it, is to decide "only those cases which present questions whose resolutions will have immediate importance beyond the particular facts and parties involved." Pertinent here is the observation of Mr. Justice Frankfurter in Maryland vs. Baltimore Radio Show, 94 L. ed 562, 566: A variety of considerations underlie denials of the writ, and as to the same petition different reasons may read different justices to the same result ... . Since there are these conflicting, and, to the uninformed, even confusing reasons for denying petitions for certiorari, it has been suggested from time to time that the Court indicate its reasons for denial. Practical considerations preclude. In order that the Court may be enabled to discharge its indispensable duties, Congress has placed the control of the Court's business, in effect, within the Court's discretion. During the last three terms the Court disposed of 260, 217, 224 cases, respectively, on their merits. For the same three terms the Court denied, respectively, 1,260, 1,105,1,189 petitions calling for discretionary review. If the Court is to do its work it would not be feasible to give reasons, however brief, for refusing to take these cases. The tune that would be required is prohibitive. Apart from the fact that as already indicated different reasons not infrequently move different members of the Court in concluding that a particular case at a particular time makes review undesirable. Six years ago, in Novino, et al., vs. Court of Appeals, et al., 1,21098, May 31, 1963 (60 O.G. 8099), this Court, through the then Chief Justice Cesar Bengzon, articulated its considered view on this matter. There, the petitioners counsel urged that a "lack of merit" resolution violates Section 12 of Article VIII of the Constitution. Said Chief Justice Bengzon: In connection with identical short resolutions, the same question has been raised before; and we held that these "resolutions" are not "decisions" within the above constitutional requirement. They merely hold that the petition for review should not be entertained in view of the provisions of Rule 46 of the Rules of Court; and even ordinary lawyers have all this time so understood it. It should be remembered that a petition to review the decision of the Court of Appeals is not a matter of right, but of sound judicial discretion; and so there is no need to fully explain the court's denial. For one thing, the facts and the law are already mentioned in the Court of Appeals' opinion. By the way, this mode of disposal has as intended helped the Court in alleviating its heavy docket; it was patterned after the practice of the U.S. Supreme Court, wherein petitions for review are often merely ordered "dismissed". We underscore the fact that cases taken to this Court on petitions for certiorari from the Court of Appeals have had the benefit of appellate review. Hence, the need for compelling reasons to buttress such petitions if this Court is to be moved into accepting them. For it is axiomatic that the supervisory jurisdiction vested upon this Court over the Court of Appeals is not intended to give every losing party another hearing. This axiom is implied in sec. 4 of Rule 45 of the Rules of Court which recites: Review of Court of Appeals' decision discretionary.A review is not a matter of right but of sound judicial discretion, and will be granted only when there are special and important reasons therefor. The following, while neither controlling nor fully measuring the court's discretion, indicate the character of reasons which will be considered: (a) When the Court of Appeals has decided a question of substance, not theretofore determined by the Supreme Court, nor has decided it in a way probably not in accord with law or with the applicable decisions of the Supreme Court; (b) When the Court of Appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such departure by the lower court, as to call for the exercise of the power of supervision. Recalling Atty. Almacen's petition for review, we found, upon a thoroughgoing examination of the pleadings. and records, that the Court of Appeals had fully and correctly considered the dismissal of his appeal in the light of the law and applicable decisions of this Court. Far from straying away from the "accepted and usual course of judicial proceedings," it traced the procedural lines etched by this Court in a number of decisions. There was, therefore, no need for this Court to exercise its supervisory power. As a law practitioner who was admitted to the Bar as far back as 1941, Atty. Almacen knew or ought to have known that for a motion for reconsideration to stay the running of the period of appeal, the movant must not only serve a copy of the motion upon the adverse party (which he did), but also notify the adverse party of the time and place of hearing (which admittedly he did not). This rule was unequivocally articulated in Manila Surety & Fidelity vs. Batu Construction & Co., supra: The written notice referred to evidently is prescribed for motions in general by Rule 15, Sections 4 and 5 (formerly Rule 26), which provides that such notice shall state the time, and place of hearing and shall be served upon all the Parties concerned at least three days in advance. And according to Section 6 of the same Rule no motion shall be acted upon by the court without proof of such notice. Indeed it has been held that in such a case the motion is nothing but a useless piece of paper (Philippine National Bank v. Damasco, I,18638, Feb. 28, 1963; citing Manakil v. Revilla, 42 Phil. 81; Roman Catholic Bishop of Lipa v. Municipality of Unisan, 41 Phil. 866; and Director of Lands vs. Sanz, 45 Phil. 117). The reason is obvious: Unless the movant sets the time and place of hearing the Court would have no way to determine whether that party agrees to or objects to the motion, and if he objects, to hear him on his objection, since the Rules themselves do not fix any period within which he may file his reply or opposition. If Atty. Almacen failed to move the appellate court to review the lower court's judgment, he has only himself to blame. His own negligence caused the forfeiture of the remedy of appeal, which, incidentally, is not a matter of right. To shift away from himself the consequences of his carelessness, he looked for a "whipping boy." But he made sure that he assumed the posture of a martyr, and, in offering to surrender his professional certificate, he took the liberty of vilifying this Court and inflicting his exacerbating rancor on the members thereof. It would thus appear that there is no justification for his scurrilous and scandalous outbursts. Nonetheless we gave this unprecedented act of Atty. Almacen the most circumspect consideration. We know that it is natural for a lawyer to express his dissatisfaction each time he loses what he sanguinely believes to be a meritorious case. That is why lawyers are given 'wide latitude to differ with, and voice their disapproval of, not only the courts' rulings but, also the manner in which they are handed down. Moreover, every citizen has the right to comment upon and criticize the actuations of public officers. This right is not diminished by the fact that the criticism is aimed at a judicial authority, 4 or that it is articulated by a lawyer. 5 Such right is especially recognized where the criticism concerns a concluded litigation, 6 because then the court's actuations are thrown open to public consumption. 7
"Our decisions and all our official actions," said the Supreme Court of Nebraska, 8 "are public property, and the press and the people have the undoubted right to comment on them, criticize and censure them as they see fit. Judicial officers, like other public servants, must answer for their official actions before the chancery of public opinion." The likely danger of confusing the fury of human reaction to an attack on one's integrity, competence and honesty, with "imminent danger to the administration of justice," is the reason why courts have been loath to inflict punishment on those who assail their actuations. 9 This danger lurks especially in such a case as this where those who Sit as members of an entire Court are themselves collectively the aggrieved parties. Courts thus treat with forbearance and restraint a lawyer who vigorously assails their actuations. 10
For courageous and fearless advocates are the strands that weave durability into the tapestry of justice. Hence, as citizen and officer of the court, every lawyer is expected not only to exercise the right, but also to consider it his duty to expose the shortcomings and indiscretions of courts and judges. 11
Courts and judges are not sacrosanct. 12 They should and expect critical evaluation of their performance. 13 For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizens whom it is expected to serve. Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. The reason is that An attorney does not surrender, in assuming the important place accorded to him in the administration of justice, his right as a citizen to criticize the decisions of the courts in a fair and respectful manner, and the independence of the bar, as well as of the judiciary, has always been encouraged by the courts. (In re Ades, 6 F Supp. 487) . Criticism of the courts has, indeed, been an important part of the traditional work of the bar. In the prosecution of appeals, he points out the errors of lower courts. In written for law journals he dissects with detachment the doctrinal pronouncements of courts and fearlessly lays bare for -all to see that flaws and inconsistence" of the doctrines (Hill v. Lyman, 126 NYS 2d 286). As aptly stated by Chief Justice Sharswood in Ex Parte Steinman, 40 Am. Rep. 641: No class of the community ought to be allowed freer scope in the expansion or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities for observing and forming a correct judgment. They are in constant attendance on the courts. ... To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood, by the judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained. ... . Hence, as a citizen and as Officer of the court a lawyer is expected not only to exercise the right, but also to consider it his duty to avail of such right. No law may abridge this right. Nor is he "professionally answerable for a scrutiny into the official conduct of the judges, which would not expose him to legal animadversion as a citizen." (Case of Austin, 28 Am. Dee. 657, 665). Above all others, the members of the bar have the beat Opportunity to become conversant with the character and efficiency of our judges. No class is less likely to abuse the privilege, as no other class has as great an interest in the preservation of an able and upright bench. (State Board of Examiners in Law v. Hart, 116 N.W. 212, 216) To curtail the right of a lawyer to be critical of the foibles of courts and judges is to seal the lips of those in the best position to give advice and who might consider it their duty to speak disparagingly. "Under such a rule," so far as the bar is concerned, "the merits of a sitting judge may be rehearsed, but as to his demerits there must be profound silence." (State v. Circuit Court, 72 N.W. 196) 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. 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. It is Such a misconduct that subjects a lawyer to disciplinary action. For, membership in the Bar imposes upon a person obligations and duties which are not mere flux and ferment. His investiture into the legal profession places upon his shoulders no burden more basic, more exacting and more imperative than that of respectful behavior toward the courts. He vows solemnly to conduct himself "with all good fidelity ... to the courts; 14 and the Rules of Court constantly remind him "to observe and maintain the respect due to courts of justice and judicial officers." 15 The first canon of legal ethics enjoins him "to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its supreme importance." As Mr. Justice Field puts it: ... the obligation which attorneys impliedly assume, if they do not by express declaration take upon themselves, when they are admitted to the Bar, is not merely to be obedient to the Constitution and laws, but to maintain at all times the respect due to courts of justice and judicial officers. This obligation is not discharged by merely observing the rules of courteous demeanor in open court, but includes abstaining out of court from all insulting language and offensive conduct toward judges personally for their judicial acts. (Bradley, v. Fisher, 20 Law. 4d. 647, 652) The lawyer's duty to render respectful subordination to the courts is essential to the orderly administration of justice. Hence, in the assertion of their clients' rights, lawyers even those gifted with superior intellect are enjoined to rein up their tempers. The counsel in any case may or may not be an abler or more learned lawyer than the judge, and it may tax his patience and temper to submit to rulings which he regards as incorrect, but discipline and self-respect are as necessary to the orderly administration of justice as they are to the effectiveness of an army. The decisions of the judge must be obeyed, because he is the tribunal appointed to decide, and the bar should at all times be the foremost in rendering respectful submission. (In Re Scouten, 40 Atl. 481) We concede that a lawyer may think highly of his intellectual endowment That is his privilege. And he may suffer frustration at what he feels is others' lack of it. That is his misfortune. Some such frame of mind, however, should not be allowed to harden into a belief that he may attack a court's decision in words calculated to jettison the time-honored aphorism that courts are the temples of right. (Per Justice Sanchez in Rheem of the Philippines vs. Ferrer, L-22979. June 26, 1967) In his relations with the courts, a lawyer may not divide his personality so as to be an attorney at one time and a mere citizen at another. Thus, statements made by an attorney in private conversations or communications 16 or in the course of a political, campaign, 17 if couched in insulting language as to bring into scorn and disrepute the administration of justice, may subject the attorney to disciplinary action. Of fundamental pertinence at this juncture is an examination of relevant parallel precedents. 1. Admitting that a "judge as a public official is neither sacrosanct nor immune to public criticism of his conduct in office," the Supreme Court of Florida in State v. Calhoon, 102 So. 2d 604, 608, nevertheless declared that "any conduct of a lawyer which brings into scorn and disrepute the administration of justice demands condemnation and the application of appropriate penalties," adding that: It would be contrary to, every democratic theory to hold that a judge or a court is beyond bona fide comments and criticisms which do not exceed the bounds of decency and truth or which are not aimed at. the destruction of public confidence in the judicial system as such. However, when the likely impairment of the administration of justice the direct product of false and scandalous accusations then the rule is otherwise. 2. In In Re Glenn, 130 N.W. 2d 672, an attorney was suspended for putting out and circulating a leaflet entitled "JUSTICE??? IN OTUMWA," which accused a municipal judge of having committed judicial error, of being so prejudiced as to deny his clients a fair trial on appeal and of being subject to the control of a group of city officials. As a prefatory statement he wrote: "They say that Justice is BLIND, but it took Municipal Judge Willard to prove that it is also DEAF and DUMB!" The court did not hesitate to find that the leaflet went much further than the accused, as a lawyer, had a right to do. The entire publication evidences a desire on the part Of the accused to belittle and besmirch the court and to bring it into disrepute with the general public. 3. In In Re Humphrey, 163 Pac. 60, the Supreme Court of California affirmed the two-year suspension of an attorney who published a circular assailing a judge who at that time was a candidate for re-election to a judicial office. The circular which referred to two decisions of the judge concluded with a statement that the judge "used his judicial office to enable -said bank to keep that money." Said the court: We are aware that there is a line of authorities which place no limit to the criticism members of the bar may make regarding the capacity, impartiality, or integrity of the courts, even though it extends to the deliberate publication by the attorney capable of correct reasoning of baseless insinuations against the intelligence and integrity of the highest courts. See State Board, etc. v. Hart. 116 N.W. 212, 17 LRA (N.S.) 585, 15 Ann Cas 197 and note: Ex parte Steinman 95 Pac. 220, 40 Am. Rep. 637. In the first case mentioned it was observed, for instance: "It may be (although we do not so decide) that a libelous publication by an attorney, directed against a judicial officer, could be so vile and of such a nature as to justify the disbarment of its author." Yet the false charges made by an attorney in that case were of graver character than those made by the respondent here. But, in our view, the better rule is that which requires of those who are permitted to enjoy the privilege of practicing law the strictest observance at all times of the principles of truth, honesty and fairness, especially in their criticism of the courts, to the end that the public confidence in the due administration of justice be upheld, and the dignity and usefulness of the courts be maintained. In re Collins, 81 Pac. 220. 4. In People ex rel Chicago Bar Asso. v. Metzen, 123 N.E. 734, an attorney, representing a woman who had been granted a divorce, attacked the judge who set aside the decree on bill of review. He wrote the judge a threatening letter and gave the press the story of a proposed libel suit against the judge and others. The letter began: Unless the record in In re Petersen v. Petersen is cleared up so that my name is protected from the libel, lies, and perjury committed in the cases involved, I shall be compelled to resort to such drastic action as the law allows and the case warrants. Further, he said: "However let me assure you I do not intend to allow such dastardly work to go unchallenged," and said that he was engaged in dealing with men and not irresponsible political manikins or appearances of men. Ordering the attorney's disbarment, the Supreme Court of Illinois declared: ... Judges are not exempt from just criticism, and whenever there is proper ground for serious complaint against a judge, it is the right and duty of a lawyer to submit his grievances to the proper authorities, but the public interest and the administration of the law demand that the courts should have the confidence and respect of the people. Unjust criticism, insulting language, and offensive conduct toward the judges personally by attorneys, who are officers of the court, which tend to bring the courts and the law into disrepute and to destroy public confidence in their integrity, cannot be permitted. The letter written to the judge was plainly an attempt to intimidate and influence him in the discharge of judicial functions, and the bringing of the unauthorized suit, together with the write-up in the Sunday papers, was intended and calculated to bring the court into disrepute with the public. 5. In a public speech, a Rhode Island lawyer accused the courts of the state of being influenced by corruption and greed, saying that the seats of the Supreme Court were bartered. It does not appear that the attorney had criticized any of the opinions or decisions of the Court. The lawyer was charged with unprofessional conduct, and was ordered suspended for a period of two years. The Court said: A calumny of that character, if believed, would tend to weaken the authority of the court against whose members it was made, bring its judgments into contempt, undermine its influence as an unbiased arbiter of the people's right, and interfere with the administration of justice. ... Because a man is a member of the bar the court will not, under the guise of disciplinary proceedings, deprive him of any part of that freedom of speech which he possesses as a citizen. The acts and decisions of the courts of this state, in cases that have reached final determination, are not exempt from fair and honest comment and criticism. It is only when an attorney transcends the limits of legitimate criticism that he will be held responsible for an abuse of his liberty of speech. We well understand that an independent bar, as well as independent court, is always a vigilant defender of civil rights. In Re Troy, 111 Atl. 723. 725. 6. In In Re Rockmore, 111 NYS 879, an attorney was suspended for six months for submitting to an appellate court an affidavit reflecting upon the judicial integrity of the court from which the appeal was taken. Such action, the Court said, constitutes unprofessional conduct justifying suspension from practice, notwithstanding that he fully retracted and withdrew the statements, and asserted that the affidavit was the result of an impulse caused by what he considered grave injustice. The Court said: We cannot shut our eyes to the fact that there is a growing habit in the profession of criticising the motives and integrity of judicial officers in the discharge of their duties, and thereby reflecting on the administration of justice and creating the impression that judicial action is influenced by corrupt or improper motives. Every attorney of this court, as well as every other citizen, has the right and it is his duty, to submit charges to the authorities in whom is vested the power to remove judicial officers for any conduct or act of a judicial officer that tends to show a violation of his duties, or would justify an inference that he is false to his trust, or has improperly administered the duties devolved upon him; and such charges to the tribunal, if based upon reasonable inferences, will be encouraged, and the person making them protected. ... While we recognize the inherent right of an attorney in a case decided against him, or the right of the Public generally, to criticise the decisions of the courts, or the reasons announced for them, the habit of criticising the motives of judicial officers in the performance of their official duties, when the proceeding is not against the officers whose acts or motives are criticised, tends to subvert the confidence of the community in the courts of justice and in the administration of justice; and when such charges are made by officers of the courts, who are bound by their duty to protect the administration of justice, the attorney making such charges is guilty of professional misconduct. 7. In In Re Mitchell, 71 So. 467, a lawyer published this statement: I accepted the decision in this case, however, with patience, barring possible temporary observations more or less vituperative and finally concluded, that, as my clients were foreigners, it might have been expecting too much to look for a decision in their favor against a widow residing here. The Supreme Court of Alabama declared that: ... the expressions above set out, not only transcend the bounds of propriety and privileged criticism, but are an unwarranted attack, direct, or by insinuation and innuendo, upon the motives and integrity of this court, and make out a prima facie case of improper conduct upon the part of a lawyer who holds a license from this court and who is under oath to demean himself with all good fidelity to the court as well as to his client. The charges, however, were dismissed after the attorney apologized to the Court. 8. In State ex rel. Dabney v. Breckenridge, 258 Pac. 747, an attorney published in a newspaper an article in which he impugned the motives of the court and its members to try a case, charging the court of having arbitrarily and for a sinister purpose undertaken to suspend the writ of habeas corpus. The Court suspended the respondent for 30 days, saying that: The privileges which the law gives to members of the bar is one most subversive of the public good, if the conduct of such members does not measure up to the requirements of the law itself, as well as to the ethics of the profession. ... The right of free speech and free discussion as to judicial determination is of prime importance under our system and ideals of government. No right thinking man would concede for a moment that the best interest to private citizens, as well as to public officials, whether he labors in a judicial capacity or otherwise, would be served by denying this right of free speech to any individual. But such right does not have as its corollary that members of the bar who are sworn to act honestly and honorably both with their client and with the courts where justice is administered, if administered at all, could ever properly serve their client or the public good by designedly misstating facts or carelessly asserting the law. Truth and honesty of purpose by members of the bar in such discussion is necessary. The health of a municipality is none the less impaired by a polluted water supply than is the health of the thought of a community toward the judiciary by the filthy wanton, and malignant misuse of members of the bar of the confidence the public, through its duly established courts, has reposed in them to deal with the affairs of the private individual, the protection of whose rights he lends his strength and money to maintain the judiciary. For such conduct on the part of the members of the bar the law itself demands retribution not the court. 9. In Bar Ass'n of San Francisco v. Philbrook, 170 Pac. 440, the filing of an affidavit by an attorney in a pending action using in respect to the several judges the terms criminal corrupt, and wicked conspiracies,," "criminal confederates," "colossal and confident insolence," "criminal prosecution," "calculated brutality," "a corrupt deadfall," and similar phrases, was considered conduct unbecoming of a member of the bar, and the name of the erring lawyer was ordered stricken from the roll of attorneys. 10. In State Board of Examiners v. Hart, 116 N.W. 215, the erring attorney claimed that greater latitude should be allowed in case of criticism of cases finally adjudicated than in those pending. This lawyer wrote a personal letter to the Chief Justice of the Supreme Court of Minnesota impugning both the intelligence and the integrity of the said Chief Justice and his associates in the decisions of certain appeals in which he had been attorney for the defeated litigants. The letters were published in a newspaper. One of the letters contained this paragraph: You assigned it (the property involved) to one who has no better right to it than the burglar to his plunder. It seems like robbing a widow to reward a fraud, with the court acting as a fence, or umpire, watchful and vigilant that the widow got no undue advantage. ... The point is this: Is a proper motive for the decisions discoverable, short of assigning to the court emasculated intelligence, or a constipation of morals and faithlessness to duty? If the state bar association, or a committee chosen from its rank, or the faculty of the University Law School, aided by the researches of its hundreds of bright, active students, or if any member of the court, or any other person, can formulate a statement of a correct motive for the decision, which shall not require fumigation before it is stated, and quarantine after it is made, it will gratify every right-minded citizen of the state to read it. The Supreme Court of Minnesota, in ordering the suspension of the attorney for six months, delivered its opinion as follows: The question remains whether the accused was guilty of professional misconduct in sending to the Chief Justice the letter addressed to him. This was done, as we have found, for the very purpose of insulting him and the other justices of this court; and the insult was so directed to the Chief Justice personally because of acts done by him and his associates in their official capacity. Such a communication, so made, could never subserve any good purpose. Its only effect in any case would be to gratify the spite of an angry attorney and humiliate the officers so assailed. It would not and could not ever enlighten the public in regard to their judicial capacity or integrity. Nor was it an exercise by the accused of any constitutional right, or of any privilege which any reputable attorney, uninfluenced by passion, could ever have any occasion or desire to assert. No judicial officer, with due regard to his position, can resent such an insult otherwise than by methods sanctioned by law; and for any words, oral or written, however abusive, vile, or indecent, addressed secretly to the judge alone, he can have no redress in any action triable by a jury. "The sending of a libelous communication or libelous matter to the person defamed does not constitute an actionable publication." 