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Documente Cultură
Fortunado
Facts:
Respondents Fortunado are the owners of a registered parcel of land. It was
mortgaged to Traders Commercial Bank by Arsenio Lopez, jr to secure a loan.
Consequently, respondents sought the annulment of the real estate mortgage before the
Court of First Instance, which granted the same. However, on appeal, it was reversed by
the Court of Appeals which held the said mortgage valid. Traders Commercial Bank
assigned its rights to petitioner Angel Bautista, who requested the City Sheriff for the
foreclosure of the mortgage. Thereafter, respondent filed a complaint for preliminary
injunction of the foreclosure because the mortgage was already extinguished by the
payment of the loan. It was granted after motion for reconsideration. Petitioner filed a
petition for review before the Supreme Court.
We gave due course to the petition and required the contending parties to submit their
respective Memoranda on August 31, 1988.
On January 30, 1995, respondents, through counsel Ramon A. Gonzales, filed a verified
Manifestation informing the Court that the subject real estate mortgage has already
been released by the Traders Royal Bank on December 23, 1983 as shown in the
certified true copy of the Release of Real Estate Mortgage, 7 and that the petitioner was
killed in a robbery in his house. 8 Respondents therefore pray for the dismissal of the
petition.
On February 20, 1995, this Court required petitioner's counsel Atty. Emilio Abrogena to
comment on the said Manifestation. However, the copy of the resolution of the Court
addressed to Atty. Abrogena was returned unclaimed after three notices, 9 with the
postmaster's remark "moved." In view of this development, the Court considered the
resolution as served.
Issue:
Whether or not petitioners counsel violates his duties to the court?
Ruling:
Yes. However, we take notice of the failure of petitioner's lawyer, Atty. Emilio
Abrogena, to inform the trial court of the death of petitioner, a duty mandated by
Section 16, Rule 3 of the Revised Rules of Court, which provides in part, to wit:
Sec. 16. Death of party; duty of counsel. Whenever a party to a pending
action dies, and the claim is not thereby extinguished, it shall be the duty
of his counsel to inform the court within thirty (30) days after such death
of the fact thereof, and to give the name and address of his legal
representative or representatives. Failure of the counsel to comply with
this duty shall be a ground for disciplinary action.
xxx xxx xxx
Hence, the proper substitution of the deceased in accordance with the aforequoted
provisions of Rule 3 could not be effected.
We likewise note Atty. Abrogena's failure to inform this Court of his change of address
which accounts for his failure to comment on the manifestation of respondents relative
to the death of petitioner and the release of the subject real estate mortgage.
Atty. Abrogena should bear in mind that a lawyer is, first and foremost, an officer of the
court. His duties to the court are more significant than those which he owes to his client.
His first duty is not to his client but to the administration of justice; to that end, his
client's success is wholly subordinate; and his conduct ought to and must always be
scrupulously observant of the law and ethics of the profession. 12
WHEREFORE, the petition is hereby DISMISSED for being moot and academic. Atty.
Emilio Abrogena, counsel for petitioner, is hereby REPRIMANDED for his failure to
inform this Court of the death of petitioner and to perform his duty under Section 16,
Rule 3 of the Revised Rules of Court. He is further warned that a repetition of such
omission in the future will be dealt with severely.
SO ORDERED.
Occea vs. Marquez
Facts:
The gross value of the estate of the late William C. Ogan subject matter of the
probate proceeding in Sp. Proc. No. 423 is more than P2 million. Petitioners, Atty. Jesus
V. Occea and Atty. Samuel C. Occea, are the lawyers for the estate executrix, Mrs.
Necitas Ogan Occea, and they had been representing the said executrix since 1963,
defending the estate against claims and protecting the interests of the estate. In order to
expedite the settlement of their deceased father's estate, the seven instituted heirs
decided to enter into compromise with the claimants, as a result of which the total
amount of P220,000.00 in cash was awarded to the claimants, including co-executor
Atty. Isabelo V. Binamira, his lawyers and his wife.
Petitioners filed a Motion for Partial Payment of Attorneys Fees in the amount of
30,000 pesos. However, the trial court granted as total payment of attorneys fee the
amount of 20,000 pesos. Thus, petitioners filed a petition for certiorari with mandamus
arguing that respondent Judge committed grave abuse of discretion in making the said
decision. On the arguments that he had opposed in the lower court petitioners' motion
for payment of partial attorney's fees in the amount of P30,000.00, and that since
petitioners Samuel C. Occea and Jesus V. Occea are the husband and father-in-law,
respectively, of executrix Necitas Ogan Occea, the latter cannot be expected to oppose
petitioners' claims for attorney's fees, thus leaving the co-executor as the lone party to
represent and defend the interests of the estate, Atty. I. V. Binamira, who claims to be
co-executor of the Ogan estate, filed with this Court on July, 1967, a Motion for Leave to
Intervene, which was granted in a resolution of August 9, 1967. Thereafter, Petitioners
have filed petitions for indirect contempt of court against intervenor I. V. Binamira
charging the latter of having made false averments in this Court.