18 Am. & Eng. Enc. Law (2d Ed.) p. 1017. In these respects the sending by the accused of this letter to the Chief Justice was wholly different from his other acts charged in the accusation, and, as we have said, wholly different principles are applicable thereto. The conduct of the accused was in every way discreditable; but so far as he exercised the rights of a citizen, guaranteed by the Constitution and sanctioned by considerations of public policy, to which reference has been made, he was immune, as we hold, from the penalty here sought to be enforced. To that extent his rights as a citizen were paramount to the obligation which he had assumed as an officer of this court. When, however he proceeded and thus assailed the Chief Justice personally, he exercised no right which the court can recognize, but, on the contrary, willfully violated his obligation to maintain the respect due to courts and judicial officers. "This obligation is not discharged by merely observing the rules of courteous demeanor in open court, but it includes abstaining out of court from all insulting language and offensive conduct toward the judges personally for their official acts." Bradley v. Fisher, 13 Wall. (U.S.) 355, 20 L. Ed. 646. And there appears to be no distinction, as regards the principle involved, between the indignity of an assault by an attorney upon a judge, induced by his official act, and a personal insult for like cause by written or spoken words addressed to the judge in his chambers or at his home or elsewhere. Either act constitutes misconduct wholly different from criticism of judicial acts addressed or spoken to others. The distinction made is, we think entirely logical and well sustained by authority. It was recognized in Ex parte McLeod supra. While the court in that case, as has been shown, fully sustained the right of a citizen to criticise rulings of the court in actions which are ended, it held that one might be summarily punished for assaulting a judicial officer, in that case a commissioner of the court, for his rulings in a cause wholly concluded. "Is it in the power of any person," said the court, "by insulting or assaulting the judge because of official acts, if only the assailant restrains his passion until the judge leaves the building, to compel the judge to forfeit either his own self-respect to the regard of the people by tame submission to the indignity, or else set in his own person the evil example of punishing the insult by taking the law in his own hands? ... No high-minded, manly man would hold judicial office under such conditions." That a communication such as this, addressed to the Judge personally, constitutes professional delinquency for which a professional punishment may be imposed, has been directly decided. "An attorney who, after being defeated in a case, wrote a personal letter to the trial justice, complaining of his conduct and reflecting upon his integrity as a justice, is guilty of misconduct and will be disciplined by the court." Matter of Manheim 133 App. Div. 136, 99 N.Y. Supp. 87 The same is held in Re Griffin (City Ct.) 1 N.Y. 7 and in Re Wilkes (City Ct.) 3 N.Y. In the latter case it appeared that the accused attorney had addressed a sealed letter to a justice of the City Court of New York, in which it was stated, in reference to his decision: "It is not law; neither is it common sense. The result is I have been robbed of 80." And it was decided that, while such conduct was not a contempt under the state, the matter should be "called to the attention of the Supreme Court, which has power to discipline the attorney." "If," says the court, "counsel learned in the law are permitted by writings leveled at the heads of judges, to charge them with ignorance, with unjust rulings, and with robbery, either as principals or accessories, it will not be long before the general public may feel that they may redress their fancied grievances in like manner, and thus the lot of a judge will be anything but a happy one, and the administration of justice will fall into bad repute." The recent case of Johnson v. State (Ala.) 44 South. 671, was in this respect much the same as the case at bar. The accused, an attorney at law, wrote and mailed a letter to the circuit judge, which the latter received by due course of mail, at his home, while not holding court, and which referred in insulting terms to the conduct of the judge in a cause wherein the accused had been one of the attorneys. For this it was held that the attorney was rightly disbarred in having "willfully failed to maintain respect due to him [the judge] as a judicial officer, and thereby breached his oath as an attorney." As recognizing the same principle, and in support of its application to the facts of this case, we cite the following: Ex parte Bradley, 7 Wall (U.S.) 364, 19 L. Ed. 214; Beene v. State, 22 Ark. 149; Commonwealth v. Dandridge, 2 Va. Cas. 408; People v. Green, 7 Colo 237, 244, 3 Pac. 65, 374, 49 Am. Rep. 351; Smith's Appeal, 179 Pa. 14, 36 Atl. 134; Scouten's Appeal, 186 Pa. 270, Atl. 481. Our conclusion is that the charges against the accused have been so far sustained as to make it our duty to impose such a penalty as may be sufficient lesson to him and a suitable warning to others. ... 11. In Cobb v. United States, 172 F. 641, the court affirmed a lawyer's suspension for 18 months for publishing a letter in a newspaper in which he accused a judge of being under the sinister influence of a gang that had paralyzed him for two years. 12. In In Re Graves, 221 Pac. 411, the court held that an attorney's unjustifiable attack against the official acts and decisions of a judge constitutes "moral turpitude." There, the attorney was disbarred for criticising not only the judge, but his decisions in general claiming that the judge was dishonest in reaching his decisions and unfair in his general conduct of a case. 13. In In Re Doss, 12 N.E. 2d 659, an attorney published newspaper articles after the trial of cases, criticising the court in intemperate language. The invariable effect of this sort of propaganda, said the court, is to breed disrespect for courts and bring the legal profession into disrepute with the public, for which reason the lawyer was disbarred. 14. In State v. Grimes, 354 Pac. 2d 108, an attorney, dissatisfied with the loss of a case, prepared over a period of years vicious attacks on jurists. The Oklahoma Supreme Court declared that his acts involved such gross moral turpitude as to make him unfit as a member of the bar. His disbarment was ordered, even though he expressed an intention to resign from the bar. The teaching derived from the above disquisition and impressive affluence of judicial pronouncements is indubitable: Post-litigation utterances or publications, made by lawyers, critical of the courts and their judicial actuations, whether amounting to a crime or not, which transcend the permissible bounds of fair comment and legitimate criticism and thereby tend to bring them into disrepute or to subvert public confidence in their integrity and in the orderly administration of justice, constitute grave professional misconduct which may be visited with disbarment or other lesser appropriate disciplinary sanctions by the Supreme Court in the exercise of the prerogatives inherent in it as the duly constituted guardian of the morals and ethics of the legal fraternity. Of course, rarely have we wielded our disciplinary powers in the face of unwarranted outbursts of counsel such as those catalogued in the above-cited jurisprudence. Cases of comparable nature have generally been disposed of under the power of courts to punish for contempt which, although resting on different bases and calculated to attain a different end, nevertheless illustrates that universal abhorrence of such condemnable practices. A perusal of the more representative of these instances may afford enlightenment. 1. In Salcedo vs. Hernandez, 61 Phil. 724, where counsel branded the denial of his motion for reconsideration as "absolutely erroneous and constituting an outrage to the rigths of the petitioner Felipe Salcedo and a mockery of the popular will expressed at the polls," this Court, although conceding that It is right and plausible that an attorney, in defending the cause and rights of his client, should do so with all the fervor and energy of which he is capable, but it is not, and never will be so for him to exercise said right by resorting to intimidation or proceeding without the propriety and respect which the dignity of the courts requires. The reason for this is that respect for the courts guarantees the stability of their institution. Without such guaranty, said institution would be resting on a very shaky foundation, found counsel guilty of contempt inasmuch as, in its opinion, the statements made disclosed ... an inexcusable disrespect of the authority of the court and an intentional contempt of its dignity, because the court is thereby charged with no less than having proceeded in utter disregard of the laws, the rights to the parties, and 'of the untoward consequences, or with having abused its power and mocked and flouted the rights of Attorney Vicente J. Francisco's client ... . 2. In In re Sotto, 82 Phil. 595, counsel, a senator and the author of the Press Freedom Law, reaching to, the imprisonment for contempt of one Angel Parazo, who, invoking said law, refused to divulge the source of a news item carried in his paper, caused to be published in i local newspaper a statement expressing his regret "that our High Tribunal has not only erroneously interpreted said law, but it is once more putting in evidence the incompetency or narrow mindedness of the majority of its members," and his belief that "In the wake of so many blunders and injustices deliberately committed during these last years, ... the only remedy to put an end to go much evil, is to change the members of the Supreme Court," which tribunal he denounced as "a constant peril to liberty and democracy" and "a far cry from the impregnable bulwark of justice of those memorable times of Cayetano Arellano, Victorino Mapa, Manuel Araullo and other learned jurists who were the honor and glory of the Philippine Judiciary." He there also announced that one of the first measures he would introduce in then forthcoming session of Congress would have for its object the complete reorganization of the Supreme Court. Finding him in contempt, despite his avowals of good faith and his invocation of the guarantee of free speech, this Court declared: But in the above-quoted written statement which he caused to be published in the press, the respondent does not merely criticize or comment on the decision of the Parazo case, which was then and still is pending consideration by this Court upon petition of Angel Parazo. He not only intends to intimidate the members of this Court with the presentation of a bill in the next Congress, of which he is one of the members, reorganizing the Supreme Court and reducing the number of Justices from eleven, so as to change the members of this Court which decided the Parazo case, who according to his statement, are incompetent and narrow minded, in order to influence the final decision of said case by this Court, and thus embarrass or obstruct the administration of justice. But the respondent also attacks the honesty and integrity of this Court for the apparent purpose of bringing the Justices of this Court into disrepute and degrading the administration. of justice ... . To hurl the false charge that this Court has been for the last years committing deliberately so many blunders and injustices, that is to say, that it has been deciding in favor of Que party knowing that the law and justice is on the part of the adverse party and not on the one in whose favor the decision was rendered, in many cases decided during the last years, would tend necessarily to undermine the confidence of the people in the honesty and integrity of the members of this Court, and consequently to lower ,or degrade the administration of justice by this Court. The Supreme Court of the Philippines is, under the Constitution, the last bulwark to which the Filipino people may repair to obtain relief for their grievances or protection of their rights when these are trampled upon, and if the people lose their confidence in the honesty and integrity of the members of this Court and believe that they cannot expect justice therefrom, they might be driven to take the law into their own hands, and disorder and perhaps chaos might be the result. As a member of the bar and an officer of the courts, Atty. Vicente Sotto, like any other, is in duty bound to uphold the dignity and authority of this Court, to which he owes fidelity according to the oath he has taken as such attorney, and not to promote distrust in the administration of justice. Respect to the courts guarantees the stability of other institutions, which without such guaranty would be resting on a very shaky foundation. Significantly, too, the Court therein hastened to emphasize that ... an attorney as an officer of the court is under special obligation to be respectful in his conduct and communication to the courts; he may be removed from office or stricken from the roll of attorneys as being guilty of flagrant misconduct (17 L.R.A. [N.S.], 586, 594.) 3. In Rheem of the Philippines vs. Ferrer: In re Proceedings against Alfonso Ponce Enrile, et al., supra, where counsel charged this Court with having "repeatedly fallen" into ,the pitfall of blindly adhering to its previous "erroneous" pronouncements, "in disregard of the law on jurisdiction" of the Court of Industrial Relations, our condemnation of counsel's misconduct was unequivocal. Articulating the sentiments of the Court, Mr. Justice Sanchez stressed: As we look back at the language (heretofore quoted) employed in the motion for reconsideration, implications there are which inescapably arrest attention. It speaks of one pitfall into which this Court has repeatedly fallen whenever the jurisdiction of the Court of Industrial Relations comes into question. That pitfall is the tendency of this Court to rely on its own pronouncements in disregard of the law on jurisdiction. It makes a sweeping charge that the decisions of this Court, blindly adhere to earlier rulings without as much as making any reference to and analysis of the pertinent statute governing the jurisdiction of the industrial court. The plain import of all these is that this Court is so patently inept that in determining the jurisdiction of the industrial court, it has committed error and continuously repeated that error to the point of perpetuation. It pictures this Court as one which refuses to hew to the line drawn by the law on jurisdictional boundaries. Implicit in the quoted statements is that the pronouncements of this Court on the jurisdiction of the industrial court are not entitled to respect. Those statements detract much from the dignity of and respect due this Court. They bring into question the capability of the members and some former members of this Court to render justice. The second paragraph quoted yields a tone of sarcasm which counsel labelled as "so called" the "rule against splitting of jurisdiction." Similar thoughts and sentiments have been expressed in other cases 18 which, in the interest of brevity, need not now be reviewed in detail. Of course, a common denominator underlies the aforecited cases all of them involved contumacious statements made in pleadings filed pending litigation. So that, in line with the doctrinal rule that the protective mantle of contempt may ordinarily be invoked only against scurrilous remarks or malicious innuendoes while a court mulls over a pending case and not after the conclusion thereof, 19 Atty. Almacen would now seek to sidestep the thrust of a contempt charge by his studied emphasis that the remarks for which he is now called upon to account were made only after this Court had written finis to his appeal. This is of no moment. The rule that bars contempt after a judicial proceeding has terminated, has lost much of its vitality. For sometime, this was the prevailing view in this jurisdiction. The first stir for a modification thereof, however, came when, in People vs. Alarcon, 20 the then Chief Justice Manuel V. Moran dissented with the holding of the majority, speaking thru Justice Jose P. Laurel, which upheld the rule above- adverted to. A complete disengagement from the settled rule was later to be made in In re Brillantes, 21 a contempt proceeding, where the editor of the Manila Guardian was adjudged in contempt for publishing an editorial which asserted that the 1944 Bar Examinations were conducted in a farcical manner after the question of the validity of the said examinations had been resolved and the case closed. Virtually, this was an adoption of the view expressed by Chief Justice Moran in his dissent in Alarcon to the effect that them may still be contempt by publication even after a case has been terminated. Said Chief Justice Moran in Alarcon: A publication which tends to impede, obstruct, embarrass or influence the courts in administering justice in a pending suit or proceeding, constitutes criminal contempt which is 'summarily punishable by courts. A publication which tends to degrade the courts and to destroy public confidence in them or that which tends to bring them in any way into disrepute, constitutes likewise criminal contempt, and is equally punishable by courts. What is sought, in the first kind of contempt, to be shielded against the influence of newspaper comments, is the all- important duty of the courts to administer justice in the decision of a pending case. In the second kind of contempt, the punitive hand of justice is extended to vindicate the courts from any act or conduct calculated to bring them into disfavor or to destroy public confidence in them. In the first there is no contempt where there is no action pending, as there is no decision which might in any way be influenced by the newspaper publication. In the second, the contempt exists, with or without a pending case, as what is sought to be protected is the court itself and its dignity. Courts would lose their utility if public confidence in them is destroyed. Accordingly, no comfort is afforded Atty. Almacen by the circumstance that his statements and actuations now under consideration were made only after the judgment in his client's appeal had attained finality. He could as much be liable for contempt therefor as if it had been perpetrated during the pendency of the said appeal. More than this, however, consideration of whether or not he could be held liable for contempt for such post litigation utterances and actuations, is here immaterial. By the tenor of our Resolution of November 17, 1967, we have confronted the situation here presented solely in so far as it concerns Atty. Almacen's professional identity, his sworn duty as a lawyer and his fitness as an officer of this Court, in the exercise of the disciplinary power the morals inherent in our authority and duty to safeguard and ethics of the legal profession and to preserve its ranks from the intrusions of unprincipled and unworthy disciples of the noblest of callings. In this inquiry, the pendency or non- pendency of a case in court is altogether of no consequence. The sole objective of this proceeding is to preserve the purity of the legal profession, by removing or suspending a member whose misconduct has proved himself unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney. Undoubtedly, this is well within our authority to do. By constitutional mandate, 22 our is the solemn duty, amongst others, to determine the rules for admission to the practice of law. Inherent in this prerogative is the corresponding authority to discipline and exclude from the practice of law those who have proved themselves unworthy of continued membership in the Bar. Thus The power to discipline attorneys, who are officers of the court, is an inherent and incidental power in courts of record, and one which is essential to an orderly discharge of judicial functions. To deny its existence is equivalent to a declaration that the conduct of attorneys towards courts and clients is not subject to restraint. Such a view is without support in any respectable authority, and cannot be tolerated. Any court having the right to admit attorneys to practice and in this state that power is vested in this court-has the inherent right, in the exercise of a sound judicial discretion to exclude them from practice. 23
This, because the admission of a lawyer to the practice of law is a representation to all that he is worthy of their confidence and respect. So much so that ... whenever it is made to appear to the court that an attorney is no longer worthy of the trust and confidence of the public and of the courts, it becomes, not only the right, but the duty, of the court which made him one of its officers, and gave him the privilege of ministering within its bar, to withdraw the privilege. Therefore it is almost universally held that both the admission and disbarment of attorneys are judicial acts, and that one is admitted to the bar and exercises his functions as an attorney, not as a matter of right, but as a privilege conditioned on his own behavior and the exercise of a just and sound judicial discretion. 24
Indeed, in this jurisdiction, that power to remove or suspend has risen above being a mere inherent or incidental power. It has been elevated to an express mandate by the Rules of Court. 25
Our authority and duty in the premises being unmistakable, we now proceed to make an assessment of whether or not the utterances and actuations of Atty. Almacen here in question are properly the object of disciplinary sanctions. The proffered surrender of his lawyer's certificate is, of course, purely potestative on Atty. Almacen's part. Unorthodox though it may seem, no statute, no law stands in its way. Beyond making the mere offer, however, he went farther. In haughty and coarse language, he actually availed of the said move as a vehicle for his vicious tirade against this Court. The integrated entirety of his petition bristles with vile insults all calculated to drive home his contempt for and disrespect to the Court and its members. Picturing his client as "a sacrificial victim at the altar of hypocrisy," he categorically denounces the justice administered by this Court to be not only blind "but also deaf and dumb." With unmitigated acerbity, he virtually makes this Court and its members with verbal talons, imputing to the Court the perpetration of "silent injustices" and "short-cut justice" while at the same time branding its members as "calloused to pleas of justice." And, true to his announced threat to argue the cause of his client "in the people's forum," he caused the publication in the papers of an account of his actuations, in a calculated effort ;to startle the public, stir up public indignation and disrespect toward the Court. Called upon to make an explanation, he expressed no regret, offered no apology. Instead, with characteristic arrogance, he rehashed and reiterated his vituperative attacks and, alluding to the Scriptures, virtually tarred and feathered the Court and its members as inveterate hypocrites incapable of administering justice and unworthy to impose disciplinary sanctions upon him. The virulence so blatantly evident in Atty. Almacen's petition, answer and oral argumentation speaks for itself. The vicious language used and the scurrilous innuendoes they carried far transcend the permissible bounds of legitimate criticism. They could never serve any purpose but to gratify the spite of an irate attorney, attract public attention to himself and, more important of all, bring ;this Court and its members into disrepute and destroy public confidence in them to the detriment of the orderly administration of justice. Odium of this character and texture presents no redeeming feature, and completely negates any pretense of passionate commitment to the truth. It is not a whit less than a classic example of gross misconduct, gross violation of the lawyer's oath and gross transgression of the Canons of Legal Ethics. As such, it cannot be allowed to go unrebuked. The way for the exertion of our disciplinary powers is thus laid clear, and the need therefor is unavoidable. We must once more stress our explicit disclaimer of immunity from criticism. Like any other Government entity in a viable democracy, the Court is not, and should not be, above criticism. But a critique of the Court must be intelligent and discriminating, fitting to its high function as the court of last resort. And more than this, valid and healthy criticism is by no means synonymous to obloquy, and requires detachment and disinterestedness, real qualities approached only through constant striving to attain them. Any criticism of the Court must, possess the quality of judiciousness and must be informed -by perspective and infused by philosophy. 26
It is not accurate to say, nor is it an obstacle to the exercise of our authority in ;the premises, that, as Atty. Almacen would have appear, the members of the Court are the "complainants, prosecutors and judges" all rolled up into one in this instance. This is an utter misapprehension, if not a total distortion, not only of the nature of the proceeding at hand but also of our role therein. Accent should be laid on the fact that disciplinary proceedings like the present are sui generis. Neither purely civil nor purely criminal, this proceeding is not and does not involve a trial of an action or a suit, but is rather an investigation by the Court into the conduct of its officers. 27 Not being intended to. inflict punishment, it is in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein It may be initiated by the Court motu proprio. 28 Public interest is its primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have proved themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. 29 In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Undeniably, the members of the Court are, to a certain degree, aggrieved parties. Any tirade against the Court as a body is necessarily and inextricably as much so against the individual members thereof. But in the exercise of its disciplinary powers, the Court acts as an entity separate and distinct from the individual personalities of its members. Consistently with the intrinsic nature of a collegiate court, the individual members act not as such individuals but. only as a duly constituted court. Their distinct individualities are lost in the majesty of their office. 30 So that, in a very real sense, if there be any complainant in the case at bar, it can only be the Court itself, not the individual members thereof as well as the people themselves whose rights, fortunes and properties, nay, even lives, would be placed at grave hazard should the administration of justice be threatened by the retention in the Bar of men unfit to discharge the solemn responsibilities of membership in the legal fraternity. Finally, the power to exclude persons from the practice of law is but a necessary incident of the power to admit persons to said practice. By constitutional precept, this power is vested exclusively in this Court. This duty it cannot abdicate just as much as it cannot unilaterally renounce jurisdiction legally invested upon it. 31 So that even if it be conceded that the members collectively are in a sense the aggrieved parties, that fact alone does not and cannot disqualify them from the exercise of that power because public policy demands that they., acting as a Court, exercise the power in all cases which call for disciplinary action. The present is such a case. In the end, the imagined anomaly of the merger in one entity of the personalities of complainant, prosecutor and judge is absolutely inexistent. Last to engage our attention is the nature and extent of the sanctions that may be visited upon Atty. Almacen for his transgressions. As marked out by the Rules of Court, these may range from mere suspension to total removal or disbarment. 32 The discretion to assess under the circumstances the imposable sanction is, of course, primarily addressed to the sound discretion of the Court which, being neither arbitrary and despotic nor motivated by personal animosity or prejudice, should ever be controlled by the imperative need that the purity and independence of the Bar be scrupulously guarded and the dignity of and respect due to the Court be zealously maintained. That the misconduct committed by Atty. Almacen is of considerable gravity cannot be overemphasized. However, heeding the stern injunction that disbarment should never be decreed where a lesser sanction would accomplish the end desired, and believing that it may not perhaps be futile to hope that in the sober light of some future day, Atty. Almacen will realize that abrasive language never fails to do disservice to an advocate and that in every effervescence of candor there is ample room for the added glow of respect, it is our view that suspension will suffice under the circumstances. His demonstrated persistence in his misconduct by neither manifesting repentance nor offering apology therefor leave us no way of determining how long that suspension should last and, accordingly, we are impelled to decree that the same should be indefinite. This, we are empowered to do not alone because jurisprudence grants us discretion on the matter 33 but also because, even without the comforting support of precedent, it is obvious that if we have authority to completely exclude a person from the practice of law, there is no reason why indefinite suspension, which is lesser in degree and effect, can be regarded as falling outside of the compass of that authority. The merit of this choice is best shown by the fact that it will then be left to Atty. Almacen to determine for himself how long or how short that suspension shall last. For, at any time after the suspension becomes effective he may prove to this Court that he is once again fit to resume the practice of law. ACCORDINGLY, IT IS THE SENSE of the Court that Atty. Vicente Raul Almacen be, as he is hereby, suspended from the practice of law until further orders, the suspension to take effect immediately. Let copies of this resolution. be furnished the Secretary of Justice, the Solicitor General and the Court of Appeals for their information and guidance. Concepcion,. C.J., Reyes, J.B.L., Dizon, Makalintal, Zaldivar, Sanchez, Teehankee, Barredo and Villamor JJ., concur. Fernando, J., took no part.
Republic of the Philippines SUPREME COURT Manila SECOND DIVISION A.M. No. AC 4762 June 28, 2004 LINDA VDA. DE ESPINO, complainant, vs. ATTY. PEPITO C. PRESQUITO, respondent. R E S O L U T I O N PUNO, J .: On June 9, 1997, Linda Vda. de Espino wrote a letter-complaint 1 with the then Court Administrator Alfredo Benipayo, charging respondent Atty. Pepito C. Presquito, a member of the Integrated Bar of the Philippines (IBP), Misamis Oriental Chapter, for "having employed fraud, trickery and dishonest means in refusing to honor and pay [her] late husband Virgilio Espino, when he was still alive, the sum of P763,060.00." According to complainant, respondents unlawful refusal and dilatory tactics partly triggered the death of her husband, who died "disillusioned and embittered." 2 The letter- complaint and affidavit also alleged that notwithstanding the numerous oral demands by Mr. Espino and complainant (after the death of Mr. Espino), respondent still refused to pay the amount represented by the eight checks which had all been dishonored. Complainant surmised that Atty. Presquitos refusal to pay may be due to his reliance on the influence of his father-in-law, a former Executive Judge of the RTC (Cagayan de Oro), and of his uncle, an RTC judge (Cagayan de Oro). The records show that sometime in September 1995, respondent was introduced to complainants late husband, Mr. Virgilio M. Espino. Mr. Espino, a resident of Davao City, had sought the assistance of respondent, a resident of Cagayan de Oro, regarding the sale of his piece of land with an area of 11,057.59 sq.m. situated in Misamis Oriental. The discussion between Mr. Espino and the respondent resulted in the sale of the property to respondent. 3
Under the terms of the agreement between Mr. Espino and respondent, 4 the purchase price of the land was P1,437,410.00, payable on a staggered basis and by installments. 5 Pursuant to the terms of payment in the agreement, respondent issued eight post-dated checks, totaling P736,060.00. 6
Respondent then entered into a joint venture or partnership agreement with Mrs. Guadalupe Ares for the subdivision of the land into home-size lots and its development, with a portion of the land retained by respondent for his own use. 7 The land was eventually titled in the name of respondent and Mrs. Ares, and subdivided into 35 to 36 lots. Meanwhile, the eight post-dated checks issued by respondent were all dishonored. Mr. Espino made repeated demands for payment from respondent but the latter refused. Mr. Espino died in December 1996. His widow, complainant, then tried to collect from respondent the value of the eight checks. When complainants numerous pleas remained unheeded, she filed the complaint in June 1997. In his comment dated September 22, 1997, respondent denied any wrongdoing, and said that the allegations that he had employed "fraud, trickery and dishonest means" with the late Mr. Espino were totally false and baseless. The complaint, according to respondent, stemmed from complainants lack of knowledge as to "the real story" of the transaction between complainants husband and respondent. He also vehemently took exception to the imputation that he was banking on the influence of his father-in-law and uncle-in-law. Respondent does not deny the issuance of the eight checks. What respondent claims, however, is that the nonpayment was justified by the unresolved problems he and Mrs. Ares have with respect to the right-of-way of the land. He alleged that Mr. Espino had made assurances that the land had a right-of- way required for its development, but respondent later found out that such road-right-of-way required the consent of four other land owners, and the expense would be considerably more than he was made to believe. According to respondent, he and Mr. Espino had agreed that the latter would not encash the checks or demand the equivalent of the same until the right-of-way problem of the land had been resolved. 8 Respondents position is that until the problem of obtaining a right-of-way to the land has been resolved, nothing has yet accrued against him or Mrs. Ares (his partner), as it would be "very unfair and unjust" for them to pay Mr. Espino when the land could not be developed and sold. 9
Respondent also alleged that he was entitled to set- off against the amount he owes Mr. Espino or his heirs from the purchase of the land, the advances he made to Mr. Espino, and the cost he incurred when he defended Mr. Espinos son in a criminal case. He later on manifested that he has fully paid the portion of the land which had been titled in his name through the same advances and incurred expenses. 10
In a resolution dated November 26, 1997, 11 the case was referred to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation/decision, and assigned to the IBP- Commission on Bar Discipline (CBD). In the IBP-CBD report dated November 12, 2002, 12
Investigating Commissioner Caesar R. Dulay found that "the facts and credible evidence made available in this case indubitably establish respondents failure to live up to the demands of the Lawyers Code of Professional Responsibility and the Canons of Professional Ethics." For having failed to act with candor and fairness toward complainant, Commissioner Dulay recommended that respondent be suspended from the practice of law for six (6) months, and ordered to immediately account with complainant regarding the sale of the piece of land which had been subdivided in the name of respondent and his business partner. On June 21, 2003, the Board of Governors of the IBP passed a Resolution adopting/approving the Report and Recommendation of Commissioner Dulay, finding that "respondents lack of fairness and candor and honesty [was] in violation of Rule 1.01 of the Code of Professional Responsibility." After a careful consideration of the record of the instant case, we agree that respondent was wanting in fairness, candor and honesty demanded of him by the Lawyers Code of Professional Responsibility and the Canons of Professional Ethics. We find, however, the recommended penalty of six (6) months suspension too light considering respondents gross misconduct. Complainants testimony and exhibits have clearly established that: (1) there was an agreement between respondent and complainants late husband for the sale of the latters land; (2) respondent had issued the eight checks in connection with said agreement; (3) these checks were dishonored and remain unpaid; and (4) the land sold had an existing road-right-of-way. Complainants exhibits were formally offered as early as January 6, 1999, 13 and were admitted without objections from respondent. 14
In the face of these uncontroverted facts, it was incumbent upon respondent to prove a legal excuse or defense for nonpayment of the eight checks. Respondent utterly failed in this regard. From the termination of complainants presentation of evidence on December 1998 until Commissioner Dulays report on November 12, 2002, the records show that respondent was unable to present evidence - either testimonial or documentary - to prove that he had legal cause to refuse payment, or that he was entitled to legal compensation. Even respondents own statements - which, without corroborating evidence, remain mere self-serving allegations - fall short of testimony, as he failed to submit to cross-examination by opposing counsel or for clarificatory questions by the IBP-CBD. Worse, respondent attached eighteen documents to his comment, but only went so far as to mark (without a formal offer) the agreement between him and Mr. Espino (for the sale of the land), and the partnership agreement between him and Mrs. Ares. Thus, respondent had no evidence other than his own allegations. Respondents failure to present evidence is a breach of Rule 12.01 of the Code of Professional Responsibility, 15 especially in the light of the numerous postponements and resettings he requested for and was granted with, on the ground that he needed more time to prepare his evidence. We note that respondent was first scheduled to present his evidence on December 14, 1998. Two years - five resettings, and three orders submitting the case for resolution - later, respondent still had not proffered testimonial or documentary evidence. Respondent claims that his failure to present evidence was due to his financial difficulties, i.e., he could not afford to spend for travel expenses of his witnesses. 16 We are not persuaded. First, it boggles the mind how financial constraints could have prevented respondent from presenting the originals of the documents attached to his comment, proving, among others, the alleged advances and costs on Mr. Espinos behalf. The originals of these documents are presumably in his possession. Second, with respect to the absence of testimony, respondent could have submitted the affidavits of his witnesses - the taking of which he could have done himself in Cagayan de Oro to keep down the cost. The records are clear that he was allowed this option. 17 But he did neither. All these circumstances lead us to the ineluctable conclusion that respondent could not present evidence because there really was none to justify his nonpayment. 18
Even if we were to excuse respondents procedural lapse and consider his written pleadings as testimony, we agree with Commissioner Dulay that respondents problems with respect to the right-of- way or his partnership with Mrs. Ares do not excuse his nonpayment. As stated in the IBP-CBD report: [T]he solution to the right-of-way problem however clearly lies in the hands of respondent.We note that respondent has already taken title over the property together with Guadalupe Ares by making complainants late husband, sign over the property by way of the Deed of Sale. We therefore find respondents position vis--vis the widowed complainant sneaky and unfair. We reiterate that respondent has assumed responsibility for the negotiations on the road-right-of-way and was aware of the problem. To [sic] our mind he has used the alleged road-right-of-way problem only as an afterthought and a reason to delay and in fact deny the complainant payment of what is due her. Respondent also alleges and blames the deceased husband of complainant for the failed project but the facts show otherwise. They are just bare allegations and remain unsubstantiated. Besides, respondent and Ares took risks in the business venture and are now the titled owners of the property. The seller cannot be blamed for any failure in the project. Respondents actuations in the whole transaction is [sic] not at par with the standards demanded of him as a member of the bar. Respondent is lacking in fairness and candour [sic] and honesty. The fact that he has unreasonably delayed and failed to account with complainant for a long time and the fact of his having allowed the checks he issued to bounce is [sic] unacceptable and censurable behavior for a member of the bar. 19
[citations omitted] Having no legal defense to refuse payment of the eight dishonored checks, respondents indifference to complainants entreaties for payment was conduct unbecoming of a member of the bar and an officer of the court. Respondent violated the Code of Professional Responsibility by his unlawful, dishonest and deceitful conduct towards complainant and her late husband, 20 first by allowing the eight (8) checks he issued to bounce, then by ignoring the repeated demands for payment until complainant was forced to file this complaint, and finally by deliberately delaying the disposition of this case with dilatory tactics. Considering that the property of complainant and her late husband is already in respondent and Mrs. Ares name, the injustice of respondents different maneuvers to evade payment of the eight checks - due and unpaid since 1996 - becomes more manifest. It should be stressed that respondent issued eight (8) worthless checks, seemingly without regard to its deleterious effects to public interest and public order. We have already declared, most recently in Lao v. Medel, 21 that the issuance of worthless checks constitutes gross misconduct, and puts the erring lawyers moral character in serious doubt, though it is not related to his professional duties as a member of the bar. 22 He not only sets himself liable for a serious criminal offense under B.P. Blg. 22, but also transgresses the Code of Professional Responsibility, specifically the mandate of Canon 1 to obey the laws of the land and promote the respect for law. It behooves respondent to remember that a lawyer may be suspended or disbarred for any misconduct, even if it pertains to his private activities, as long as it shows him to be wanting in moral character, honesty, probity or good demeanor. Possession of good moral character is not only a good condition precedent to the practice of law, but a continuing qualification for all members of the bar. 23 A lawyer may be disciplined for any conduct, in his professional or private capacity, that renders him unfit to continue to be an officer of the court. 24 Thus, the Code of Professional Responsibility provides: Rule 1.01 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. x x x x x x x x x Rule 7.03 A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. Given the foregoing, and in line with jurisprudence involving lawyers who issued worthless checks - Lao v. Medel, 25 Co v. Bernardino, 26 and Ducat v. Villalon, Jr., 27 - we find respondents reprehensible conduct warrants suspension from the practice of law for one (1) year. WHEREFORE, respondent ATTY. PEPITO C. PRESQUITO is found guilty of gross misconduct and is hereby suspended from the practice of law for one (1) year, and ordered to immediately account with complainant regarding the sale of the piece of land, which has been subdivided in the name of respondent and his business partner. Let a copy of this decision be spread in his file at the Office of the Bar Confidant and of the Integrated Bar of the Philippines. SO ORDERED. Quisumbing * , Austria-Martinez, Callejo, Sr., and Tinga, JJ., concur.
EN BANC [A.C. No. 5469. August 10, 2004] RICARDO A. FORONDA, complainant, vs. ATTY. ARNOLD V. GUERRERO, respondent. D E C I S I O N CALLEJO, SR., J.: The instant disbarment case arose when Ricardo A. Foronda, acting as attorney-in-fact for Ramona Patricia Alcaraz and Concepcion D. Alcaraz, filed a verified Letter-Complaint dated June 29, 2001 with the Office of the Bar Confidant charging Atty. Arnold V. Guerrero with abusing procedural rules to defeat the ends of substantial justice by filing appeals, complaints and petitions to frustrate and delay the execution of a judgment. The Antecedents The complainant alleged that his principals, Ramona and Concepcion Alcaraz, filed Civil Case No. Q-44134 entitled Concepcion Alcaraz, et al. v. Romeo Coronel, et al. for specific performance and damages before the Regional Trial Court of Quezon City, Branch 83. The case involved a parcel of land which the defendants therein sold to the Alcarazes, and, thereafter, while the case was pending, to Catalina Balais-Mabanag. Assisted by her husband Eleuterio Mabanag, and with the respondent as their lawyer, Catalina intervened in the case. On March 1, 1989, the RTC rendered a Decision in favor of the plaintiffs, the dispositive portion of which reads: WHEREFORE, judgment for specific performance is hereby rendered ordering defendant to execute in favor of plaintiffs a deed of absolute sale covering that parcel of land embraced in and covered by Transfer Certificate of Title No. 327403 (now TCT No. 331582) of the Registry of Deeds of Quezon City, together with all the improvements existing thereon, free from all liens and encumbrances and once accomplished, to immediately deliver said document of sale to plaintiffs, and upon receipt thereof, the plaintiffs are ordered to pay defendants the whole balance of the purchase price amounting to P1,190,000.00 in cash. Transfer Certificate of Title No. 331582 of the Registry of Deeds of Quezon City in the name of intervenor is hereby cancelled and declared to be without any force and effect. Defendants and intervenor, and all other persons claiming under them, are hereby ordered to vacate the subject property and deliver possession thereof to plaintiffs. Plaintiffs claim for damages and attorneys fees, as well as the counterclaims of defendants and intervenors, are hereby dismissed. No pronouncement as to costs. So ordered. The Mabanag Spouses, through the respondent as their counsel, appealed the decision to the Court of Appeals, docketed as CA-G.R. CV No. 23000. In its Decision promulgated on December 16, 1991, the Court of Appeals affirmed the decision of the RTC in toto. Unsatisfied with the judgment of the appellate court, the respondent elevated the matter to this Court, docketed as G.R. No. 103577. The petition for review was dismissed, and the judgment appealed from was, likewise, affirmed in toto in the Courts Decision dated October 7, 1996. The Court found that the questioned sale of the parcel of land between therein petitioners and Mabanag on February 18, 1985 was correctly upheld by both courts below. Thereafter, according to the complainant, the respondent, acting for and in behalf of his clients, the Mabanag Spouses, filed several cases questioning the ruling of the Court in G.R. No. 103577. The complainant contended that the multiple pleadings and actions pursued by the respondent indicate that he violated his oath as an officer of the court and breached the Code of Professional Responsibility for Lawyers. The complainant thereafter prayed that the instant complaint be referred to the Integrated Bar of the Philippines for proper investigation and action. The Respondents Defense The respondent, for his part, filed a Motion to Cite Complainant and Counsel in Contempt Without Prejudice to Disciplinary Action Against Counsel, alleging that in an attempt to cause disrepute, dishonor and to cast aspersion on him, the complainants counsel virtually published and made known publicly the instant administrative case against him by filing a Manifestation in Civil Case No. Q-01-43396 before the Regional Trial Court of Quezon City, Branch 80. According to the respondent, this grossly violated the confidentiality in administrative proceedings. In his Comment, the respondent did not deny that the decision in Civil Case No. Q-44134 was already final and executory, as it had already been affirmed by the Court of Appeals and the Supreme Court in their respective decisions. The respondent put forth the following arguments to justify the dismissal of the instant complaint: A. THE SUBSEQUENT CASES FILED INVOLVED LEGITIMATE AND VALID RESORT TO JUDICIAL PROCESSES AND REMEDIES; HENCE, THERE IS NO BASIS FOR THE CHARGE THAT THE RESPONDENT COUNSEL HAS ABUSED PROCEDURAL PROCESSES TO DEFEAT THE ENDS OF SUBSTANTIAL JUSTICE. B. THE COMPLAINT MUST AND SHOULD BE DISMISSED ON THE GROUND OF FORUM SHOPPING AND VIOLATION OF SECTION 5, RULE 7 OF THE 1997 RULES OF CIVIL PROCEDURE. C. THIS ADMINISTRATIVE CASE IS PREMATURE CONSIDERING THAT THE MATTERS RAISED THEREIN ARE STILL ISSUES TO BE RESOLVED IN PENDING CASES; HENCE, ITS OUTRIGHT DISMISSAL IS APPROPRIATELY CALLED FOR AND WARRANTED. The respondent was vehement in denying that he abused legal processes and remedies, as the issues raised in the subsequent actions he filed were valid and meritorious, the resolution of which were indispensable for the orderly administration of justice. Thus: It is basic that a counsel may resort to all legal reliefs and remedies available and to invoke all pertinent provisions of the law and rules, to protect the interest of a client in order that justice may be done and duly administered. In fact, it is not only the right of a counsel to do so but rather, it is his bounden and sacred obligation as an officer of the court and as an advocate who is tasked to protect the interest of a client within the bounds of law.