Issue:
Whether or not intervenor Binamira is liable for contempt for making false
averments?
Ruling:
We conclude that intervenor I. V. Binamira has deliberately made false
allegations before this Court which tend to impede or obstruct the administration of
justice x x x (See case for false averments)
The foregoing are only some of the twenty-one instances cited by petitioners
which clearly show that intervenor had deliberately made false allegations in his
pleadings.
We find no rule of law or of ethics which would justify the conduct of a lawyer in any
case, whether civil or criminal, in endeavoring by dishonest means to mislead the court,
even if to do so might work to the advantage of his client. The conduct of the lawyer
before the court and with other lawyers should be characterized by candor and fairness.
It is neither candid nor fair for a lawyer to knowingly make false allegations in a judicial
qualifications required by law for the conferment of such privilege. 15 One of those
requirements is the observance of honesty and candor. It cannot be gainsaid that
candidness, especially towards the courts, is essential for the expeditious administration
of justice. Courts are entitled to expect only complete candor and honesty from the
lawyers appearing and pleading before them. A lawyer, on the other hand, has the
fundamental duty to satisfy that expectation. Otherwise, the administration of justice
would gravely suffer if indeed it could proceed at all. It is essential that lawyers bear in
mind at all times that their first duty is not to their clients but rather to the courts, that
they are above all officers of court sworn to assist the courts in rendering justice to all
and sundry, and only secondarily are they advocates of the exclusive interests of their
clients. For this reason, he is required to swear to do no falsehood, nor consent to the
doing of any in court. 16
In the instant case, respondent Viola alleged in an earlier pleading that his clients were
merely lessees of the property involved. In his later pleading, he stated that the very
same clients were owners of the same property. One of these pleadings must have been
false; it matters not which one. What does matter is that respondent, who, as a member
of the ancient and learned profession of the law, had sworn to do no falsehood before
the courts, did commit one. It was incumbent upon respondent to explain how or why
he committed no falsehood in pleading two (2) incompatible things; he offered no
explanation, other than that he had not originated but merely continued the registration
proceedings when he filed the Amended Application, and that he really believed his
clients were entitled to apply for registration of their rights. Respondents excuses ring
very hollow; we agree with the Solicitor General and the complainant that those excuses
do not exculpate the respondent.
It is clear to the Court that respondent Viola violated his lawyers oath and as well Canon
22 of the Canons of Professional Ethics which stated that [t]he conduct of the lawyer
before the court and with other lawyers should be characterized by candor and fairness
(now Canon 10 of the Code of Professional Responsibility prescribing that [a] lawyer
owes candor, fairness and good faith to the courts). He has been deplorably lacking in
the candor required of him as a member of the Bar and an officer of the court. In his
apparent zeal to secure the title to the property involved for his clients, he disregarded
his overriding duty to the court and to the law itself.
WHEREFORE, finding respondent Escolastico R. Viola guilty of committing a
falsehood in violation of his lawyers oath and of the Canons of Professional Ethics (now
the Code of Professional Responsibility), the Court Resolved to SUSPEND respondent
from the practice of law for a period of five (5) months, with a WARNING that
commission of the same or similar offense in the future will result in the imposition of a
more severe penalty. A copy of this Resolution shall be spread on the personal record of
respondent in the Office of the Bar Confidant.
Chan Kian vs. Angsin
Facts:
Plaintiff Kian filed a civil complaint against defendant. On the other hand,
defendant filed a criminal complaint against plaintiff. As a result thereof, defendant filed
a motion to dismiss the civil case. Thereafter, the trial court dismissed the civil case on
the ground that, under the rules, after a criminal action has been commenced, no civil
action arising from the same offense can be prosecuted. It was appealed by the plaintiff
to the Court of Appeals which transmitted the same to the Supreme Court because only
question of law was raised.
The Court's examination, motu proprio, of the record of said Criminal Case No. 67752
entitled "People vs. Chan Kian" has shown that the principal issue raised on appeal by
herein plaintiff-appellant that the lower court erred in issuing the order dismissing his
civil complaint against the complainant in the criminal case on its ruling that the trial of
the criminal case should take precedence over the civil case, has become moot and
academic. This is so because in the meantime long before this case was certified to this
Court by the appellate court on September 19, 1967, the trial of the criminal case had
proceeded and terminated with a judgment of conviction rendered on July 9, 1964 by
Judge Kapunan of Branch XVIII, which in turn was reversed on appeal by the Court of
Appeals as per its decision of June 18, 1965.
Issue:
Whether or not the lawyers violated their duties to the court when they failed to
notify the court about the finality of the criminal case?
Ruling:
The Court notes with regret that had the counsels, 10 as officers of the courts, but
faithfully complied with their duty to deal with the courts in truth and candor, and
promptly manifested to the appellate court the above developments, all by June, 1965,
which have made the principal issue at bar moot and academic, 11 this case would then
have been disposed of and need not have been certified to this Court, and the time
needed by it to devote to the prompt disposition of meritorious cases need not have been
thus
dissipated. 12
At any rate, it is clear that the civil case filed by plaintiff-appellant should merely have
been suspended, not dismissed although without prejudice, by the lower court under the
Rule invoked by it. 13 Appellee concedes as much, stating that the dismissal without
prejudice is in effect a suspension pending the outcome of the criminal case.
Now that the criminal case has already been resolved, the lower court's dismissal of the
civil case should be set aside and the case accordingly remanded to it.
On March 12, 1969, the Court, upon motion of plaintiff-appellant, issued its Resolution
authorizing plaintiff "to sell at the best price obtainable, under the supervision of the
Clerk of this Court or his representative, the 400 drums of monosodium glutamate
subject of this case, now stored in the bodega of the General Packing Corporation, and to
deposit with this Court the proceeds of such sale, after deducting the storage fees and
other necessary expenses." As per report of the Clerk of Court, this Resolution has not
been implemented to date, due according to plaintiff's explanation of December 9, 1971,
to the very low price being offered for the article. With the present disposition of this
case, this matter has become moot, without prejudice to plaintiff's refiling his motion
anew with the lower court.
ACCORDINGLY, for the reasons stated hereinabove, the appealed order of dismissal is
hereby set aside and the case is remanded to the lower court for proper trial and
disposition on the merits. With costs against defendant-appellee.
Casals vs. Cusi
Facts:
Upon the filing on November 2, 1972 of the petition at bar for certiorari and
prohibition with prayer for writ of preliminary injunction, the Court as per its resolution
of November 9, 1972 resolved, without giving due course to the petition, to require
respondents to comment thereon within ten days from notice and to issue a temporary
restraining order restraining respondent court inter alia from proceeding with the
hearing of the case 1 pending before it below.
Despite notice and order of the court, Atty. Delante, as counsel for respondents,
had repeatedly failed to file the required comment, specifically, he failed three (3) times
to file it.
Issue:
Whether or not Atty. Delante violated his duties to the court?
Ruling:
The Court thus finds unsatisfactory Atty. Delante's explanation for his having
allowed his extended period to lapse without submitting the required comment nor
extending to the Court the courtesy of any explanation or manifestation for his failure to
do so. His inaction unduly prevented and delayed for a considerable period the Court's
prompt disposition of the petition. Worse, when this was noted and the Court required
his explanation, he gave an explanation that is devious and unworthy of belief since it is
contradicted by his own previous representations of record as well as by the
"supporting" documents submitted by him therewith, as shown hereinabove.
Furthermore, notwithstanding the lapse of over six months which he let pass without
submitting the required comment which according to his motion of December 28,
1972 was "already prepared" by him and was only to be typed in clean, Atty. Delante in
his explanation still brazenly asked the Court for a further period to submit respondents'
comment which supposedly had been readied by him for submittal six months ago. His
cavalier actions and attitude manifest gross disrespect for the Court's processes and
tend to embarrass gravely the administration of justice.
In Pajares vs. Abad Santos 2 the Court reminded attorneys that "There must be more
faithful adherence to Rule 7, section 5 of the Rules of Court which provides that "the
signature of an attorney constitutes a certificate by him that he has read the pleading
and that to the best of his knowledge, information and belief, there is good ground to
support it; and that it is not interposed for delay" and expressly admonishes that "for a
willful violation of this rule an attorney may be subjected to disciplinary action."
It should also not be necessary to remind attorneys of their solemn oath upon their
admission to the Philippine Bar, that they will do no falsehood and conduct themselves
as lawyers according to the best of their knowledge and discretion good fidelity to the
courts and their clients.
The unsatisfactory explanation given by Atty. Delante as against the pleadings of record
in the case at bar evinces a willful disregard of his solemn duty as an attorney to employ
in the conduct of a case "such means only as are consistent with truth and honor, and
never seek to mislead" the courts "by an artifice or false statement of false statement of
fact or law." 3
The Court has ever stressed that a lawyer must do his best to honor his oath, as there
would be a great detriment to, if not a failure of the administration of justice if courts
could not rely on the submissions and representations made by lawyers in the conduct
of a case. As stated by the Court in one case, "Time and time again, lawyers have been
admonished to remember that they are officers of the court, and that while they owe
their clients the duty of complete fidelity and the utmost diligence, they are likewise held
to strict accountability insofar as candor and honesty towards the court is concerned." 4
Hence, the Court has in several instances suspended lawyers from the practice of law for
failure to file appellants' briefs in criminal cases despite repeated extensions of time
obtained by them, (except to file the missing briefs), with the reminder that "the trust
imposed on counsel in accordance not only with the canons of legal ethics but with the
soundest traditions of the profession would require fidelity on their part."
Considering, however, that counsel's record shows no previous infractions on his part
since his admission to the Philippine Bar in 1959, the Court is inclined to act in a spirit
of leniency.