Thus, in Civil Case No. Q-91-31268, with the Regional Trial Court of Quezon City, which is the first complaint, what was challenged therein is the eligibility of Ramona Patricia Alcaraz, to own urban commercial lands, within the ambit of Batas Pambansa Blg. 185, considering that she is not a Filipino citizen or at least, she does not appear nor was she alleged to be so. Evidently, therefore, this is not intended to forestall the execution of the judgment which must be executed, pursuant to the rules that is, in accordance with the dispositive portion thereof. Otherwise stated, the execution, if it must be undertaken, must be made in accordance with and consistently (sic) the dispositive portion thereof. It is well settled that execution must conform to that ordained or decreed in the dispositive portion of the decision. As shown in the earlier narrations, the foregoing case is presently on appeal with the Honorable Court of Appeals and is still pending thereat, up to the present. With regards to the petition for certiorari filed with the Honorable Court of Appeals, docketed thereat as CA-G.R. SP No. 4770 (sic), whereby a decision was already rendered and such decision is already final and executory, the issues therein disposed as raised, pertinently pertained to the questioned and assailed Orders of the trial court which granted the writ of execution, upon motion of parties who are purportedly the principals of the complainant and his counsel. After the denial of the said petition and the finality of the judgment of such denial, partial execution ensued and was not of course, even attempted to be forestalled by the herein respondent counsel and his clients. However, the execution being undertaken later on was shown to have been exceeded when, despite the fact that there is no showing that the parties who were supposed to execute a deed of absolute sale pursuant to the dispositive portion of the subject decision being sought to be implemented, had refused or at least failed, after demand, to so execute and perform the foregoing acts, the trial court ordered its branch clerk of court to perform the said acts. In fact, it was pointed out that it does not even appear that the other parties whose acts are sought, were already served with the writ of execution; hence, the trial courts act was without basis and/or premature. Nevertheless, the trial courts branch clerk of court notwithstanding, proceeded as in fact, executed the deed of absolute sale in favor of the Alcarazes. This act of the trial court, with due respect, unduly created chaos and confusion, which are antithetical to its function for an orderly administration of justice and the fair approximation thereof. The matter was, thereafter, complicated further, when despite the fact that the citizenships of the Alcarazes were not indicated in the deed of absolute sale which appears to have been presented with the Register of Deeds of Quezon City, the said Register of Deeds cancelled the title of the client of the herein respondent counsel and issued a new title over the subject property in favor of the Alcarazes and in order to validate and to give a semblance of legality or color to the validity of the issuance of the said title, by making it appear that the Alcarazes are Filipino citizens, ALTHOUGH THERE IS NO INDICATION OF THEIR CITIZENSHIP IN THE SUBJECT DEED OF ABSOLUTE SALE, nevertheless, indicated in the new title that the Alcarazes are Filipinos. Thus, the herein respondent counsel, in behalf of his client and to protect their interest, this time, was constrained to institute a petition with the Honorable Court of Appeals, docketed as CA-G.R. SP No. 55576, whereby they assailed the jurisdiction of the trial judge in decreeing the foregoing execution of acts not included in the disposition portion of the decision being sought to be executed and to perform acts within the exclusive competence and direction of the Register of Deeds pursuant to Providential Decree No. 1529, otherwise known as the Board Registration Decree. This case is still pending with the Honorable Court of Appeals up to the present; hence, it is misleading for the complainant to even insinuate that a decision thereon is already final, which, of course, as shown in the earlier discussions, are farthest from the truth. While all of the foregoing issues were still pending as they are still pending up to the present, the complainant and counsel, purportedly sold and transferred the subject property, using the title being assailed and questioned in CA-G.R. SP No. 55576, to a third person, one Emelita Mariano, with the purported deed of absolute sale being notarized by the same counsel of the herein complainant, Atty. Oscar R. Ferrer, who is representing the Alcarazes in the abovesaid cases; hence, he cannot feign ignorance of the pendency of the said cases and the issues involved therein which cast questions on the said title and, thus, rendered the purported transfer or sale fatally defective. True to his duty to his client and as an officer of the court and in order to maintain the integrity, dignity and orderliness in the administration of justice, herein respondent counsel, filed in behalf of his client, the Complaint in Civil Case No. Q-01-43396, on February 15, 2001, with the Regional Trial Court of Quezon City, for the annulment of the title issued in favor of the third person, Emelita L. Mariano, for the annulment of the Deed of Absolute Sale to her and Damages with prayer for a temporary restraining order and/or writ of preliminary injunction. When no temporary restraining order and/or writ of preliminary injunction were issued by the trial court, herein respondent counsel, in behalf of his client, availed of the legally available remedy of a special civil action of certiorari, assailing on jurisdictional/grave abuse of discretion grounds, the refusal and/or failure of the trial court to issue the prayed for preliminary injunctive reliefs, among others. Thus, respondent, as counsel for his client, filed with the Honorable Court of Appeals, on July 24, 2001, a petition for certiorari and prohibition with prayer for a temporary restraining order and/or writ of preliminary injunction, docketed as CA-G.R. SP No. 65783, which is still pending resolution of the said Honorable Court up to the present. The respondent also alleged that the complainants failure to disclose the pendency of Civil Case No. Q-01-43396 in the certification against non-forum shopping in the case at bar was in gross violation of Section 5, Rule 7 of the 1997 Rules of Civil Procedure. Because of this, the respondent reasoned, the complaint should be dismissed. Finally, the respondent averred that the instant administrative case is premature, considering that there are still issues to be resolved in the pending cases. As such, no cause of action could accrue against him. The respondent prayed that the complaint be dismissed for utter and palpable lack of merit. In his Compliance and Comment, the complainant asserted that there was no malice nor inaccuracy resorted to in the filing of the complaint against the respondent. The complainant averred that he was constrained to file the instant complaint out of exasperation, if not desperation, upon the instruction of his principals, so as to stop the respondent from continuing with his dilatory and obstructionist strategies to deprive them of their rights already confirmed by the courts, from the RTC to the Supreme Court. Thus: In order to stall the execution of the favorable decision obtained by my principals Concepcion Alcaraz and her daughter Ramona Patricia Alcaraz as early as March 1, 1989, in Civil Case No. Q- 44134, respondent acting in behalf of his clients, went to this Court three (3) times in said case and several times also to the Court of Appeals on appeals, petitions for certiorari, etc. Although respondent admits the fact that the subject decision of the court a quo is already final and executory, he insists that the issues in the other cases are indeed different. He argues in his comment that the issue in his petition (Annex 2 to Comment) pertained to the issuance of a writ of execution to implement the abovesaid final and executory decision. This is plain hair-splitting aimed to muddle the issues and ultimately mislead the Honorable Court. The Recommendation of the Integrated Bar Of The Philippines (IBP) Commission On Bar Discipline On October 25, 2003, the IBP Board of Governors passed Resolution No. XVI-2003-237, finding that the foregoing recommendation of the Commissioner was fully supported by the records, as well as the applicable laws. The Board found that the respondent violated Rule 12.02 of the Code of Professional Responsibility, and recommended his suspension for one (1) year. The Courts Ruling At the outset, the Court would like to stress that administrative cases against lawyers belong to a class of their own. As we held in the leading case of In re Almacen: Neither purely civil not purely criminal, they do not involve a trial of an action or a suit, but are rather investigations by the Court into the conduct of one of its officers. Not being intended to inflict punishment, [they are] in no sense a criminal prosecution. Accordingly, there is neither a plaintiff nor a prosecutor therein. [They] may be initiated by the Court motu proprio. Public interest is [their] primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. . As such, the instant complaint cannot be dismissed as prayed for by the respondent. We agree that the respondent is administratively liable. The respondent, by his own admission, filed multifarious petitions, motions and actions concerning the sale of the property in question, after the Court already ruled in G.R. No. 103577 that the said sale was correctly upheld by both the trial and appellate courts. He, thereafter, filed two other initiatory pleadings before the RTC of Quezon City, namely, Civil Case No. Q-97-31268 and Civil Case No. Q-01-43396. The same matter subject of the original complaint was elevated to the Court of Appeals no less than four (4) times: CA-G.R. CV No. 65124, CA-G.R. SP No. 65783, CA-G.R. CV No. 75911, and CA-G.R. SP No. 55576. And from there, the matter was again brought before this Court twice: G.R. No. 135820 and G.R. No. 153142. We concur with the following observations made by IBP Commissioner Rebecca Villanueva-Maala in her Report and Recommendation dated October 3, 2003: The issue being raised by the respondent on behalf of his clients in all the complaints, appeals, petitions and motions he has filed is the question of non- eligibility of Ramona Alcaraz to acquire property in the Philippines and the nullity of the sale between Alcaraz and the Coronels. These issues have already been passed upon and upheld by both the Court of Appeals and the Supreme Court. In the case docketed as CA-G.R. SP No. 65783, the First Division of the Court of Appeals observed that Mabanags counsel, (respondent herein) has questioned the non-eligibility of Ramona Alcaraz to acquire property in the Philippines for the nth time although as early as 30 July 1998, the Court of Appeals in CA-G.R. SP No. 47710 had already affirmed the lower courts ruling that the petitioner is not the proper party to question the eligibility of Alcaraz to own property in the Philippines. The petition for review on certiorari before the Supreme Court in G.R. No. 135820 upheld the right of Ramona Alcaraz as one of the vendees in the deed of sale. The Supreme Court passed judgment on her capacity to buy the property. The issue was recycled in CA-G.R. SP No. 55576, Entry of Judgment was already issued by the Supreme Court on 2 January 1997. However, petitioner has succeeded for more than five (5) years now to hold at bay the full implementation of the judgment in point. Likewise, in dismissing the complaint filed by respondent on behalf of his client before RTC QC Branch 83 docketed as Case No. Q-97-31268 entitled Mabanag vs. Patricia Ramona Alcaraz, et. al. to declare Patricia Alcaraz ineligible to acquire real property, the court observed that for failure of the plaintiffs to get a favorable decision of the earlier case, they tried to prevent the execution by disqualifying herein defendant. (Emphasis ours). In the case docketed as CA-G.R. SP [No.] 65783, a pertinent portion of the Court of Appeals decision reads While lawyers owe (sic) entire devotion to the interest of their clients right, they should not forget that they are officers of the court bound to exert every effort to assist in the speedy and efficient administration of justice they should not, therefore, misuse the rules of procedure to defeat the ends of justice or unduly delay a case, impede the execution of a judgment or misuse the court processes (Eternal Gardens Memorial Park Corporation vs. Court of Appeals, 293 SCRA 622). It has, thus, been clearly established that in filing such numerous petitions in behalf of his client, the respondent thereby engaged in forum shopping. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. It exists when, as a result of an adverse opinion in one forum, a party seeks a favorable opinion in another, or when he institutes two or more actions or proceedings grounded on the same cause to increase the chances of obtaining a favorable decision. An important factor in determining the existence of forum shopping is the vexation caused to the courts and the parties- litigants by the filing of similar cases to claim substantially the same reliefs. Indeed, while a lawyer owes fidelity to the cause of his client, it should not be at the expense of truth and the administration of justice. Under the Code of Professional Responsibility, a lawyer has the duty to assist in the speedy and efficient administration of justice, and is enjoined from unduly delaying a case by impeding execution of a judgment or by misusing court processes. Such filing of multiple petitions constitutes abuse of the Courts processes and improper conduct that tends to impede, obstruct and degrade the administration of justice and will be punished as contempt of court. Needless to add, the lawyer who files such multiple or repetitious petitions (which obviously delays the execution of a final and executory judgment) subjects himself to disciplinary action for incompetence (for not knowing any better) or for willful violation of his duties as an attorney to act with all good fidelity to the courts, and to maintain only such actions as appear to him to be just and are consistent with truth and honor. We note that while lawyers owe their entire devotion to the interest of their clients and zeal in the defense of their clients right, they should not forget that they are, first and foremost, officers of the court, bound to exert every effort to assist in the speedy and efficient administration of justice. In filing multiple petitions before various courts concerning the same subject matter, the respondent violated Canon 12 of the Code of Professional Responsibility, which provides that a lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. He also violated Rule 12.02 and Rule 12.04 of the Code, as well as a lawyers mandate to delay no man for money or malice. We find that the IBPs recommended penalty of one years suspension from the practice of law is not commensurate to the respondents transgression. He shall thus be meted a two-year suspension from the practice of law, effective immediately. WHEREFORE, for trifling with judicial processes by resorting to forum shopping, respondent Atty. Arnold V. Guerrero is hereby SUSPENDED from the practice of law for a period of Two (2) Years. The respondent is DIRECTED to inform the Court of the date of his receipt of this Decision. Let a copy of this Decision be included in the respondents files which are with the Office of the Bar Confidant, and circularized to all courts and to the Integrated Bar of the Philippines. SO ORDERED. Davide, Jr., C.J., Puno, Panganiban, Quisumbing, Ynares-Santiago, Carpio, Austria-Martinez, Corona, Carpio-Morales, Azcuna, Tinga, and Chico-Nazario, JJ., concur. Sandoval-Gutierrez, J., on leave.
Republic of the Philippines SUPREME COURT Manila FIRST DIVISION A.C. No. 5653 February 27, 2006 JOHN SIY LIM, Complainant, vs. ATTY. CARMELITO A. MONTANO, Respondent. D E C I S I O N CALLEJO, SR., J .: Atty. Carmelito A. Montano stands charged with gross misconduct relative to his filing of Civil Case No. C-19928 entitled Spouses Tomas See Tuazon and Natividad See Deecho v. John Siy Lim and the Register of Deeds of Caloocan City. 1
It appears that complainant John Siy Lim was the defendant in Civil Case No. C-14542 for reformation of contract, quieting of title, with damages, then pending before the Regional Trial Court (RTC) of Caloocan City, Branch 131. 2 The subject of the dispute was a 650-square meter conjugal lot along A. del Mundo Street, 7th Avenue, Caloocan City covered by Transfer Certificate of Title (TCT) No. 860. After trial, the RTC ruled in favor of defendant (complainant herein), and declared that the deed of sale the parties executed on July 15, 1987 was an absolute and unconditional conveyance of subject property by the plaintiff in favor of such defendant. On motion for reconsideration, however, the trial court reversed itself and declared that the sale was in fact an equitable mortgage. It thus ordered the cancellation of TCT No. 152621 and the reinstatement of the previous title on the subject property. The complainant appealed the case to the Court of Appeals, docketed as CA-G.R. CV No. 40167. In its Decision dated March 31, 1995, the appellate court reversed the ruling of the RTC, to wit: WHEREFORE, the appealed Order dated November 16, 1992, is hereby REVERSED and SET ASIDE, and the original Decision of the trial court, dated December 2, 1991, hereby REINSTATED, with the modification that plaintiff- appellee is ordered to pay defendant-appellant the sum of Five Thousand (P5,000.00) Pesos a month as reasonable rental for the use and occupation of Apartment No. 161 from July 15, 1988 until the premises shall have been vacated and possession thereof peacefully turned over to defendant- appellant. The counterclaim for attorneys fees of defendant- appellant is DENIED. There is no clear showing that the action taken by plaintiff-appellee was done in bad faith. There should be no penalty on the right to litigate. 3
The aggrieved party elevated the matter to this Court, and the petition was docketed as G.R. No. 119794. On October 3, 2000, the Court affirmed the ruling of the CA and denied the petition. 4 Entry of judgment was made of record on October 3, 2000. 5
On January 4, 2002, respondent filed a Notice of Appearance 6 as counsel of Tomas See Tuazon (the losing party) in the RTC of Caloocan City, Branch 131 in Civil Case No. C-14542. On January 7, 2002, he filed, in behalf of his client, a "Motion to Comply to [sic] Decision without Writ," 7 worded as follows: 1. Plaintiff is aware that pursuant to the decision of the court, as affirmed by the Court of Appeals and the Supreme Court, the decision on the present case had already become final and executory. 2. In order to avoid undue inconvenience on the part of herein defendant, plaintiff shall voluntarily settle the money judgment as stated in the decision sought to be enforced. 3. The plaintiff will be filing Eight Hundred Ten Thousand (P810,000.00) Pesos, equivalent to 162 months of rent as per decision and the same to be covered by supersedeas bond issued by a reliable insurance company to answer for said obligation. 4. Every month starting February 15, 2002, plaintiff shall deposit to the court the amount of P5,000.00 as monthly rent. 8
On the same date, respondent, in behalf of his clients (the spouses Tomas See Tuazon) filed the Complaint 9 for nullity of TCT and other documents, reconveyance, maintenance of physical possession before the RTC of Caloocan City, eventually raffled to Branch 121 thereof (Civil Case No. C-19928). Meantime, on February 19, 2002, Judge Luisito C. Sardillo of Branch 126 10 issued an Order 11 in Civil Case No. C-14542 granting the Motion for Execution with Manifestation earlier filed by the prevailing party (complainant herein), and denying for lack of merit, the "Motion to Comply to [sic] Decision without Writ" filed by respondent counsel. This prompted the complainant to file the instant complaint for disbarment against respondent. In his Complaint-Affidavit 12 dated March 20, 2002, complainant alleged that respondent filed the complaint in Civil Case No. C-19928 out of malice, pointing out that it involves "the same parties, the same causes of action and relief prayed for as that of Civil Case No. C-14542." Thus, the complainant prayed that the respondent be "disbarred and/or suspended from the practice of law for his gross misconduct," on the following allegation: 6. Evidently, I have been subjected to harassment by the antics of the respondent in filing a recycled case docketed as Civil Case No. C-19928 on January 07, 2002. Respondent is guilty in abetting the conduct of his clients, Sps. Tuazon. He has clearly violated his lawyers oath not to promote or sue groundless, false or unlawful suits among others. Instead of counseling his clients to abide and obey the decision of our Supreme Court, the final arbiter of all controversies and disputes, he is showing disrespect to a final and executory decision of our court. 13
In his Comment, 14 respondent denied the allegations against him. While he admitted that he filed Civil Case No. C-19928 as counsel for the plaintiff therein, he claimed that it was not filed with malicious intent. Moreover, while the new case involved the same party, it was for a different cause of action and relief, and, as such, the principle of res judicata did not apply. He further explained that the complaint in Civil Case No. C-14542 was for declaratory relief or reformation of instrument, while Civil Case No. 19928 was for annulment of title. He accepted the case based on "his professional appreciation that his client had a good case." In his Reply, 15 the complainant stressed that the respondent was guilty of forum shopping; Civil Case No. C-19928 was nothing but a revival of the old complaint; and "the lame excuse of the respondent that the present case is an action in rem while the other case is an action in personam" did not merit consideration. On November 25, 2002, the Court resolved to refer the matter to the Integrated Bar of the Philippines (IBP) for investigation, report and recommendation. 16
On September 1, 2003, the IBP Commission on Bar Discipline assigned the case to Commissioner Salvador L. Pea. Only the counsel for the respondent appeared at the mandatory conference held on September 30, 2003. Finding that there were no factual issues in the case, Commissioner Pea terminated the mandatory conference and ordered the parties to submit their respective verified Position Papers, and, thereafter, considered the case submitted for resolution. The case was re-assigned to Commissioner Doroteo B. Aguila who submitted his Report and Recommendation dated May 9, 2005, finding the respondent guilty of misconduct. It was recommended that respondent be meted a two months suspension from the practice of law. According to the Investigating Commissioner, the elements of res judicata are present in this case as to bar the filing of Civil Case No. C-19928 since (a) the judgment in Civil Case No. C-14542, upholding the validity of the absolute deed of sale, had attained finality; (b) the court which rendered the decision had the required jurisdiction; and (c) the disposition of the case was a judgment on the merits. On October 22, 2005, the Board of Governors of the IBP Commission on Bar Discipline issued Resolution No. XVII-2005-108, adopting said Report and Recommendation with the modification that respondent be suspended from the practice of law for six (6) months. We agree that respondent is administratively liable.lavvph!1.net In this case, it is clear that respondent is guilty of forum shopping. By his own admission, he was aware that Civil Case No. C-14542 was already final and executory when he filed the second case (Civil Case No. C-19928). His allegation that he "was not the original counsel of his clients" and that "when he filed the subsequent case for nullity of TCT, his motive was to protect the rights of his clients whom he believed were not properly addressed in the prior case for reformation and quieting of title," deserves scant consideration. As a responsible member of the bar, he should have explained the effect of such final and executory decision on his clients rights, instead of encouraging them to file another case involving the same property and asserting the same rights. The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment. It exists when, as a result of an adverse opinion in one forum, a party seeks a favorable opinion in another, or when he institutes two or more actions or proceedings grounded on the same cause to increase the chances of obtaining a favorable decision. An important factor in determining its existence is the vexation caused to the courts and the parties-litigants by the filing of similar cases to claim substantially the same reliefs. 17 Forum shopping exists where the elements of litis pendentia are present or where a final judgment in one case will amount to res judicata in another. 18 Thus, the following requisites should concur: (a) identity of parties, or at least such parties as represent the same interests in both actions, (b) identity of rights asserted and relief prayed for, the relief being founded on the same facts, and (c) the identity of the two preceding particulars is such that any judgment rendered in the other action will, regardless of which party is successful, amount to res judicata in the action under consideration. x x x 19
The fact that the parties in the first and second cases are not identical will not prevent the application of the principle of res judicata. Mere substantial identity of parties, or a community of interests between a party in the first case and a party in the subsequent case, even if the latter was not impleaded in the first case, is sufficient. 20 Moreover, a party cannot, by varying the form of action or adopting a different method of presenting his case, escape the operation of the principle that one and the same cause of action shall not be twice litigated between the same parties or their privies. 21 This was what respondent resorted to in order to give some semblance of merit to the complaint for annulment of title. He should have realized that the ruling of the Court in Tuazon v. Court of Appeals 22
effectively determined with finality the rights and obligations of the parties under the questioned deed of sale. A lawyer owes fidelity to the cause of his client but not at the expense of truth and the administration of justice. 23 The filing of multiple petitions constitutes abuse of the Courts processes and improper conduct that tends to impede, obstruct and degrade the administration of justice and will be punished as contempt of court. Needless to state, the lawyer who files such multiple or repetitious petitions (which obviously delays the execution of a final and executory judgment) subjects himself to disciplinary action for incompetence (for not knowing any better) or for willful violation of his duties as an attorney to act with all good fidelity to the courts, and to maintain only such actions as appear to him to be just and are consistent with truth and honor. 24
The filing of another action concerning the same subject matter, in violation of the doctrine of res judicata, runs contrary to Canon 12 of the Code of Professional Responsibility, which requires a lawyer to exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. By his actuations, respondent also violated Rule 12.02 25 and Rule 12.04 26 of the Code, as well as a lawyers mandate "to delay no man for money or malice." 27
Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct which tends to delay, impede or obstruct the administration of justice contravenes such lawyers duty. Indeed, the Court has time and again warned not to resort to forum shopping for this practice clogs the court dockets. 28
While we rule that the respondent should be sanctioned for his actions, we also note that the power to disbar should be exercised with great caution, to be imposed only in a clear case of misconduct that seriously affects the standing and character of the lawyer as an officer of the Court and as a member of the bar. Disbarment should never be decreed where any lesser penalty could accomplish the end desired. 29
WHEREFORE, for violating Canon 12 of the Code of Professional Responsibility, respondent Atty. Carmelito A. Montano is SUSPENDED from the practice of law for a period of six (6) months. He is STERNLY WARNED that any future violation of his duties as a lawyer will be dealt with more severely. This Decision is immediately executory. Atty. Montano is DIRECTED to inform the Court of the date of receipt of this decision. SO ORDERED.
EN BANC
ATTY. ILUMINADA M. VAFLOR- FABROA, Complainant,
A.C. No. 6273
Present:
PUNO, C.J., CARPIO,
- versus -
ATTY. OSCAR PAGUINTO, Respondent. CORONA, CARPIO MORALES, VELASCO, JR., NACHURA, LEONARDO-DE CASTRO, BRION, PERALTA, BERSAMIN, DEL CASTILLO, ABAD, VILLARAMA, JR., PEREZ, and MENDOZA, JJ.
CARPIO MORALES, J .: An Information for Estafa was filed on June 21, 2001 against Atty. Iluminada M. Vaflor-Fabroa (complainant) along with others based on a joint affidavit-complaint which Atty. Oscar Paguinto (respondent) prepared and notarized. As the joint affidavit-complaint did not indicate the involvement of complainant, complainant filed a Motion to Quash the Information which the trial court granted. Respondents Motion for Reconsideration of the quashal of the Information was denied
Respondent also filed six other criminal complaints against complainant for violation of Article 31 of Republic Act No. 6938 (Cooperative Code of the Philippines) before the Office of the Provincial Prosecutor, but he eventually filed a Motion to Withdraw them.
On October 10, 2001, complainant, who was Chairperson of the General Mariano Alvarez Service Cooperative, Inc. (GEMASCO), received a Notice of Special General Assembly of GEMASCO on October 14, 2001 to consider the removal of four members of the Board of Directors (the Board), including her and the General Manager. The notice was signed by respondent.
At the October 14, 2001 Special General Assembly presided by respondent and PNP Sr. Supt. Angelito L. Gerangco (Gerangco), who were not members of the then current Board, Gerango, complainants predecessor, as Chair of the GEMASCO board, declared himself Chair, appointed others to replace the removed directors, and appointed respondent as Board Secretary.
On October 15, 2001, respondent and his group took over the GEMASCO office and its premises, the pumphouses, water facilities, and operations. On even date, respondent sent letter- notices to complainant and the four removed directors informing them of their removal from the Board and as members of GEMASCO, and advising them to cease and desist from further discharging the duties of their positions.
Complainant thus filed on October 16, 2001 with the Cooperative Development Authority (CDA)- Calamba a complaint for annulment of the proceedings taken during the October 14, 2001 Special General Assembly.
The CDA Acting Regional Director (RD), by Resolution of February 21, 2002, declared the questioned general assembly null and void for having been conducted in violation of GEMASCOs By-Laws and the Cooperative Code of the Philippines. The RDs Resolution of February 21, 2002 was later vacated for lack of jurisdiction of CDA.
In her present complainant against respondent for disbarment, complainant alleged that respondent:
X X X PROMOTED OR SUED A GROUNDLESS, FALSE OR UNLAWFUL SUIT, AND GAVE AID AND CONSENT TO THE SAME
X X X DISOBEYED LAWS OF THE LAND, PROMOTE[D] DISRESPECT FOR LAW AND THE LEGAL PROFESSION
X X X DID NOT CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUE AND ENGAGED IN HARASSING TACTICS AGAINST OPPOSING COUNSEL
X X X VIOLATED CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW
X X X RUINED AND DAMAGED NOT ONLY THE GEN. MARIANO ALVAREZ SERVICES COOPERATIVE, INC. (GEMASCO, INC.) BUT THE ENTIRE WATER-CONSUMING COMMUNITY AS WELL
Despite the Courts grant, on respondents motion, of extension of time to file Comment, respondent never filed any comment. The Court thus required him to show cause why he should not be disciplinarily dealt with, but just the same he failed to comply.
The Court thus referred the complaint to the Integrated Bar of the Philippines (IBP) for investigation, report, and recommendation.
It appears that during the mandatory conference before the IBP, complainant proposed the following issues:
1. Whether or not the acts of respondent constitute violations of the Code of Professional Responsibility, particularly the following:
1.1 Canon 1 A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal [processes].
1.2 Canon 8 A lawyer shall conduct himself with courtesy, fairness, and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel.
1.3 Canon 10 A lawyer owes candor, fairness and good faith to the court.
1.4 Canon 19 A lawyer shall represent his client with zeal within the bounds of the law.
1.5 Rule 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so.
2. Whether or not the above acts of respondent constitute violations of his lawyers oath, particularly the following:
2.1 support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein
2.2 will do no falsehood, nor consent to the doing of any in court
2.3 will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same
2.4 will delay no man for money or malice
3. Whether or not the above acts of [respondent] complained of are grounds for disbarment or suspension of attorneys by the Supreme Court as provided for in Section 27, Rule 138 of the Revised Rules of Court.
Respondents counsel who represented him during the conference proposed the issue of whether, on the basis of the allegations of the complaint, misconduct was committed by respondent.
After the conclusion of the conference, both parties were ordered to submit position papers. Complainant filed hers, but respondent, despite grant, on his motion, of extension of time, did not file any position paper.
In her Report and Recommendation, Investigating Commissioner Lolita A. Quisumbing found respondent guilty of violating the Lawyers Oath as well as Canons 1, 8, 10, and Rule 12.03 of the Code of Professional Responsibility. Noting that respondent had already been previously suspended for six months, the Commissioner recommended that respondent be suspended for two years.
The IBP Commission on Bar Discipline (CBD) Board of Governors opted for the dismissal of the complaint, however, for lack of merit.
On Motion for Reconsideration, the IBP-CBD Board of Governors recommended that respondent be suspended from the practice of law for six months. The Court finds that by conniving with Gerangco in taking over the Board of Directors and the GEMASCO facilities, respondent violated the provisions of the Cooperative Code of the Philippines and the GEMASCO By-Laws. He also violated the Lawyers Oath, which provides that a lawyer shall support the Constitution and obey the laws.
When respondent caused the filing of baseless criminal complaints against complainant, he violated the Lawyers Oath that a lawyer shall not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid or consent to the same.
When, after obtaining an extension of time to file comment on the complaint, respondent failed to file any and ignored this Courts subsequent show cause order, he violated Rule 12.03 of the Code of Professional Responsibility, which states that A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Sebastian v. Bajar teaches:
x x x Respondents cavalier attitude in repeatedly ignoring the orders of the Supreme Court constitutes utter disrespect to the judicial institution. Respondents conduct indicates a high degree of irresponsibility. A Courts Resolution is not to be construed as a mere request, nor should it be complied with partially, inadequately, or selectively. Respondents obstinate refusal to comply with the Courts orders not only betrays a recalcitrant flaw in her character; it also underscores her disrespect of the Courts lawful orders which is only too deserving of reproof.
Lawyers are called upon to obey court orders and processes and respondents deference is underscored by the fact that willful disregard thereof will subject the lawyer not only to punishment for contempt but to disciplinary sanctions as well. In fact, graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the courts and to show respect to their processes. (Citations omitted).
The Court notes that respondent had previously been suspended from the practice of law for six months for violation of the Code of Professional Responsibility, he having been found to have received an acceptance fee and misled the client into believing that he had filed a case for her when he had not. It appears, however, that respondent has not reformed his ways. A more severe penalty this time is thus called for.
WHEREFORE, respondent, Atty. Oscar P. Paguinto, is SUSPENDED for two years from the practice of law for violation of Canons 1, 8, 10, and Rule 12.03 of the Code of Professional Responsibility and the Lawyers Oath, effective immediately.
Let copies of this Decision be furnished the Office of the Bar Confidant, to be appended to respondents personal record as an attorney; the Integrated Bar of the Philippines; and all courts in the country for their information and guidance.
SO ORDERED. Republic of the Philippines SUPREME COURT Manila THIRD DIVISION A.C. No. 6252 October 5, 2004 JONAR SANTIAGO, complainant, vs. Atty. EDISON V. RAFANAN, respondent. D E C I S I O N PANGANIBAN, J .: Notaries public are expected to exert utmost care in the performance of their duties, which are impressed with public interest. They are enjoined to comply faithfully with the solemnities and requirements of the Notarial Law. This Court will not hesitate to mete out appropriate sanctions to those who violate it or neglect observance thereof. The Case and the Facts Before us is a verified Complaint 1 filed by Jonar Santiago, an employee of the Bureau of Jail Management and Penology (BJMP), for the disbarment of Atty. Edison V. Rafanan. The Complaint was filed with the Commission on Bar Discipline (CBD) of the Integrated Bar of the Philippines (IBP) on January 16, 2001. It charged Atty. Rafanan with deceit; malpractice or other gross misconduct in office under Section 27 of Rule 138 2 of the Rules of Court; and violation of Canons 1.01, 1.02 and 1.03 3 , Canon 5 4 , and Canons 12.07 5
and 12.08 of the Code of Professional Responsibility (CPR). In his Report, IBP Investigating Commissioner Leland R. Villadolid Jr. summarized the allegations of the complainant in this wise: "x x x. In his Letter-Complaint, Complainant alleged, among others, that Respondent in notarizing several documents on different dates failed and/or refused to: a)make the proper notation regarding the cedula or community tax certificate of the affiants; b) enter the details of the notarized documents in the notarial register; and c) make and execute the certification and enter his PTR and IBP numbers in the documents he had notarized, all in violation of the notarial provisions of the Revised Administrative Code. "Complainant likewise alleged that Respondent executed an Affidavit in favor of his client and offered the same as evidence in the case wherein he was actively representing his client. Finally, Complainant alleges that on a certain date, Respondent accompanied by several persons waited for Complainant after the hearing and after confronting the latter disarmed him of his sidearm and thereafter uttered insulting words and veiled threats." 6
On March 23, 2001, pursuant to the January 19, 2001 Order of the CBD, 7 Atty. Rafanan filed his verified Answer. 8 He admitted having administered the oath to the affiants whose Affidavits were attached to the verified Complaint. He believed, however, that the non-notation of their Residence Certificates in the Affidavits and the Counter- affidavits was allowed. He opined that the notation of residence certificates applied only to documents acknowledged by a notary public and was not mandatory for affidavits related to cases pending before courts and other government offices. He pointed out that in the latter, the affidavits, which were sworn to before government prosecutors, did not have to indicate the residence certificates of the affiants. Neither did other notaries public in Nueva Ecija -- some of whom were older practitioners -- indicate the affiants residence certificates on the documents they notarized, or have entries in their notarial register for these documents. As to his alleged failure to comply with the certification required by Section 3 of Rule 112 9 of the Rules of Criminal Procedure, respondent explained that as counsel of the affiants, he had the option to comply or not with the certification. To nullify the Affidavits, it was complainant who was duty-bound to bring the said noncompliance to the attention of the prosecutor conducting the preliminary investigation. As to his alleged violation of Rule 12.08 of the CPR, respondent argued that lawyers could testify on behalf of their clients "on substantial matters, in cases where [their] testimony is essential to the ends of justice." Complainant charged respondents clients with attempted murder. Respondent averred that since they were in his house when the alleged crime occurred, "his testimony is very essential to the ends of justice." Respondent alleged that it was complainant who had threatened and harassed his clients after the hearing of their case by the provincial prosecutor on January 4, 2001. Respondent requested the assistance of the Cabanatuan City Police the following day, January 5, 2001, which was the next scheduled hearing, to avoid a repetition of the incident and to allay the fears of his clients. In support of his allegations, he submitted Certifications 10 from the Cabanatuan City Police and the Joint Affidavit 11 of the two police officers who had assisted them. Lastly, he contended that the case had been initiated for no other purpose than to harass him, because he was the counsel of Barangay Captain Ernesto Ramos in the cases filed by the latter before the ombudsman and the BJMP against complainant. After receipt of respondents Answer, the CBD, through Commissioner Tyrone R. Cimafranca, set the case for hearing on June 5, 2001, at two oclock in the afternoon. Notices 12 of the hearing were sent to the parties by registered mail. On the scheduled date and time of the hearing, only complainant appeared. Respondent was unable to do so, apparently because he had received the Notice only on June 8, 2001. 13 The hearing was reset to July 3, 2001 at two oclock in the afternoon. On the same day, June 5, 2001, complainant filed his Reply 14 to the verified Answer of respondent. The latters Rejoinder was received by the CBD on July 13, 2001. 15 It also received complainants Letter-Request 16 to dispense with the hearings. Accordingly, it granted that request in its Order 17
dated July 24, 2001, issued through Commissioner Cimafranca. It thereby directed the parties to submit their respective memoranda within fifteen days from receipt of the Order, after which the case was to be deemed submitted for resolution. The CBD received complainants Memorandum 18
on September 26, 2001. Respondent did not file any. The IBPs Recommendation On September 27, 2003, the IBP Board of Governors issued Resolution No. XVI-2003-172 19
approving and adopting the Investigating Commissioners Report that respondent had violated specific requirements of the Notarial Law on the execution of a certification, the entry of such certification in the notarial register, and the indication of the affiants residence certificate. The IBP Board of Governors found his excuse for the violations unacceptable. It modified, however, the recommendation 20 of the investigating commissioner by increasing the fine to "P3,000 with a warning that any repetition of the violation will be dealt with a heavier penalty." The other charges -- violation of Section 27 of Rule 138 of the Rules of Court; and Canons 1.01 to 1.03, 12.07 and 12.08 of the CPR -- were dismissed for insufficiency of evidence. The Courts Ruling We agree with the Resolution of the IBP Board of Governors. Respondents Administrative Liability Violation of the Notarial Law The Notarial Law is explicit on the obligations and duties of notaries public. They are required to certify that the party to every document acknowledged before them has presented the proper residence certificate (or exemption from the residence tax); and to enter its number, place of issue and date as part of such certification. 21 They are also required to maintain and keep a notarial register; to enter therein all instruments notarized by them; and to "give to each instrument executed, sworn to, or acknowledged before [them] a number corresponding to the one in [their] register [and to state therein] the page or pages of [their] register, on which the same is recorded." 22 Failure to perform these duties would result in the revocation of their commission as notaries public. 23
These formalities are mandatory and cannot be simply neglected, considering the degree of importance and evidentiary weight attached to notarized documents. Notaries public entering into their commissions are presumed to be aware of these elementary requirements. In Vda. de Rosales v. Ramos, 24 the Court explained the value and meaning of notarization as follows: "The importance attached to the act of notarization cannot be overemphasized. Notarization is not an empty, meaningless, routinary act. It is invested with substantive public interest, such that only those who are qualified or authorized may act as notaries public. Notarization converts a private document into a public document thus making that document admissible in evidence without further proof of its authenticity. A notarial document is by law entitled to full faith and credit upon its face. Courts, administrative agencies and the public at large must be able to rely upon the acknowledgment executed by a notary public and appended to a private instrument." For this reason, notaries public should not take for granted the solemn duties pertaining to their office. Slipshod methods in their performance of the notarial act are never to be countenanced. They are expected to exert utmost care in the performance of their duties, 25 which are dictated by public policy and are impressed with public interest. It is clear from the pleadings before us -- and respondent has readily admitted -- that he violated the Notarial Law by failing to enter in the documents notations of the residence certificate, as well as the entry number and the pages of the notarial registry. Respondent believes, however, that noncompliance with those requirements is not mandatory for affidavits relative to cases pending before the courts and government agencies. He points to similar practices of older notaries in Nueva Ecija. We cannot give credence to, much less honor, his claim. His belief that the requirements do not apply to affidavits is patently irrelevant. No law dispenses with these formalities. Au contraire, the Notarial Law makes no qualification or exception. It is appalling and inexcusable that he did away with the basics of notarial procedure allegedly because others were doing so. Being swayed by the bad example of others is not an acceptable justification for breaking the law. We note further that the documents attached to the verified Complaint are the Joint Counter-Affidavit of respondents clients Ernesto Ramos and Rey Geronimo, as well as their witnesses Affidavits relative to Criminal Case No. 69-2000 for attempted murder, filed by complainants brother against the aforementioned clients. These documents became the basis of the present Complaint. As correctly pointed out by the investigating commissioner, Section 3 of Rule 112 of the Rules of Criminal Procedure expressly requires respondent as notary -- in the absence of any fiscal, state prosecutor or government official authorized to administer the oath -- to "certify that he has personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits." Respondent failed to do so with respect to the subject Affidavits and Counter-Affidavits in the belief that -- as counsel for the affiants -- he was not required to comply with the certification requirement. It must be emphasized that the primary duty of lawyers is to obey the laws of the land and promote respect for the law and legal processes. 26 They are expected to be in the forefront in the observance and maintenance of the rule of law. This duty carries with it the obligation to be well-informed of the existing laws and to keep abreast with legal developments, recent enactments and jurisprudence. 27 It is imperative that they be conversant with basic legal principles. Unless they faithfully comply with such duty, they may not be able to discharge competently and diligently their obligations as members of the bar. Worse, they may become susceptible to committing mistakes. Where notaries public are lawyers, a graver responsibility is placed upon them by reason of their solemn oath to obey the laws. 28 No custom or age- old practice provides sufficient excuse or justification for their failure to adhere to the provisions of the law. In this case, the excuse given by respondent exhibited his clear ignorance of the Notarial Law, the Rules of Criminal Procedure, and the importance of his office as a notary public. Nonetheless, we do not agree with complainants plea to disbar respondent from the practice of law. The power to disbar must be exercised with great caution. 29 Disbarment will be imposed as a penalty only in a clear case of misconduct that seriously affects the standing and the character of the lawyer as an officer of the court and a member of the bar. Where any lesser penalty can accomplish the end desired, disbarment should not be decreed. 30
Considering the nature of the infraction and the absence of deceit on the part of respondent, we believe that the penalty recommended by the IBP Board of Governors is a sufficient disciplinary measure in this case. Lawyer as Witness for Client Complainant further faults respondent for executing before Prosecutor Leonardo Padolina an affidavit corroborating the defense of alibi proffered by respondents clients, allegedly in violation of Rule 12.08 of the CPR: "A lawyer shall avoid testifying in behalf of his client." Rule 12.08 of Canon 12 of the CPR states: "Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except: a) on formal matters, such as the mailing, authentication or custody of an instrument and the like; b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel." Parenthetically, under the law, a lawyer is not disqualified from being a witness, 31 except only in certain cases pertaining to privileged communication arising from an attorney-client relationship. 32
The reason behind such rule is the difficulty posed upon lawyers by the task of dissociating their relation to their clients as witnesses from that as advocates. Witnesses are expected to tell the facts as they recall them. In contradistinction, advocates are partisans -- those who actively plead and defend the cause of others. It is difficult to distinguish the fairness and impartiality of a disinterested witness from the zeal of an advocate. The question is one of propriety rather than of competency of the lawyers who testify for their clients. "Acting or appearing to act in the double capacity of lawyer and witness for the client will provoke unkind criticism and leave many people to suspect the truthfulness of the lawyer because they cannot believe the lawyer as disinterested. The people will have a plausible reason for thinking, and if their sympathies are against the lawyers client, they will have an opportunity, not likely to be neglected, for charging, that as a witness he fortified it with his own testimony. The testimony of the lawyer becomes doubted and is looked upon as partial and untruthful." 33
Thus, although the law does not forbid lawyers from being witnesses and at the same time counsels for a cause, the preference is for them to refrain from testifying as witnesses, unless they absolutely have to; and should they do so, to withdraw from active management of the case. 34
Notwithstanding this guideline and the existence of the Affidavit executed by Atty. Rafanan in favor of his clients, we cannot hastily make him administratively liable for the following reasons: First, we consider it the duty of a lawyer to assert every remedy and defense that is authorized by law for the benefit of the client, especially in a criminal action in which the latters life and liberty are at stake. 35 It is the fundamental right of the accused to be afforded full opportunity to rebut the charges against them. They are entitled to suggest all those reasonable doubts that may arise from the evidence as to their guilt; and to ensure that if they are convicted, such conviction is according to law. Having undertaken the defense of the accused, respondent, as defense counsel, was thus expected to spare no effort to save his clients from a wrong conviction. He had the duty to present -- by all fair and honorable means -- every defense and mitigating circumstance that the law permitted, to the end that his clients would not be deprived of life, liberty or property, except by due process of law. 36