ACCORDINGLY, the Court hereby suspends Atty. Leonido C. Delante from the practice
of law for a period of three (3) months effective from his receipt of notice hereof, with
the warning that repetition of the same or similar acts shall be dealt with more severely.
The clerk of court is directed to circularize notice of such suspension to the Court of
Appeals and all courts of first instance and other courts of similar rank.
As We stated before:
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. This 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. He should give due allowance to the
fact that judges are but men; and men are encompassed by error, fettered
by fallibility.
... To be sure, lawyers may come up with various methods, perhaps much
more effective, in calling the Court's attention to the issues involved. The
language vehicle does not run short of expressions, emphatic but
respectful, convincing but not derogatory, illuminating but not offensive
(Rheem of the Philippines vs. Ferrer G. R. No. L-22979, June 26, 1967; 20
SCRA 441, 444-445)
SMRB vs. Cloribel
Facts:
The case involved two contempt cases, to wit:
1st Contempt case:
After the July 31, 1968 decision of this Court adverse to respondent MacArthur
International Minerals Co., the Solicitor General brought to our attention statements of
record purportedly made by Vicente L. Santiago, Erlito R. Uy, Graciano Regala, and Jose
Beltran Sotto, members of the Bar, with the suggestion that disciplinary action be taken
against them. On November 21, 1968, this Court issued a show-cause order.
The following statements, so the Solicitor General avers, are set forth in the memoranda
personally signed by Atty. Jose Beltran Sotto:
a. They (petitioners, including the Executive Secretary) have made these
false, ridiculous and wild statements in a desperate attempt to prejudice
the courts against MacArthur International. Such efforts could be
accurately called "scattershot desperation" (Memorandum for
Respondents dated March 27, 1968, pp. 13-14, three lines from the bottom
of page 13 and first line page 14).
b. Such a proposition is corrupt on its face and it lays bare the immoral
and arrogant attitude of the petitioners. (Respondents' Supplemental
Memorandum and Reply to Petitioner's Memorandum Brief, dated April
13, 1968, p. 16, last two lines on bottom of the page).
c. The herein petitioners ... opportunistically change their claims and
stories not only from case to case but from pleading to pleading in the
same case. (Respondents' Supplemental Memorandum,Ibid., p.17, sixth,
seventh and eighth lines from bottom of the page).
MacArthur's third motion for reconsideration signed by Atty. Vicente L. Santiago, on his
behalf and purportedly for Attys. Erlito R. Uy, Graciano Regala and Associates, and Jose
B. Sotto, the Solicitor General points out, contain the following statements:
d. ... ; and [the Supreme Court] has overlooked the applicable law due to
the misrepresentation and obfuscation of the petitioners' counsel. (Last
sentence, par. 1, Third Motion for Reconsideration dated Sept. 10, 1968).
e. ... Never has any civilized, democratic tribunal ruled that such a
gimmick (referring to the "right to reject any and all bids") can be used by
On November 21, 1968, Atty. Vicente L. Santiago, again for himself and Attys. Erlito R.
Uy and Graciano Regala and Associates, in writing pointed out to this Court that the
statements specified by the Solicitor General were either quoted out of context, could be
defended, or were comments legitimate and justifiable. Concern he expressed for the
fullest defense of the interests of his clients. It was stressed that if MacArthur's attorney
could not plead such thoughts, his client would be deprived of due process of law.
However, counsel sought to change the words "Chief Justice" to "Supreme Court"
appearing on line 7, paragraph 2 of the motion to inhibit. Atty. Santiago also voluntarily
deleted paragraph 6 of the said motion, which in full reads:
6. Unfortunately for our people, it seems that many of our judicial
authorities believe that they are the chosen messengers of God in all
matters that come before them, and that no matter what the circumstances
are, their judgment is truly ordained by the Almighty unto eternity. Some
seem to be constitutionally incapable of considering that any emanation
from their mind or pen could be the product of unjudicial prejudice or
unjudicial sympathy or favoritism for a party or an issue. Witness the
recent absurdity of Judge Alikpala daring to proceed to judge a motion to
hold himself in contempt of court seemingly totally oblivious or
uncomprehending of the violation of moral principle involved and also
of Judge Geraldez who refuses to inhibit himself in judging a criminal case
against an accused who is also his correspondent in two other cases. What
is the explanation for such mentality? Is it outright dishonesty? Lack of
intelligence? Serious deficiency in moral comprehension? Or is it that
many of our government officials are just amoral?
Second Contempt Case:
A second contempt proceeding arose when, on July 14, 1969, respondent MacArthur,
through new counsel, Atty. Juanito M. Caling who entered a special appearance for the
purpose, lodged a fourth motion for reconsideration without express leave of court. Said
motion reiterated previous grounds raised, and contained the following paragraphs:
4. The said decision is illegal because it was penned by the Honorable
Chief Justice Roberto Concepcion when in fact he was outside the borders
of the Republic of the Philippines at the time of the Oral Argument of the
above-entitled case which condition is prohibited by the New Rules of
Court Section 1, Rule 51, and we quote: "Justices; who may take part.
... . only those members present when any matter is submitted for oral
argument will take part in its consideration and adjudication ..." This
requirement is especially significant in the present instance because the
member who penned the decision was the very member who was absent
for approximately four months or more. This provision also applies to the
Honorable Justices Claudio Teehankee and Antonio Barredo.
xxx xxx xxx
6. That if the respondent MacArthur International Minerals Company
abandons its quest for justice in the Judiciary of the Philippine
Government, it will inevitably either raise the graft and corruption of
Philippine Government officials in the bidding of May 12, 1965, required
by the Nickel Law to determine the operator of the Surigao nickel deposits,
to the World Court on grounds of deprivation of justice and confiscation of
property and /or to the United States Government, either its executive or
judicial branches or both, on the grounds of confiscation of respondent's
proprietary vested rights by the Philippine Government without either
compensation or due process of law and invoking the Hickenlooper
Amendment requiring the cutting off of all aid and benefits to the
Philippine Government, including the sugar price premium, amounting to
more than fifty million dollars annually, until restitution or compensation
is made.
This elicited another resolution from this Court on July 18, 1969, requiring Atty. Juanito
M. Caling "to show cause within five (5) days from receipt of notice hereof why he
should not be dealt with for contempt of court."
Issue:
Whether or not the lawyers in this case violated their duties to the court?
Ruling:
1st contempt case:
The mischief that stems from all of the foregoing gross disrespect is easy to
discern. Such disrespect detracts much from the dignity of a court of justice. Decidedly
not an expression of faith, counsel's words are intended to create an atmosphere of
distrust, of disbelief. We are thus called upon to repeat what we have said in Rheem of
the Philippines vs. Ferrer (1967), 20 SCRA 441, 444, as follows: "By now, a lawyer's
duties to the Court have become common place. Really, there could hardly be any valid
excuse for lapses in the observance thereof. Section 20(b), Rule 138 of the Rules of
Court, in categorical terms, spells out one such duty: 'To observe and maintain the
respect due to the courts of justice and judicial officers.' As explicit is the first canon of
legal ethics which pronounces that '[i]t is the duty of the lawyer 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.' That same canon, as a
corollary, makes it peculiarly incumbent upon lawyers to support the courts against
'unjust criticism and clamor.' And more. The attorney's oath solemnly binds him to a
conduct that should be 'with all good fidelity ... to the courts.' Worth remembering is
that the duty of an attorney to the courts can only be maintained by rendering no service
involving any disrespect to the judicial office which he is bound to uphold.' "
A lawyer is an officer of the courts; he is, "like the court itself, an instrument or agency
to advance the ends of justice." 1 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."2 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."3 Thus has it been said of a lawyer that "[a]s an officer of the
court, it is his sworn and moral duty to help build and not destroy unnecessarily that
high esteem and regard towards the courts so essential to the proper administration of
justice."4
It ill behooves Santiago to justify his language with the statement that it was necessary
for the defense of his client. A client's cause does not permit an attorney to cross the line
between liberty and license. Lawyers must always keep in perspective the thought that
"[s]ince lawyers are administrators of justice, oath-bound servants of society, their first
duty is not to their clients, as many suppose, but to the administration of justice; to this,
their clients' success is wholly subordinate; and their conduct ought to and must be
scrupulously observant of law and ethics." 5 As rightly observed by Mr. Justice Malcolm
in his well-known treatise, a judge from the very nature of his position, lacks the power
to defend himself and it is the attorney, and no other, who can better or more
appropriately support the judiciary and the incumbent of the judicial position. 6 From
this, Mr. Justice Malcolm continued to say: "It will of course be a trying ordeal for
attorneys under certain conditions to maintain respectful obedience to the court. It may
happen that counsel possesses greater knowledge of the law than the justice of the peace
or judge who presides over the court. It may also happen that since no court claims
infallibility, judges may grossly err in their decisions. Nevertheless, discipline and selfrestraint on the part of the bar even under adverse conditions are necessary for the
orderly
administration
of
justice."7
The precepts, the teachings, the injunctions just recited are not unfamiliar to lawyers.
And yet, this Court finds in the language of Atty. Santiago a style that undermines and
degrades the administration of justice. The stricture in Section 3 (d) of Rule 71 of the
those members present when any matter is submitted for oral argument
will take part in its consideration and adjudication, if the parties or either
of them, express a desire to that effect in writing filed with the clerk at the
date
of
12
submission.
Atty. Caling, who was admitted to the Bar in 1966, did not attempt to explain this point.
Meads, however, for his part tried to reason out why such a distorted quotation came
about the portion left out was anyway marked by "XS" which is a common practice
among lawyers. Canon 22 of the Canons of Legal Ethics reminds the lawyer to
characterize his conduct with candor and fairness, and specifically states that "it is not
candid nor fair for the lawyer knowingly to misquote." While Morton Meads is
admittedly not a lawyer, it does not take a lawyer to see the deliberate deception that is
being foisted upon this Court. There was a qualification to the rule quoted and that
qualification was intentionally omitted.