The Affidavit executed by Atty. Rafanan was clearly necessary for the defense of his clients, since it pointed out the fact that on the alleged date and time of the incident, his clients were at his residence and could not have possibly committed the crime charged against them. Notably, in his Affidavit, complainant does not dispute the statements of respondent or suggest the falsity of its contents. Second, paragraph (b) of Rule 12.08 contemplates a situation in which lawyers give their testimonies during the trial. In this instance, the Affidavit was submitted during the preliminary investigation which, as such, was merely inquisitorial. 37 Not being a trial of the case on the merits, a preliminary investigation has the oft-repeated purposes of securing innocent persons against hasty, malicious and oppressive prosecutions; protecting them from open and public accusations of crime and from the trouble as well as expense and anxiety of a public trial; and protecting the State from useless and expensive prosecutions. 38 The investigation is advisedly called preliminary, as it is yet to be followed by the trial proper. Nonetheless, we deem it important to stress and remind respondent to refrain from accepting employment in any matter in which he knows or has reason to believe that he may be an essential witness for the prospective client. Furthermore, in future cases in which his testimony may become essential to serve the "ends of justice," the canons of the profession require him to withdraw from the active prosecution of these cases. No Proof of Harassment The charge that respondent harassed complainant and uttered insulting words and veiled threats is not supported by evidence. Allegation is never equivalent to proof, and a bare charge cannot be equated with liability. 39 It is not the self-serving claim of complainant but the version of respondent that is more credible, considering that the latters allegations are corroborated by the Affidavits of the police officers and the Certifications of the Cabanatuan City Police. WHEREFORE, Atty. Edison V. Rafanan is found guilty of violating the Notarial Law and Canon 5 of the Code of Professional Responsibility and is hereby FINED P3,000 with a warning that similar infractions in the future will be dealt with more severely. SO ORDERED. EN BANC [A.M. No. P-03-1690. April 4, 2003] JUDGE ESTRELLITA M. PAAS, petitioner, vs. EDGAR E. ALMARVEZ, respondent. [A.M. No. MTJ-01-1363. April 4, 2003 EDGAR E. ALMARVEZ, petitioner, vs. Judge ESTRELLITA M. PAAS, respondent. [A.M. No. 01-12-02-SC. April 4, 2003] [In Re: Use by Atty. Renerio G. Paas as an Office in His Private Practice of His Profession the Office of His Wife, Pasay City MeTC Judge Estrellita M. Paas. D E C I S I O N CARPIO-MORALES, J.: Pasay City Metropolitan Trial Court (MeTC), Branch 44 Presiding Judge Estrellita M. Paas administratively charged Court Aide/Utility Worker Edgar E. Almarvez with discourtesy, disrespect, insubordination, neglect in performing his duties, disloyalty, solicitation of monetary consideration and gross violation of the Civil Service Law. The case was docketed as A.M. OCA IPI No. 00-956-P. In her complaint, Judge Paas alleged that Almarvez is discourteous to his co-employees, lawyers and party litigants; has failed to maintain the cleanliness in and around the court premises despite order to do so, thus amounting to insubordination; was, and on several instances, habitually absent from work or made it appear that he reported for work by signing the logbook in the morning, only to stay out of the office the whole day; asked from detention prisoners P100.00 to P200.00 before he released to them their Release Orders; asked for amounts in excess of what was necessary for the purchase of stamps and pocketed the difference; once failed to mail printed matter on July 11, 2000 and kept for his own use the amount given to him for the purpose; and divulged confidential information to litigants in advance of its authorized release date for a monetary consideration, thus giving undue advantage or favor to the paying party, in violation of Rep. Act No. 3019 (The Anti-Graft and Corrupt Practices Act). Pasay City MeTC Branch 44 Clerk of Court Pedro C. Doctolero, Jr., by his Affidavit, and members of the court staff, by a Joint Affidavit, attested that Almarvez failed to maintain the cleanliness in and around the court premises, and had shown discourtesy in dealing with Judge Paas and his co- employees. Doctoleros affidavit also corroborated Judge Paas allegation that Almarvez would merely sign the logbook in the morning and thereafter stay out of the office. Pasay City Postmaster Emma Z. Espiritu, by Certification dated August 2, 2000, attested that the alleged printed matter intended to be mailed on July 11, 2000 was not included in the list of registered mails posted in the Pasay City Post Office on said date. Jail Escort Russel S. Hernandez and Jail Officer II Rosendo Macabasag, both assigned to the Pasay City Jail, by their respective affidavits, attested that on several occasions, they saw Almarvez receive from detention prisoners P100.00 to P200.00 in consideration of the release of their Release Orders. Almarvez, by Answer of September 25, 2000, denied Judge Paas charges, and alleged that the real reason why Judge Paas filed the case against him was because she suspected him of helping her husband, Atty. Renerio G. Paas, conceal his marital indiscretions; since she failed to elicit any information from him, she resorted to calling him names and other forms of harassment; on September 6, 2000, she hurled at him the following invectives before the other employees of the court: Walang kuwenta, ahas ka, driver lang kita, pinaasenso kita, walang utang na loob, pinagtatakpan mo pa ang asawa ko, ulupong; and she insisted that he sign a prepared resignation letter, a copy of which he was not able to keep. Almarvez added that he had been subjected by Judge Paas to the following incidents of oppression and abuse of authority: On July 28, 2000, he was called by the Judge to her chambers where she berated him as follows: Sinungaling ka, ang dami mong alam, hindi ka nagsasabi ng totoo sa akin, gago, tanga, pirmahan mo itong resignation letter, kung hindi kakasuhan kita ng estafa at falsification; the next day, the Judge, on seeing him, told him Bakit ka nandiyan, mag-leave ka sa Lunes; and on July 31, 2000, the Judge called him again to her chambers and told him Ang kapal ng mukha mo, pumasok ka pa dito, gago, kaya kita ipinasok dito dahil driver kita. Continuing, Almarvez claimed that on July 31, 2000, he reported the foregoing incidents to Pasay City MeTC Executive Judge Maria Cancino Erum who advised him to report the same to the Office of the Clerk of Court; and on August 1, 2000, he executed a sworn statement-complaint against Judge Paas and went to the Office of the Court Administrator (OCA) to file it, but he was advised to try to talk the matter over with her who then told him that they should forget all about it. On the merits of the charges, Almarvez denied ever requesting for money in exchange for the release of court orders and alleged that both Hernandez and Macabasag executed their respective affidavits because Judge Paas was a principal sponsor at their respective weddings; Hernandez was in fact indebted to the Judge for helping him cover-up the escape of a detainee under his charge; the courts mail matters were always sealed whenever he received them for mailing and he never tampered with their contents; the alleged unmailed printed matter was actually posted on June 28, 2000, not on July 11, 2000, via ordinary instead of registered mail, because the money given to him for the purpose was insufficient; and on the days when he was out of the office, he was actually performing personal errands for the judge and her husband, Atty. Paas, who treated him as their personal driver and messenger. As further proof of Judge Paas oppressive behavior towards him, Almarvez claimed that she ordered him to undergo a drug test per Memorandum dated September 7, 2000, even if he had no history of drug abuse on a periodic or continuous basis as shown by the test results of his examination. The Court treated respondents Answer as a counter-complaint against Judge Paas and docketed it as A.M. No. MTJ-01-1363. The two administrative cases were consolidated and referred for evaluation to the OCA, which assigned them to Executive Judge Vicente L. Yap of Pasay City RTC, Branch 114 for investigation. In a separate case for inhibition of Judge Paas in a criminal case, it was revealed that Judge Paas husband, private practitioner Atty. Paas, was using his wifes office as his office address in his law practice, in support of which were submitted copies of a Notice of Appeal signed by Atty. Paas, notices from Pasay City RTC Branch 109 and from the Supreme Court with respect to the case of People vs. Louie Manabat, et al. (GR Nos. 140536-37) which indicated Atty. Paas address to be Room 203, Hall of Justice, Pasay City, the office assigned to Pasay City MeTC, Branch 44. Pursuant to Sec. 1 of Rule 139-B of the Rules of Court which allows the Supreme Court to motu proprio initiate proceedings for the discipline of attorneys, this Court resolved to docket the matter as A.M. No. 01-12-02-SC and to consolidate it with A.M. OCA IPI No. 00-956-P and AM No. MTJ-01- 1363. In compliance with the December 4, 2001 Resolution of the Court en banc, Judge and Atty. Paas submitted their January 16, 2002 Joint Affidavit wherein they vehemently denied the charge that the latter was using Room 203 of the Pasay City Hall of Justice as his office address, they claiming that Atty. Paas actually holds office at 410 Natividad Building, Escolta, Manila with his partner Atty. Herenio Martinez; Atty. Paas would visit his wife at her office only when he has a hearing before the Pasay City courts or Prosecutors Office, or when he lunches with or fetches her, or when he is a guest during special occasions such as Christmas party and her birthday which are celebrated therein; and Judge Paas would never consent nor tolerate the use of the court for any personal activities. Attached to the Joint Affidavit were the separate sworn statements of Atty. Paas law partner Atty. Herenio E. Martinez and secretary Nilda L. Gatdula attesting that he is holding office at the above-said address in Escolta, and the Joint Affidavit of the Pasay City MeTC Branch 44 court personnel attesting that Atty. Paas visits to the court are neither routine nor daily occurrences, and he never used the court in the practice of his profession. On January 24, 2002, Judge Paas executed a Supplemental Affidavit wherein she admitted that Atty. Paas did use her office as his return address for notices and orders in Crim. Case Nos. 98-1197 to 98-1198, People vs. Louie Manabat y Valencia and Raymond dela Cruz y Salita, (now docketed in this Court as G.R. Nos. 140536-37), lodged at the Pasay City RTC, Branch 109, but only to ensure and facilitate delivery of those notices, but after the cases were terminated, all notices were sent to his office address in Escolta. By Resolution of February 12, 2002, the Court referred the matter to the OCA for evaluation, report and recommendation. After the completion of his investigation of A.M. OCA IPI No. 00-956-P and A.M. No. MTJ-01-1363, Judge Yap submitted his Report/Recommendation dated February 28, 2002. On March 11, 2002, the OCA submitted its Report on A.M. No. 01-12-02-SC dated March 1, 2002. I. OCA Findings and Recommendations A. On the charges against Almarvez: The OCA, for lack of evidence, recommended the dismissal of the charges against Almarvez of exacting money from detainees, violating confidentiality of official communication, absence without official leave, discourtesy and insubordination. Given Almarvez unsatisfactory performance ratings for three rating periods covering January to June 2000, July to December 2000, and January to April 2001, however, the OCA recommended that he be duly penalized for inefficiency in the performance of his official duties with One (1) Month suspension without pay, instead of dismissal as warranted under Memorandum Circular No. 12, s. 1994, his supervisor having failed to observe the procedure thereunder for dropping of employees from the rolls, which procedure is quoted at the later portion of this decision. B. On the charges against Judge Paas: With respect to the complaint of Almarvez against Judge Paas, the OCA, for lack of supporting evidence, recommended the dismissal of the charges of maltreatment, harassment and verbal abuse. It found, however, that Judge Paas had used her administrative power of supervision and control over court personnel for her personal pride, prejudice and pettiness when she issued her September 7, 2000 Memorandum ordering Alvarez to undergo a drug test after she had already filed an administrative case against him. It thus concluded that, in all probability, the purpose of Judge Paas in ordering Almarvez to undergo a drug test was to fish for evidence to support the administrative case she had already filed against him. Accordingly, the OCA recommended that Judge Paas be found guilty of simple misconduct in office, and be penalized with reprimand with a warning that a repetition of the same or similar acts shall be dealt with more severely. II. This Courts Findings: A. On the charges against Almarvez: Indeed, this Court finds that there is no sufficient evidence to support the charge of violation of confidentiality of official communication against Almarvez. The charge against Almarvez in Judge Paas complaint-affidavit which reads: That said ALMARVEZ being in charge of the mails had divulged informations which is confidential in nature to party litigants in advance of its authorized release date before the release of Court Order and Decision for consideration of a sum of money thus giving undue advantage or favor to the paying party detrimental to the due administration of justice, in fact lacks particularity. It is devoid of material details to enable Almarvez to intelligently meet the same. As for the charges of neglect of duty, discourtesy and insubordination which were echoed in the affidavits of court personnel, they are also too general to support a conviction and are contrary to what is reflected in his performance rating that he cooperated willingly, even wholeheartedly, with his fellow employees. On the charge of violation of Rep. Act No. 3019 (Anti-Graft and Corrupt Practices Act): Absent any evidence to support the charge, the affiants-jail officers who claimed to have witnessed Almarvez receive money from detention prisoners in exchange for the release of their Release Orders not having been presented, hence, their claim remains hearsay, Almarvez categorical denial and counter-allegation that these affiants executed their affidavits only out of fear of or favor to Judge Paas gain light. As for the charge that Almarvez would merely sign the logbook and would thereafter leave the office, again Judge Paas failed to present the affiant-Clerk of Court Atty. Pedro C. Doctolero, Jr. While she submitted in evidence a copy of her October 6, 2000 memorandum requiring Almarvez to explain why he was not in the office on September 8, 11, and 13, and October 5, 2000, despite his affixing of his signature in the logbook on those dates indicating that he reported for work, Almarvez satisfactorily explained that on September 8, 11, and 13, 2000, he submitted himself to drug testing as required by her in her September 7, 2000 memorandum, which explanation is supported by the September 14, 2000 letter of Dr. Rosendo P. Saulog, Medical Specialist II of the Dangerous Drug Board. As to his whereabouts on October 5, 2000, Almarvez explanation that he was actually present in the morning but left in the afternoon for the Supreme Court was not controverted. On the charge of inefficiency, this Court concurs with the following findings of the OCA that he should be faulted therefor: The performance ratings of respondent Almarvez for three (3) rating periods covering January to June 2000, July to December 2000 and January to April 2001 evidently shows that he failed to perform his official duties. The fact that respondent Almarvez never disputed the performance ratings given him is tantamount to an implied acceptance thereof pursuant to Sec. 5 Rule IX Book V of Executive Order No. 292, quoted as follows: Sec. 5. An employee who expresses dissatisfaction with the rating given him may appeal through the established Grievance Procedure of the Department or Agency within fifteen (15) days after receipt of his copy of his performance rating. Failure to file an appeal within the prescribed period shall be deemed a waiver of such right. The performance ratings of respondent for the said periods are valid grounds to drop him from the Rolls. However, considering that his superior/supervisor failed to comply with the requirements set forth in Memorandum Circular No. 12, Series of 1994 of the Civil Service Commission, which is hereunder quoted, and that he was able to make up and cure his inefficiency after he was given the opportunity to improve his performance in his detail to Branch 11, MeTC, Manila, as shown by his performance rating for the period April to June 2001 with a very satisfactory rating, dropping him from the roll will no longer be appropriate (Emphasis and underscoring supplied.) Par. 2.2 of CSC Memorandum Circular No. 12, s. 1994 referred to in the above-quoted findings of the OCA reads: 2.2 Unsatisfactory or Poor Performance. (a) An official or employee who is given two (2) consecutive unsatisfactory ratings may be dropped from the rolls after due notice. Notice shall mean that the officer or employee concerned is informed in writing of his unsatisfactory performance for a semester and is sufficiently warned that a succeeding unsatisfactory performance shall warrant his separation from the service. Such notice shall be given not later than 30 days from the end of the semester and shall contain sufficient information which shall enable the employee to prepare an explanation. (Emphasis and underscoring supplied.) The suspension of Almarvez for One (1) Month without pay, as recommended by the OCA, is thus in order. B. On the charges against Judge Paas: Regarding the charges of abuse of authority and oppression against Judge Paas, Almarvez failed to substantiate the same. Judge Paas order for Almarvez to undergo a drug test is not an unlawful order. Per Civil Service Commission Memorandum Circular No. 34, s. 1997, public employees are required to undergo a drug test prior to employment to determine if they are drug-free. To be drug-free is not merely a pre- employment prerequisite but is a continuing requirement to ensure the highest degree of productivity of the civil service. However, considering that the order was issued after Judge Paas filed the administrative case against Almarvez, it elicits the suspicion that it was only a fishing expedition against him. This is conduct unbecoming of a member of the judiciary, for which Judge Paas should be duly reprimanded. C. On the charges against Judge Paas and Atty. Paas: By Judge Paas own admission in her January 24, 2002 Supplemental Affidavit, she was aware that her husband Atty. Paas was using her office to receive court notices and orders in a case lodged in a Pasay court. As the OCA puts it, [w]hile the same appears to be innocuous, it could be interpreted as a subtle way of sending a message that Atty. Paas is the husband of a judge in the same building and should be given special treatment by other judges or court personnel. The following are instructive in the disposition of these charges against the judge and her spouse, Atty. Paas: SC Administrative Circular No. 01-99, Enhancing the Dignity of Courts as Temples of Justice and Promoting Respect for their Officials and Employers reads: As courts are temples of justice, their dignity and sanctity must, at all times be preserved and enhanced. In inspiring public respect for the justice system, court officials and employees must: 1. In general: (a) avoid committing any act which would constitute grounds for disciplinary action under, as the case may be, the Canons of Judicial Ethics, Code of Judicial Conduct; and Section 46, Chapter 7, Subtitle A, Title I, Book V of the Administrative Code of 1987 (Executive Order No. 292); and (b) faithfully comply with the norms of conduct and perform the duties prescribed in the Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713); 2. Zealously guard the public trust character of their offices; x x x 6. Never use their offices as a residence or for any other purpose than for court or judicial functions. (Emphasis and underscoring supplied.) Canon 2 of the Code of Judicial Conduct provides that A judge should avoid impropriety and the appearance of impropriety in all activities. Specifically, Rule 2.03 thereof provides that: Rule 2.03. A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge. (Emphasis supplied.) SC Circular No. 3-92, dated August 31, 1992, of this Court reads: SUBJECT: PROHIBITION AGAINST USE OF HALLS OF JUSTICE FOR RESIDENTIAL OR COMMERCIAL PURPOSES All judges and court personnel are hereby reminded that the Halls of Justice may be used only for purposes directly related to the functioning and operation of the courts of justice, and may not be devoted to any other use, least of all as residential quarters of the judges or court personnel, or for carrying on therein any trade or profession. Attention is drawn to A.M. No. RTJ-89-327 (Nellie Kelly Austria vs. Judge Singuat Guerra), a case involving unauthorized and improper use of the courts premises for dwelling purposes by respondent and his family, in which the Court, by Resolution dated October 17, 1991, found respondent Judge guilty of irresponsible and improper conduct prejudicial to the efficient administration of justice and best interest of the service, and imposed on him the penalty of SEVERE CENSURE, the Court declaring that such use of the courts premises inevitably degrades the honor and dignity of the court in addition to exposing judicial records to danger of loss or damage. (Underscoring supplied.) By allowing her husband to use the address of her court in pleadings before other courts, Judge Paas indeed allowed [him] to ride on her prestige for purposes of advancing his private interest, in violation of the Code of Judicial Conduct and of the above-stated Supreme Court circulars, which violation is classified as a less serious charge under the Rules of Court and is punishable under the same Rule. A judges official conduct should indeed be free from the appearance of impropriety; and his behavior not only in the performance of judicial duties, but also in his everyday life should be beyond reproach. This is premised on the truism that a Judges official life cannot simply be detached or separated from his personal existence and that upon a Judges attributes depend the public perception of the Judiciary. On his part, Atty. Paas was guilty of using a fraudulent, misleading, and deceptive address that had no purpose other than to try to impress either the court in which his cases are lodged, or his client, that he has close ties to a member of the judiciary, in violation of the following rules of the Code of Professional Responsibility: Canon 3A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. Rule 3.01. A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Canon 10A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Canon 13a LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPERITY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT. Canon 15A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule 15.06. A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. The need for relying on the merits of a lawyers case, instead of banking on his relationship with a member of the bench which tends to influence or gives the appearance of influencing the court, cannot be overemphasized. It is unprofessional and dishonorable, to say the least, to misuse a public office to enhance a lawyers prestige. Public confidence in law and lawyers may be eroded by such reprehensible and improper conduct. This Court does not subscribe to the proffered excuse that expediency and a desire to ensure receipt of court orders and notices prompted Atty. Paas and Judge Paas to allow him to have his court notices sent to office of Judge Paas, especially given the fact that for his other cases, Atty. Paas used his office address but there is no showing that he failed to receive the notices sent to that address. While a lawyer should make the necessary arrangements to ensure that he is properly informed of any court action, these should not violate his lawyers oath or the Code of Professional Responsibility, nor provide an opportunity for a member of the judiciary to breach his or her responsibilities under Supreme Court circulars and the Code of Judicial Conduct. WHEREFORE, this Court finds: (1) In A.M. OCA IPI No. 00-956-P, respondent Edgar E. Almarvez GUILTY of inefficiency and is hereby SUSPENDED for One (1) Month without pay; (2) In A.M. No. MTJ-01-1363, respondent Judge Estrellita M. Paas GUILTY of conduct unbecoming of a member of the judiciary and is hereby REPRIMANDED, with warning that repetition of the same or similar acts shall be dealt with more severely; (3) In A.M. No. 01-12-02-SC, (a) Judge Paas GUILTY of violating SC Administrative Circular No. 01-99, SC Circular No. 3-92 and Canon 2, Rule 2.03 of the Code of Judicial Conduct and is hereby ordered to pay a FINE of TWELVE THOUSAND PESOS (P12,000.00), with warning that repetition of the same or similar acts shall be dealt with more severely; and (b) Atty. Renerio Paas GUILTY of SIMPLE MISCONDUCT and is hereby SUSPENDED from the practice of law for a period of THREE (3) MONTHS, with warning that repetition of the same or similar act shall be dealt with more severely. This Decision shall take effect immediately. Let copies of this Decision be furnished the Office of the Bar Confidant, Integrated Bar of the Philippines, and appended to respondents personal record. SO ORDERED. Davide, Jr., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Callejo, Sr., and Azcuna, JJ., concur.