De Gracia vs. Warden of Makati
Facts:
Petitioner filed a petition for habeas corpus. He was charged for frustrated
homicide, which later amended to a lesser offense of serious physical injuries. To this
charge, petitioner pleaded guilty. After serving his sentence, he, however, was not
released on the ground the prosecutor opposed it because the victim already died;
therefore, making him liable to homicide. With these circumstances, petitioner filed the
said petition.
The Supreme Court issued a resolution resetting the hearing to another date.
Meanwhile, it was manifested by the public respondents that petitioner was already
released.
On the date of the hearing, petitioner and his counsel failed to appear, but left a
manifestation that petitioner was already released, and consequently, the petition is now
moot and academic.
Issue:
Whether or not petitioners counsel violated his duties to the court?
Ruling:
Yes. It would appear, therefore, that with the release of petitioner, the matter had
indeed become moot and academic. That disposes of this petition, except for one final
note. There was a lapse in judicial propriety by counsel Salvador N. Beltran who did not
even take the trouble of appearing in Court on the very day his own petition was reset
for hearing, a lapse explicable, it may be assumed, by his comparative inexperience and
paucity of practice before this Tribunal. It suffices to call his attention to such failing by
way of guidance for his future actuations as a member of the bar.
Buenaseda vs. Flavier
Facts:
Petitioners filed a petition for certiorari, prohibition, and mandumas to prevent
the Ombudsman from suspending them.
The Supreme Court resolved to require respondents to maintain the Status Quo.
On September 29, 1992, in a pleading entitled "Omnibus Submission,"
respondent NCMH Nurses Association submitted its Comment to the Petition,
Supplemental Petition and Urgent Supplemental Manifestation. Included in said
pleadings were the motions to hold the lawyers of petitioners in contempt and to disbar
them (Rollo, pp. 210-267). Attached to the "Omnibus Submission" as annexes were the
orders and pleadings filed in Administrative Case No. OBM-ADM-0-91-1051 against
petitioners (Rollo, pp. 268-480).
The Motion for Disbarment charges the lawyers of petitioners with:
(1) unlawfully advising or otherwise causing or inducing their clients petitioners
Buenaseda, et al., to openly defy, ignore, disregard, disobey or otherwise violate,
maliciously evade their preventive suspension by Order of July 7, 1992 of the
Ombudsman . . ."; (2) "unlawfully interfering with and obstructing the implementation
of the said order (Omnibus Submission, pp. 50-52; Rollo, pp. 259-260); and (3)
violation of the Canons of the Code of Professional Responsibility and of unprofessional
and unethical conduct "by foisting blatant lies, malicious falsehood and outrageous
deception" and by committing subornation of perjury, falsification and fabrication in
their pleadings (Omnibus Submission, pp. 52-54; Rollo, pp. 261-263).
Issue:
Whether or not petitioners counsel violated their duties to the court?
Ruling:
The Motion for Contempt, which charges the lawyers of petitioners with
unlawfully causing or otherwise inducing their clients to openly defy and disobey the
preventive suspension as ordered by the Ombudsman and the Secretary of Health can
not prosper (Rollo, pp. 259-261). The Motion should be filed, as in fact such a motion
was filed, with the Ombudsman. At any rate, we find that the acts alleged to constitute
indirect contempt were legitimate measures taken by said lawyers to question the
validity and propriety of the preventive suspension of their clients.
On the other hand, we take cognizance of the intemperate language used by counsel for
private respondents hurled against petitioners and their counsel (Consolidated: (1)
Comment
on
Private
Respondent"
"Urgent
Motions,
etc.;
(2) Adoption of OSG's Comment; and (3) Reply to Private Respondent's Comment and
Supplemental Comment, pp. 4-5).
A lawyer should not be carried away in espousing his client's cause. The language of a
lawyer, both oral or written, must be respectful and restrained in keeping with the
dignity of the legal profession and with his behavioral attitude toward his brethren in
the profession (Lubiano v. Gordolla, 115 SCRA 459 [1982]). The use of abusive language
by counsel against the opposing counsel constitutes at the same time a disrespect to the
dignity of the court of justice. Besides, the use of impassioned language in pleadings,
more often than not, creates more heat than light.
The Motion for Disbarment (Rollo, p. 261) has no place in the instant special civil
action, which is confined to questions of jurisdiction or abuse of discretion for the
purpose of relieving persons from the arbitrary acts of judges and quasi-judicial officers.
There is a set of procedure for the discipline of members of the bar separate and apart
from the present special civil action.
WHEREFORE, the petition is DISMISSED and the Status quo ordered to be maintained
in the Resolution dated September 22, 1992 is LIFTED and SET ASIDE.