Republic of the Philippines SUPREME COURT Manila SECOND DIVISION
A.M. No. 1769 June 8, 1992 CESAR L. LANTORIA, complainant, vs. ATTY. IRINEO L. BUNYI, respondent.
PER CURIAM: This is an administrative complaint filed by Cesar L. Lantoria, seeking disciplinary action against respondent Irineo L. Bunyi, member of the Philippine Bar, on the ground that respondent Bunyi allegedly committed acts of "graft and corruption, dishonesty and conduct unbecoming of a member of the Integrated Bar of the Philippines, and corruption of the judge and bribery", in connection with respondent's handling of Civil Case Nos. 81, 83 and 88 then pending before the Municipal Court of Experanza, Agusan del Sur, presided over by Municipal Judge Vicente Galicia 1 in which respondent Bunyi was the counsel of one of the parties, namely, Mrs. Constancia Mascarinas. Respondent Bunyi alleged that Mrs. Constancia M. Mascarinas of Manila was the owner of d farm located in Esperanza, Agusan del Sur, and that herein complainant Lantoria was the manager and supervisor of said farm, receiving as such a monthly allowance. 2 It appears that the complaint in Civil Case Nos. 81, 83 and 88 sought to eject the squatters from the aforementioned farm. 3 These cases were assigned to the Municipal Court of Esperanza, Agusan del Bur, the acting municipal judge of which was the Honorable Vicente Galicia (who was at the same time the regular judge of the municipal court of Bayugan, Agusan del Sur). 4 The defendants in the mentioned civil cases were, in due course, declared in default. In relation to the same three (3) civil cases, the records of the present case show that complainant Lantoria wrote a letter to respondent Bunyi, dated 23 April 1974, which reads as follows: Butuan City 23 April 1974 Atty. Ireneo Bunye 928 Rizal Avenue Santa Cruz, Manila Dear Atty. Bunye: xxx xxx xxx Upon informing him of your willingness to prepare the corresponding judgements (sic) on the 3 defaulted cases he said he has no objection in fact he is happy and recommended that you mail the said decisions in due time thru me to be delivered to him. xxx xxx xxx I will communicate with you from time to time for any future development. My best regards to you and family and to Mrs. Constancia Mascarinas and all. Very truly yours, (SGD.) CESAR L LANTORIA Major Inf PC (ret) Executive Director 5
On 01 June 1974, respondent Bunyi wrote to the complainant regarding the said three (3) cases, in this wise: June 1, 1974 Dear Major Lantoria, At last, I may say that I have tried my best to respond to the call in your several letters received, which is about the preparation of the three (3) Decisions awaited by Judge Galicia. The delay is that I have been too much occupied with my cases and other professional commitments here in Manila and nearby provinces. Not only to Mrs. Mascarinas I would say that I am so sorry but also to you. Mrs. Mascarinas has been reminding me but I always find myself at a loss to prepare these Decisions at an early date sa (sic) possible. So also with my calendar as to the dates for the next hearing of the remaining cases over there. Herewith now, you will find enclosed the three (3) Decisions against the (3) defaulted defendants. I am not sure if they will suit to satisfy Judge Galicia to sign them at once. However, it is my request to Judge Galicia, thru your kind mediation, that if the preparation of these Decisions do not suit his consideration, then I am ready and willing to accept his suggestions or correction to charge or modify them for the better. And to this effect, kindly relay at once what he is going to say or thinks if he signs them readily and please request for each copy for our hold. xxx xxx xxx Please excuse this delay, and thanks for your kind assistance in attending to our cases there. Regards to you and family and prayer for your more vigor and success. Brotherly yours, (SGD.) IRINEO L. BUNYI 6
Counsel It also appears that respondent Bunyi wrote an earlier letter to complainant Lantoria, dated 04 March 1974, the contents of which read as follows: 928 Rizal Ave., Sta. Cruz, Manila March 4, 1974 Dear Major Lantoria, This is an additional request, strictly personal and confidential. Inside the envelope addressed to Judge Vicente C. Galicia, are the Decisions and Orders, which he told me to prepare and he is going to sign them. If you please, deliver the envelope to him as if you have no knowledge and information and that you have not opened it. Unless, of course, if the information comes from him. But, you can inquire from him if there is a need to wait from his words about them, or copies to be furnished me, after he signs them, it could be made thru you personally, to expedite receiving those copies for our hold. According to him, this envelope could be delivered to him at his residence at No. 345 M. Calo St., Butuan City, during week end. or, at Bayugan if you happen to go there, if he is not in Butuan City. Thanking You for your kind attention and favor. Truly yours, (SGD.) L. BUNYI 7
Three years after, that is, on 11 April 1977, complainant filed with this Court the present administrative case against respondent Bunyi, predicated mainly on the above-quoted three (3) letters dated 04 March, 23 April and 01 June, 1974. Complainant contends that respondent won the said three (3) cases because to (respondent) was the one who unethically prepared the decisions rendered therein, and that the preparation by respondent of said decisions warranted disciplinary action against him. By way of answer to the complaint, respondent, in a motion to dismiss 8 the administrative complaint, admitted the existence of the letter of 01 June 1974, but explained the contents thereof as follows: xxx xxx xxx b) In the second place, the said letter of June 1, 1974, is self-explanatory and speaks for itself, that if ever the same was written by the Respondent, it was due to the insistence of the Complainant thru his several letters received, that the decisions in question be drafted or prepared for Judge Galicia, who considered such preparation as a big help to him, because he was at that time holding two (2) salas one as being the regular Municipal Judge of Bayugan and the other, as the acting Judge of Esperanza, both of Agusan del Sur, with many pending cases and it was to the benefit of the Complainant that the early disposition of the cases involved would not suffer inconsiderable delay. But, the intention to draft or prepare the decisions in question was never spawned by the Respondent. Instead, it came from the under-standing between the Judge and the complainant who, from his several letters, had demonstrated so much interest to eject at once the squatters from the farm he was entrusted to manage. Furthermore, the Complainant's conclusion that the said decisions were lutong macao is purely non-sense as it is without any factual or legal basis. He himself knew that Judge Galicia asked for help in the drafting of said decisions as at any rate they were judgments by default, the defendants lost their standing in court when they were declared in default for failure to file their answers and to appear at the place and time set for hearing thereof (See first paragraph, letter of June 1, 1974) c) Thirdly, in the same letter, the decisions as prepared were in the form of drafts, as in fact, the letter mentioned subject to suggestion or correction to change or modify for the better by Judge Galicia (Second paragraph, Ibid); d) Fourthly, in the some letter, Responding (sic) even apologized for the delay in sending the same to the Complainant and expressed his gratitude for his assistance in attending to the cases involved (Last paragraph, Ibid.) In its resolution dated 28 November 1977, this Court referred the case to the Solicitor General for investigation, report and recommendation. 9 On 21 July 1980, the Solicitor General submitted his report to the Court, with the following averments, to wit: 1) that the case was set for hearing on April 12, September 29, and December 18, 1978, but in all said scheduled hearings only respondent Bunyi appeared; 2) that in the hearing of 16 January 1979, both respondent and complainant appeared; 3) that at the same hearing, the Solicitor General reported the following development Atty. Mercado submitted a letter of complainant dated January 16, 1979 sworn to before the investigating Solicitor, praying that the complaint be considered withdrawn, dropped or dismissed on the ground that complainant "could hardly substantiate" his charges and that he is "no longer interested to prosecute" the same. For his part, respondent manifested that he has no objection to the withdrawal of the complaint against him. At the same time, he presented complainant Lantoria as a witness are elicited testimony to the effect that complainant no longer has in his possession the original of the letters attached to his basic complaint, and hence, he was not prepared to prove his charges. 10 (emphasis supplied) In his aforesaid report, the Solicitor General found as follows: a) that the letters of respondent Bunyi (dated 4, March and 1 June 1974), addressed to complainant, showed that respondent had indeed prepared the draft of the decisions in Civil Case Nos. 81, 83 and 88 of the Municipal Court of Esperanza, Agusan del Sur, which he submitted to Judge Vicente Galicia thru the complainant; b) that those letters indicated that respondent had previous communications with Judge Galicia regarding the preparation of the decisions; c) that the testimony of complainant to the effect that he had lost the original of said letters, and complainant's withdrawal of the complaint in the case at bar are of no moment, as respondent Bunyi, and his motion to dismiss filed with the Supreme Court, admitted that he prepared the draft of the decisions in the said civil cases, and be affirmed the existence of the letters. Hence, in his report, the Solicitor General found that respondent is guilty of highly unethical and unprofessional conduct for failure to perform his duty, as an officer of the court, to help promote the independence of the judiciary and to refrain from engaging in acts which would influence judicial determination of a litigation in which he is counsel. 11 The Solicitor General recommended that respondent be suspended from the practice of law for a period of one (1) year. He filed with the Court the corresponding complaint against respondent. In his answer 12 to the complaint filed by the Solicitor General, respondent manifested that in the future he would be more careful in observing his duties as a lawyer, and in upholding the provisions of the canons of professional ethics. On 10 December 1980, the date set by this Court for the hearing of this case, the hearing was postponed until further notice. On 9 March 1981, respondent filed a manifestation 13 alleging that no hearing was as yet set in the case since the last setting on 10 December 1980, and he requested that the next hearing be not set until after six (6) months when be expected to return from the United States of America where he would visit his children and at the same time have a medical check-up. On 28 October 1981, the date set by this Court for bearing in this case, respondent Bunyi and the Solicitor General appeared, and respondent was directed to submit his memorandum. Respondent Bunyi filed his memorandum on 16 November 1981. In said memorandum, 14 respondent submitted that although he prepared the draft of the decisions in the civil cases, he did not offer Judge Galicia any gift or consideration to influence the Judge in allowing him to prepare the draft decisions. 15 He also offered his apology to the Court for all the improprieties which may have resulted from his preparation of the draft decisions. We agree with the observation of the Solicitor General that the determination of the merits of the instant case should proceed notwithstanding complainant's withdrawal of his complaint in the case, the respondent himself having admitted that the letters in question truly exist, and that he even asked for an apology from the Court, for whatever effects such letters may have had on his duty as a lawyer. With the admission by respondent of the existence of the letters upon which the present administrative complaint is based, the remaining issue to be resolved is the effect of the acts complained of on respondent's duty both as a lawyer and an officer of the Court. We find merit in the recommendation of the Solicitor General that respondent, by way of disciplinary action, deserves suspension from the practice of law. The subject letters indeed indicate that respondent had previous communication with Judge Galicia regarding the preparation of the draft decisions in Civil Case Nos. 81, 83, and 88, and which he in fact prepared. Although nothing in the records would show that respondent got the trial court judge's consent to the said preparation for a favor or consideration, the acts of respondent nevertheless amount to conduct unbecoming of a lawyer and an officer of the Court. Clearly, respondent violated Canon No. 3 of the Canons of Professional Ethics (which were enforced at the time respondent committed the acts admitted by him), which provides as follows: 3. Attempts to exert personal influence on the court Marked attention and unusual hospitality on the part of a lawyer to a judge, uncalled for by the personal relations of the parties, subject both the judge and the lawyer to misconstructions of motive and should be avoided. A lawyer should not communicate or argue privately with the judge as to the merits of a pending cause and deserves rebuke and denunciation for any device or attempt to gain from a judge special personal consideration or favor. A self-respecting independence in the discharge of professional duty, without denial or diminution of the courtesy and respect due the judge's station, is the only proper foundation for cordial personal and official relations between bench and bar. In the new Code of Professional Responsibility 16 a lawyer's attempt to influence the court is rebuked, as shown in Canon No. 13 and Rule 13.01, which read: CANON 13 A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the court. Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for, cultivating familiarity with judges. Therefore, this Court finds respondent guilty of unethical practice in attempting to influence the court where he had pending civil case. 17
WHEREFORE, respondent Atty. Irineo L. Bunyi is hereby SUSPENDED from the practice of law for a period of one (1) year from the date of notice hereof. Let this decision be entered in the bar records of the respondent and the Court Administrator is directed to inform the different courts of this suspension. SO ORDERED. EN BANC RE : SUSPENSION OF ATTY. ADM. CASE No. 7006 ROGELIO Z. BAGABUYO, FORMER SENIOR STATE PROSECUTOR Present:
October 9, 2007 X ------------------------------------------------------------ ------------------------------ X
DECISION
AZCUNA, J .:
This administrative case stemmed from the events of the proceedings in Crim. Case No. 5144, entitled People v. Luis Bucalon Plaza, heard before the sala of Presiding Judge Jose Manuel P. Tan, Regional Trial Court (RTC) of Surigao City, Branch 29.
Crim. Case No. 5144 was originally raffled to the sala of Judge Floripinas C. Buyser, RTC of Surigao City, Branch 30. In an Order dated March 14, 2002, Judge Buyser denied the Demurrer to the Evidence of the accused, declaring that the evidence thus presented by the prosecution was sufficient to prove the crime of homicide and not the charge of murder. Consequently, the counsel for the defense filed a Motion to Fix the Amount of Bail Bond. Respondent Atty. Rogelio Z. Bagabuyo, then Senior State Prosecutor and the deputized prosecutor of the case, objected thereto mainly on the ground that the original charge of murder, punishable with reclusion perpetua, was not subject to bail under Sec. 4, Rule 114 of the Rules of Court.
In an Order dated August 30, 2002, Judge Buyser inhibited himself from further trying the case because of the harsh insinuation of Senior Prosecutor Rogelio Z. Bagabuyo that he lacks the cold neutrality of an impartial magistrate, by allegedly suggesting the filing of the motion to fix the amount of bail bond by counsel for the accused.
The case was transferred to Branch 29 of the RTC of Surigao City, presided by Judge Jose Manuel P. Tan. In an Order dated November 12, 2002, Judge Tan favorably resolved the Motion to Fix the Amount of Bail Bond, and fixed the amount of the bond at P40,000.
Respondent filed a motion for reconsideration of the Order dated November 12, 2002, which motion was denied for lack of merit in an Order dated February 10, 2003. In October, 2003, respondent appealed from the Orders dated November 12, 2002 and February 10, 2003, to the Court of Appeals (CA).
Instead of availing himself only of judicial remedies, respondent caused the publication of an article regarding the Order granting bail to the accused in the August 18, 2003 issue of the Mindanao Gold Star Daily. The article, entitled Senior prosecutor lambasts Surigao judge for allowing murder suspect to bail out, reads:
SENIOR state prosecutor has lashed at a judge in Surigao City for allowing a murder suspect to go out on bail.
Senior state prosecutor Rogelio Bagabuyo lambasted Judge Manuel Tan of the Regional Trial Court (RTC) Branch 29 based in Surigao City for ruling on a motion that sought a bailbond for Luis Plaza who stands charged with murdering a policeman . . . .
Plaza reportedly posted a P40-thousand bail bond.
Bagabuyo argued that the crime of murder is a non- bailable offense. But Bagabuyo admitted that a judge could still opt to allow a murder suspect to bail out in cases when the evidence of the prosecution is weak.
But in this murder case, Bagabuyo said the judge who previously handled it, Judge F[lori]pinas B[uy]ser, described the evidence to be strong. B[uy]ser inhibited from the case for an unclear reason.
x x x
Bagabuyo said he would contest Tans decision before the Court of Appeals and would file criminal and administrative charges of certiorari against the judge.
Bagabuyuo said he was not afraid of being cited in contempt by Judge Tan.
This is the only way that the public would know that there are judges there who are displaying judicial arrogance. he said.
In an Order dated August 21, 2003, the RTC of Surigao City, Branch 29, directed respondent and the writer of the article, Mark Francisco of the Mindanao Gold Star Daily, to appear in court on September 20, 2003 to explain why they should not be cited for indirect contempt of court for the publication of the article which degraded the court and its presiding judge with its lies and misrepresentation.
The said Order stated that contrary to the statements in the article, Judge Buyser described the evidence for the prosecution as not strong, but sufficient to prove the guilt of the accused only for homicide. Moreover, it was not true that Judge Buyser inhibited himself from the case for an unclear reason. Judge Buyser, in an Order dated August 30, 2002, declared in open court in the presence of respondent that he was inhibiting himself from the case due to the harsh insinuation of respondent that he lacked the cold neutrality of an impartial judge.
On the scheduled hearing of the contempt charge, Mark Francisco admitted that the Mindanao Gold Star Daily caused the publication of the article. He disclosed that respondent, in a press conference, stated that the crime of murder is non-bailable. When asked by the trial court why he printed such lies, Mr. Francisco answered that his only source was respondent. Mr. Francisco clarified that in the statement alleging that Judge Buyser inhibited himself from the case for an unclear reason, the phrase for an unclear reason, was added by the newspapers Executive Editor Herby S. Gomez.
Respondent admitted that he caused the holding of the press conference, but refused to answer whether he made the statements in the article until after he shall have filed a motion to dismiss. For his refusal to answer, the trial court declared him in contempt of court pursuant to Sec. 3, Rule 71 of the Rules of Court. The Courts Order dated September 30, 2003 reads:
ORDER Mr. Mark Francisco for publishing this article which is a lie clothed in half truth to give it a semblance of truth is hereby ordered to pay a fine of P10,000. Prosecutor Bagabuyo, for obstinately refusing to explain why he should not be cited for contempt and admitting that the article published in the Mindanao Gold Star Daily on August 18, 2003 and quoted in the Order of this Court dated August 21, 2003 which is contemptuous was caused by him to be published, is hereby adjudged to have committed indirect contempt of Court pursuant to Section 3 of Rule 71 of the Rules of Court and he is hereby ordered to suffer the penalty of 30 days in jail. The BJMP is hereby ordered to arrest Prosecutor Rogelio Z. Bagabuyo if he does not put up a bond of P100,000.00.
SO ORDERD.
Respondent posted the required bond and was released from the custody of the law. He appealed the indirect contempt order to the CA.
Despite the citation of indirect contempt, respondent presented himself to the media for interviews in Radio Station DXKS, and again attacked the integrity of Judge Tan and the trial courts disposition in the proceedings of Crim. Case No. 5144.