Santos vs. Cruz
Facts:
In a sworn-letter complaint dated November 16, 1972, addressed to the then
Secretary of Justice, the complainant, PrimitivoSantos charged Municipal Judge Arturo
E. Cruz of the Municipal Court of Bulacan with partiality and conduct unbecoming a
judge for having intervened with and/or prevented the complainant in filing cases in the
Municipal Court of Bulacan. 1
The then Secretary of Justice referred to Municipal Judge Arturo E. Cruz the complaint
of Primitivo Santos for immediate comment. 2
In his comment dated November 22, 1972, the respondent Judge denied the charges.
the transcript of the stenographic notes shows that during the formal investigation
conducted on February 9, 1973 6 the respondent judge, while cross-examining the
witness, Alberto T. Cano, lost his temper and said: "You can go to hell I don't care or
where do you want to go Mr. Cano".
Issue:
Whether or not respondent judge violated the code of professional responsibility?
Ruling:
This language of the Judge is unbecoming of a municipal judge and deserves
administrative penalty.
WHEREFORE, the respondent Judge is hereby EXONERATED of the charge of
partiality but is found guilty of conduct unbecoming a judge by uttering intemperate
language during the trial of the case. The respondent judge is hereby imposed a penalty
of a fine equivalent to one (1) month salary and warned that a repetition of the same or
similar offense shall be dealt with more severely.
People vs. Taneo
Facts:
Appellant Teofilo Taneo was charged 1 and convicted of the crime of rape and
accordingly sentenced by the Regional Trial Court, Branch 5 of Cebu City 2 to suffer "the
penalty of death" and "to indemnify the offended woman, Mencina Taneo, the amount
of P50,000.00 as moral damages and the amount of P25,000.00 as exemplary damages,
as a deterrent to other fathers from sexually molesting their own daughters; and to pay
the costs." 3 On automatic review, appellant assigns as errors the following:
I
THE TRIAL COURT GRAVELY ERRED IN GIVING FULL CREDENCE TO THE
TESTIMONY OF THE PROSECUTION WITNESS MENCINA TANEO WHICH IS
HIGHLY INCREDIBLE AND CONTRADICTORY.
II
THE TRIAL COURT GRAVELY ERRED IN NOT APPRECIATING IN EVIDENCE
THE MEDICAL FINDINGS OF DRA. GEMMA MACACHOR AS CONDUCTED
ON THE PERSON OF THE PRIVATE COMPLAINANT MENCINA TANEO AND
IN INCORRECTLY ADOPTING ITS OWN BIASED INTERPRETATION OF
THE PHYSICAL EVIDENCE ON RECORD WHICH CLEARLY IS BEYOND ITS
ADJUDICATIVE POWER TO DO SO.
Issue:
Whether or not counsel of appellant violates his duties to the court?
Ruling:
Yes. It is unfortunate that counsel for appellant has made a hasty accusation
against the trial court for the above pronouncement as "taking a partial and biased
position" 17 and having adopted "its own biased interpretation of the physical
evidence." 18 We do not find any cogent and valid ground in the records of this case
which could justify such a grave imputation upon a member of the bench who merely
performed his function and expressed his observation on the conduct of the
examination. Counsel should be reminded of his duty to observe and maintain the
respect due the courts of justice and judicial officers. 19 Arguments, written or oral ,
should be gracious to both the court and opposing counsel and be of such words as may
be properly addressed by one gentleman to another.
Urbina vs. Maceren
Facts:
the verified Joint motion for suspension and/or to declare respondent and Atty.
Marcial Esguerra in contempt of court" filed by complainant Gaudencio S. Urbina on
December 27, 1973 for allegedly having made through said complainant's former
counsel, Atty. Marcial Esguerra, grave threats against complainant's life if he
(complainant) did not withdraw his complaints against respondent (a criminal
complaint for unjustly rendering judgment; footnote also shows: Complainant-movant
Urbina submitted two affidavits executed at Manila on December 14, and December 16,
1973 relating that a person identifying himself as Atty. Esguerra made two telephone
threats against him, saying "Mr. Urbina, mag-withdraw ka sa iyong habla laban kay
Judge Maceren; kung hindi, ipaliligpit kayo namin," and followed up with a personal
visit to his residence saying that "ikaw naman ay hindi siyang talagang kalaban ni Judge,
kundi si Atty. Gesmundo; kaya't kailangang-kailangan ni Judge Maceren na magwithdraw ka sa iyong dalawang habla sa kanya: Pag-kinalaban ninyo ang Judge,
nanganganib kayo;' but that on all occasions he flatly replied that it was his right to
complain and he would not withdraw his complaints.)
Respondent did admit that in a chance meeting in the courthouse with Atty. Esguerra,
he requested the latter should meet his former client (Urbina) who alone filed the
criminal complaint for "knowingly rendering an unjust judgment" to inform Urbina that
"respondent bears no ill will against him and if he feels aggrieved by the decision why
not limit his action to an ordinary appeal to the higher courts as he has already done."