In an Order dated October 20, 2003, the RTC of Surigao City, Branch 29, required respondent to explain and to show cause within five days from receipt thereof why he should not be held in contempt for his media interviews that degraded the court and the presiding judge, and why he should not be suspended from the practice of law for violating the Code of Professional Responsibility, specifically Rule 11.05 of Canon 11 and Rule 13.02 of Canon 13.
In the Order, the trial court stated that respondent was interviewed by Jun Clergio, and that the interview was repeatedly aired on September 30, 2003 and in his news program between 6:00 and 8:00 a.m. on October 1, 2003. He was also interviewed by Tony Consing on October 1 and 2, 2003, between 8:00 and 9:00 a.m. in his radio program. In those radio interviews, respondent allegedly called Judge Tan a judge who does not know the law, a liar, and a dictator who does not accord due process to the people.
The hearing for the second contempt charge was set on December 4, 2003.
On November, 20, 2003, respondent filed an Urgent Motion for Extension of Time to File Answer to Contempt alleging that he was saddled with work of equal importance and needed ample time to answer the same. He also prayed for a bill of particulars in order to properly prepare for his defense.
In an Order dated November 20, 2003, the trial court denied the motion. It stated that a bill of particulars is not applicable in contempt proceedings, and that respondents actions and statements are detailed in the Order of October 20, 2003.
On the scheduled hearing of December 4, 2003 respondent neither appeared in court nor informed the court of his absence. The trial court issued an Order dated December 4, 2003 cancelling the hearing to give Prosecutor Bagabuyo all the chances he asks for, and ordered him to appear on January 12, 2004 to explain in writing or orally why he should not be cited in contempt of court pursuant to the facts stated in the Order dated October 20, 2003. However, respondent did not appear in the scheduled hearing of January 12, 2004.
On January 15, 2004, the trial court received respondents Answer dated January 8, 2004. Respondent denied the charge that he sought to be interviewed by radio station DXKS. He, however, stated that right after the hearing of September 30, 2003, he was approached by someone who asked him to comment on the Order issued in open court, and that his comment does not fall within the concept of indirect contempt of court. He also admitted that he was interviewed by his friend, Tony Consing, at the latters instance. He justified his response during the interview as a simple exercise of his constitutional right of freedom of speech and that it was not meant to offend or malign, and was without malice.
On February 8, 2004, the trial court issued an Order, the dispositive portion of which reads:
WHEREFORE, finding preponderant evidence that Prosecutor Bagabuyo has grossly violated the Canons of the legal profession and [is] guilty of grave professional misconduct, rendering him unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney, he is hereby SUSPENDED from the practice of law.
Likewise, he is also found guilty of indirect contempt of court, for which he is hereby ordered to suffer the penalty of IMPRISONMENT for ninety (90) days to be served at the Surigao City Jail and to pay the maximum fine of THIRTY THOUSAND PESOS (P30,000.00). Future acts of contempt will be dealt with more severely.
Let copies of the relevant records be immediately forwarded to the Supreme Court for automatic review and for further determination of grounds for [the] disbarment of Prosecutor Rogelio Z. Bagabuyo.
The trial court found respondents denials to be lame as the tape of his interview on October 2, 2003, duly transcribed, showed disrespect of the court and its officers, thus:
TONY CONSING: Fiscal, nanglabay ang mga oras, nanglabay ang gamayng panahon ang samad sa imong kasingkasing nagpabilin pa ba ni. O ingnon nato duna na bay pagbag-o sa imong huna-huna karon?
(Fiscal, after the lapse of time, are you still hurt? Or have you not changed your mind yet?)
BAGABUYO : Ang akong huna-huna kon aduna man ugaling pagbag-o ang pagsiguro, ang mga Huwes nga dili mahibalo sa balaod tangtangon pagka abogado, mao kana.
(If my mind has changed at all, it is that I ensure that all judges who are ignorant of the law should be disbarred. Thats it.)
x x x
BAGABUYO : Mao kana ang tinuod, Ton, ug kining akong guibatonan karon nga hunahuna mahitungod nianang mga Huwes nga dili kahibalo sa balaod, magkadugay magkalami. Kada adlao nagatoon ako. Nagabasa ako sa mga bag-ong jurisprudence ug sa atong balaod aron sa pagsiguro gayod nga inigsang-at unya nako sa kaso nga disbarment niining di mahibalo nga Huwes, sigurado gayod ako nga katangtangan siya sa lisensiya . . . . Ang kini nga Huwes nga dili mahibalo sa balaod, pagatangtangon na, dili lamang sa pagka-Huwes kon dili sa pagka- abogado. Tan-awa ra gyod kining iyang gibuhat nga Order, Ton, ang iyang pagkabakakon . . . .
(Thats true, Ton, and this conviction I have now about judges who are ignorant of the law is made firmer by time. I study everyday. I read new jurisprudence and the law to insure that when I file the disbarment case against this Judge who does not know his law, I am certain that he loses his license. . . . This judge who is ignorant of the law should not only be removed as a judge but should also be disbarred. Just take a look at his Order, Ton, and see what a liar he is . . . .)
x x x
BAGABUYO : Yes, nag-ingon ang iyang Order. . . . Ngano nga nakaingon ako nga bakakon kini, nag-ingon nga kini konong order given in open court, ang kalooy sa dios, ang iyang order sa Korte wala siya mag-ingon ug kantidad nga P100,000.00 nga bail bond. . . .
(Yes, his Order said that . . . . Why did I say that he is a liar? It states that this Order was given in open court, and in Gods mercy, he did not state the amount of P100,000.00 as bail bond. . . .)
BAGABUYO : Kay dili man lagi mahi balo sa balaod, ako siyang gui-ingnan, Your Honor, I have the right to appeal. Mibalik dayon, ug miingon siya, BJMP arrest Bagabuyo.
(Because he does not know the law, I said, Your Honor, I have the right to appeal. Then he came back and said, BJMP, arrest Bagabuyo.)
x x x BAGABUYO : . . . P100,000.00 ang iyang guipapiyansa. Naunsa na? Dinhi makita nimo ang iyang pagka gross ignorance of the law. . . .
(He imposed a bail of P100,000.00. How come? This is where you will see his gross ignorance of the law. . . . )
x x x
TONY CONSING : So karon, unsay plano nimo karon?
(So what is your plan now?) BAGABUYO : Sumala sa akong gui-ingon moundang lang ako kon matangtang na siya sa pagka abogado. . . .
(As I have said, I will only stop if he is already disbarred. . . .)
x x x
BAGABUYO : Nasuko siya niini kay hambugero kuno, pero angayan niyang hibaw-an nga ang trabajo sa Huwes dili ang pagtan-aw kon ang tawo hambugero . . . . Ug ang akong gisulti mao lamang ang balaod nga siya in fact at that time I said he is not conversant of the law, with regards to the case of murder. . . .
(He got angry because I was allegedly bragging but he should know that it is not for a judge to determine if a person is a braggart. . . .And what I said was based on the law. In fact, at that time, I said he is not conversant of the law, with regards to the case of murder . . . .)
x x x
BAGABUYO : Ah, mi sit down sab ako, contempt ra ba kadto . . . . Mao kana, pero unsa may iyang katuyoan ang iyang katuyoan nga ipa- adto ako didto kay didto, iya akong pakauwawan kay iya kong sikopon, iya kong ipa-priso, pero kay di man lagi mahibalo sa balaod, ang iyang gui orderan BJMP, intawon por dios por Santo, Mr. Tan, pagbasa intawon ug balaod, naunsa ka ba Mr. Tan? Unsa may imong hunahuna nga kon ikaw Huwes, ikaw na ang diktador, no way, no sir, ours is a democratic country where all and everyone is entitled to due process of law you did not accord me due process of law . . . .
(I sat down. . . . Thats it. But what was his purpose? He made me come in order to humiliate me because he wanted me arrested, he wanted me imprisoned, but because he is ignorant of the law, he ordered the BMJP. For Gods sake, Mr. Tan, whats wrong with you, Mr. Tan? Please read the law. What is your thinking? That when you are a judge, you are also a dictator? No way, no sir, ours is a democratic country where all and everyone is entitled to due process of law you did not accord me due process of law. . . .)
TONY CONSING: So mopasaka kang disbarment, malaumon kita nga maaksiyonan kini, with all this problem sa Korte Suprema.
(So you are filing a disbarment case? We hope that this be given action with all the problems in the Supreme Court.)
BAGABUYO : Dili ako mabalaka niana kay usa ka truck ang akong jurisprudence, nga ang mga Huwes nga di mahibalo sa balaod pagatangtangon gayod sa ilang pagka Huwes. . . . Apan unsa man intawon ang balaod ang iyang gibasa niini nadunggan ko nga kini kuno siya madjongero, mao bitaw na, madjong ang iyang guitunan?
(I am not worried because I have a truckload of jurisprudence that judges who are ignorant of the law must be removed from the Bench. But what law has he been reading? I heard that he is a mahjong aficionado (mahjongero) and that is why he is studying mahjong.
The trial court concluded that respondent, as a member of the bar and an officer of the court, is duty bound to uphold the dignity and authority of the court, and should not promote distrust in the administration of justice.
The trial court stated that it is empowered to suspend respondent from the practice of law under Sec. 28, Rule 138 of the Rules of Court for any of the causes mentioned in Sec. 27 of the same Rule. Respondent was given the opportunity to be heard, but he opted to be silent. Thus, it held that the requirement of due process has been duly satisfied. In accordance with the provisions of Sec. 29, Rule 138 and Sec. 9, Rule 139 of the Rules of Court, the RTC of Surigao City, Branch 29, transmitted to the Office of the Bar Confidant the Statement of Facts of respondents suspension from the practice of law, dated July 14, 2005, together with the order of suspension and other relevant documents.
In its Report dated January 4, 2006, the Office of the Bar Confidant found that the article in the August 18, 2003 issue of the Mindanao Gold Star Daily, which maligned the integrity and independence of the court and its officers, and respondents criticism of the trial courts Order dated November 12, 2002, which was aired in radio station DXKS, both in connection with Crim. Case No. 5144, constitute grave violation of oath of office by respondent. It stated that the requirement of due process was complied with when respondent was given an opportunity to be heard, but respondent chose to remain silent.
The Office of the Bar Confidant recommended the implementation of the trial courts order of suspension dated February 8, 2004, and that respondent be suspended from the practice of law for one year, with a stern warning that the repetition of a similar offense will be dealt with more severely.
The Court approves the recommendation of the Office of the Bar Confidant. It has been reiterated in Gonzaga v. Villanueva, Jr. that:
A lawyer may be disbarred or suspended for any violation of his oath, a patent disregard of his duties, or an odious deportment unbecoming an attorney. Among the grounds enumerated in Section 27, Rule 138 of the Rules of Court are deceit; malpractice; gross misconduct in office; grossly immoral conduct; conviction of a crime involving moral turpitude; any violation of the oath which he is required to take before admission to the practice of law; willful disobedience of any lawful order of a superior court; corrupt or willful appearance as an attorney for a party to a case without authority to do so. The grounds are not preclusive in nature even as they are broad enough as to cover practically any kind of impropriety that a lawyer does or commits in his professional career or in his private life. A lawyer must at no time be wanting in probity and moral fiber which are not only conditions precedent to his entrance to the Bar, but are likewise essential demands for his continued membership therein Lawyers are licensed officers of the courts who are empowered to appear, prosecute and defend; and upon whom peculiar duties, responsibilities and liabilities are devolved by law as a consequence. Membership in the bar imposes upon them certain obligations. Canon 11 of the Code of Professional Responsibility mandates a lawyer to observe and maintain the respect due to the courts and to judicial officers and [he] should insist on similar conduct by others. Rule 11.05 of Canon 11 states that a lawyer shall submit grievances against a judge to the proper authorities only.
Respondent violated Rule 11.05 of Canon 11 when he admittedly caused the holding of a press conference where he made statements against the Order dated November 12, 2002 allowing the accused in Crim. Case No. 5144 to be released on bail.
Respondent also violated Canon 11 when he indirectly stated that Judge Tan was displaying judicial arrogance in the article entitled, Senior prosecutor lambasts Surigao judge for allowing murder suspect to bail out, which appeared in the August 18, 2003 issue of the Mindanao Gold Star Daily. Respondents statements in the article, which were made while Crim. Case No. 5144 was still pending in court, also violated Rule 13.02 of Canon 13, which states that a lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party.
In regard to the radio interview given to Tony Consing, respondent violated Rule 11.05 of Canon 11 of the Code of Professional Responsibility for not resorting to the proper authorities only for redress of his grievances against Judge Tan. Respondent also violated Canon 11 for his disrespect of the court and its officer when he stated that Judge Tan was ignorant of the law, that as a mahjong aficionado, he was studying mahjong instead of studying the law, and that he was a liar. Respondent also violated the Lawyers Oath, as he has sworn to conduct [himself] as a lawyer according to the best of [his] knowledge and discretion with all good fidelity as well to the courts as to [his] clients. As a senior state prosecutor and officer of the court, respondent should have set the example of observing and maintaining the respect due to the courts and to judicial officers. Montecillo v. Gica held: It is the duty of the lawyer to maintain towards the courts a respectful attitude. As an officer of the court, it is his duty to uphold the dignity and authority of the court to which he owes fidelity, according to the oath he has taken. Respect for the courts guarantees the stability of our democratic institutions which, without such respect, would be resting on a very shaky foundation.
The Court is not against lawyers raising grievances against erring judges but the rules clearly provide for the proper venue and procedure for doing so, precisely because respect for the institution must always be maintained. WHEREFORE, in view of the foregoing, Atty. Rogelio Z. Bagabuyo is found guilty of violating Rule 11.05, Canon 11 and Rule 13.02, Canon 13 of the Code of Professional Responsibility, and of violating the Lawyers Oath, for which he is SUSPENDED from the practice of law for one (1) year effective upon finality of this Decision, with a STERN WARNING that the repetition of a similar offense shall be dealt with more severely.
Let copies of this Decision be furnished the Office of the Bar Confidant to be appended to respondents personal record as an attorney, the Integrated Bar of the Philippines, the Department of Justice, and all courts in the country for their information and guidance.
No costs.
SO ORDERED. Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. 75209 September 30, 1987 NESTLE PHILIPPINES, INC., petitioner, vs. HON. AUGUSTO S. SANCHEZ, MINISTER OF LABOR AND EMPLOYMENT and THE UNION OF FILIPRO EMPLOYEES, respondents. No. 78791 September 30, 1987 KIMBERLY INDEPENDENT LABOR UNION FOR SOLIDARITY, ACTIVISM AND NATIONALISM-OLALIA, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, MANUEL AGUILAR, MA. ESTRELLA ALDAS, CAPT. REY L. LANADA, COL. VIVENCIO MANAIG and KIMBERLY- CLARK PHILIPPINES, INC., respondents. R E S O L U T I O N
PER CURIAM: During the period July 8-10. 1987, respondent in G.R. No. 75029, Union of Filipro Employees, and petitioner in G.R. No. 78791, Kimberly Independent Labor Union for Solidarity, Activism and Nationalism-Olalia intensified the intermittent pickets they had been conducting since June 17, 1987 in front of the Padre Faura gate of the Supreme Court building. They set up pickets' quarters on the pavement in front of the Supreme Court building, at times obstructing access to and egress from the Court's premises and offices of justices, officials and employees. They constructed provisional shelters along the sidewalks, set up a kitchen and littered the place with food containers and trash in utter disregard of proper hygiene and sanitation. They waved their red streamers and placards with slogans, and took turns haranguing the court all day long with the use of loud speakers. These acts were done even after their leaders had been received by Justices Pedro L. Yap and Marcelo B. Fernan as Chairmen of the Divisions where their cases are pending, and Atty. Jose C. Espinas, counsel of the Union of Filipro Employees, had been called in order that the pickets might be informed that the demonstration must cease immediately for the same constitutes direct contempt of court and that the Court would not entertain their petitions for as long as the pickets were maintained. Thus, on July 10, 1987, the Court en banc issued a resolution giving the said unions the opportunity to withdraw graciously and requiring Messrs. Tony Avelino. Lito Payabyab, Eugene San Pedro, Dante Escasura, Emil Sayao and Nelson Centeno, union leaders of respondent Union of Filipro Employees in the Nestle case and their counsel of record, Atty. Jose C. Espinas; and Messrs. Ernesto Facundo, Fausto Gapuz, Jr. and Antonio Gonzales, union leaders of petitioner Kimberly Independent Labor Union for Solidarity, Activism and Nationalism-Olalia in the Kimberly case to appear before the Court on July 14, 1987 at 10:30 A.M. and then and there to SHOW CAUSE why they should not be held in contempt of court. Atty. Jose C. Espinas was further required to SHOW CAUSE why he should not be administratively dealt with. On the appointed date and time, the above-named individuals appeared before the Court, represented by Atty. Jose C. Espinas, in the absence of Atty. Potenciano Flores, counsel of record of petitioner in G.R. No. 78791, who was still recuperating from an operation. Atty. Espinas, for himself and in behalf of the union leaders concerned, apologized to the Court for the above-described acts, together with an assurance that they will not be repeated. He likewise manifested to the Court that he had experienced to the picketers why their actions were wrong and that the cited persons were willing to suffer such penalty as may be warranted under the circumstances. 1 He, however, prayed for the Court's leniency considering that the picket was actually spearheaded by the leaders of the "Pagkakaisa ng Mangagawa sa Timog Katagalogan" (PAMANTIK), an unregistered loose alliance of about seventy-five (75) unions in the Southern Tagalog area, and not by either the Union of Filipro Employees or the Kimberly Independent Labor Union. 2
Atty. Espinas further stated that he had explained to the picketers that any delay in the resolution of their cases is usually for causes beyond the control of the Court and that the Supreme Court has always remained steadfast in its role as the guardian of the Constitution. To confirm for the record that the person cited for contempt fully understood the reason for the citation and that they wig abide by their promise that said incident will not be repeated, the Court required the respondents to submit a written manifestation to this effect, which respondents complied with on July 17, 1987. We accept the apologies offered by the respondents and at this time, forego the imposition of the sanction warranted by the contemptuous acts described earlier. The liberal stance taken by this Court in these cases as well as in the earlier case of AHS/PHILIPPINES EMPLOYEES UNION vs. NATIONAL LABOR RELATIONS COMMISSION, et al., G.R. No. 73721, March 30, 1987, should not, however, be considered in any other light than an acknowledgment of the euphoria apparently resulting from the rediscovery of a long-repressed freedom. The Court will not hesitate in future similar situations to apply the full force of the law and punish for contempt those who attempt to pressure the Court into acting one way or the other in any case pending before it. Grievances, if any, must be ventilated through the proper channels, i.e., through appropriate petitions, motions or other pleadings in keeping with the respect due to the Courts as impartial administrators of justice entitled to "proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions and tending to embarrass the administration of justice." 3
The right of petition is conceded to be an inherent right of the citizen under all free governments. However, such right, natural and inherent though it may be, has never been invoked to shatter the standards of propriety entertained for the conduct of courts. For "it is a traditional conviction of civilized society everywhere that courts and juries, in the decision of issues of fact and law should be immune from every extraneous influence; that facts should be decided upon evidence produced in court; and that the determination of such facts should be uninfluenced by bias, prejudice or sympathies." 4
Moreover, "parties have a constitutional right to have their causes tried fairly in court by an impartial tribunal, uninfluenced by publication or public clamor. Every citizen has a profound personal interest in the enforcement of the fundamental right to have justice administered by the courts, under the protection and forms of law free from outside coercion or interference." 5 The aforecited acts of the respondents are therefore not only an affront to the dignity of this Court, but equality a violation of the above-stated right of the adverse parties and the citizenry at large. We realize that the individuals herein cited who are non-lawyers are not knowledgeable in her intricacies of substantive and adjective laws. They are not aware that even as the rights of free speech and of assembly are protected by the Constitution, any attempt to pressure or influence courts of justice through the exercise of either right amounts to an abuse thereof, is no longer within the ambit of constitutional protection, nor did they realize that any such efforts to influence the course of justice constitutes contempt of court. 6 The duty and responsibility of advising them, therefore, rest primarily and heavily upon the shoulders of their counsel of record. Atty. Jose C. Espinas, when his attention was called by this Court, did his best to demonstrate to the pickets the untenability of their acts and posture. Let this incident therefore serve as a reminder to all members of the legal profession that it is their duty as officers of the court to properly apprise their clients on matters of decorum and proper attitude toward courts of justice, and to labor leaders of the importance of a continuing educational program for their members. WHEREFORE, the contempt charges against herein respondents are DISMISSED. Henceforth, no demonstrations or pickets intended to pressure or influence courts of justice into acting one way or the other on pending cases shall be allowed in the vicinity and/or within the premises of any and all courts. SO ORDERED. Teehankee, C.J., Yap, Fernan, Narvasa, Melencio- Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano, Padilla, Bidin, Sarmiento and Cortes, JJ., concur. Gancayco, J., is on leave.