Respondent categorically denied having made any threats whatsoever against Urbina,
directly or through another, confident as he was (although harassed) that the criminal
complaint would ultimately be, as in fact it was, dismissed by the fiscal for being without
basis in law and in fact.
Respondent further submitted the corroborative affidavit of Atty. Esguerra, stating that
he merely telephoned Urbina to suggest that the pending appeal rather than the
criminal complaint for allegedly knowingly rendering an unjust judgment was his
proper recourse against respondent's adverse decision, and unqualifiedly stating that he
never made any threats nor went to Urbina's house and that "The statements I allegedly
made as stated in the affidavit of Gaudencio Urbina did not come from my lips."
Issue:
Whether or not respondent judge violates his duties to the court?
Ruling:
While there are thus conflicting factual averments on the part of complainant and
respondent, the Court is satisfied from the factual background of the administrative
complaint which it has already dismissed previously for not making out a prima
facie case and from the baselessness of the criminal complaint for allegedly "knowingly
rendering an unjust judgment" which has also been correctly dismissed by the fiscal,
that the complainant's charge of threats cannot be sustained, resting as it does flimsily
on complainant's bare assertion as against the respondent's categorical denial supported
by Atty. Esguerra's affidavit. In the light of ordinary human conduct and experience, it is
difficult to give any inherent credence to the complaint for it would have been extremely
foolhardy and pointless for respondent to have asked Atty. Esguerra to make the alleged
threats against complainant. The Court finds respondent's comment to be satisfactory
and will not subject respondent to further needless harassment and distraction if it were
to give due course to the complaint-motion, as insisted by complainant in his reply to
comment.
It is appropriate to enjoin complainants and members of the bar who file administrative
complaints against judges of inferior courts that they should do so after proper
circumspection and without the use of disrespectful language and offensive
personalities, so as not to unduly burden the Court in the discharge of its function of
administrative supervision over inferior court judges and court personnel. The Court
has meted the corresponding disciplinary measures against erring judges, including
dismissal and suspension where warranted, and welcomes the honest efforts of the bar
to assist it in the task. But lawyers should also bear in mind that they owe fidelity to the
courts as well as to their clients and that the filing on behalf of disgruntled litigants of
unfounded or frivolous charges against inferior court judges and the use of offensive and
intemperate language as a means of harassing judges whose decisions have not been to
their liking (irrespective of the law and jurisprudence on the matter) will subject them to
appropriate disciplinary action as officers of the Court.
The Court has consistently held that judges will not be held administratively liable for
mere errors of judgment in their rulings or decisions absent a showing of malice or gross
ignorance on their part. As stressed by the now Chief Justice in Dizon vs. de Borja, 37
SCRA 46, 52, "(T)o hold a judge administratively accountable for every erroneous ruling
or decision he renders, assuming that he has erred, would be nothing short of
harassment and would make his position unbearable." Much less can a judge be so held
accountable where to all indications, as in this case, his verdict complained of (and now
pending review on appeal) is far from erroneous.
ACCORDINGLY, complainant Urbina's "joint motion" is denied.
Castaneda vs. Ago
Facts:
Petitioners filed a replevin suit against respondents Ago. A decision was rendered
in favor of petitioners. The court where the said suit was filed issued a writ of possession
upon finality of the suit, sale to petitioners at a public auction and failure of respondents
to redeem the property. However, the execution of the judgment was prevented by
respondents when they filed for an annulment of the auction sale of their property. They
also applied for a writ of preliminary injunctions. Respondent filed several petitions to
prevent the execution of the judgment. The execution of the judgment was prevented for
fourteen (14) years.
Issue:
Whether or not counsel for respondents violated his duties to the court?
Ruling:
Despite the pendency in the trial court of the complaint for the annulment of the
sheriff's sale (civil case Q-7986), elementary justice demands that the petitioners, long
denied the fruits of their victory in the replevin suit, must now enjoy them, for, the
respondents Agos, abetted by their lawyer Jose M. Luison, have misused legal remedies
and prostituted the judicial process to thwart the satisfaction of the judgment, to the
extended prejudice of the petitioners. The respondents, with the assistance of counsel,
maneuvered for fourteen (14) years to doggedly resist execution of the judgment thru
manifold tactics in and from one court to another (5 times in the Supreme Court).
We condemn the attitude of the respondents and their counsel who,
far from viewing courts as sanctuaries for those who seek justice, have
tried to use them to subvert the very ends of justice. 6
Forgetting his sacred mission as a sworn public servant and his exalted position as an
officer of the court, Atty. Luison has allowed himself to become an instigator of
controversy and a predator of conflict instead of a mediator for concord and a
conciliator for compromise, a virtuoso of technicality in the conduct of litigation instead
of a true exponent of the primacy of truth and moral justice.
Ruling:
Certainly, any person is entitled to his opinion about a judge, whether that
opinion is flattering to the judge, or not. It would be different if a person would
deliberately and maliciously express an adverse opinion about a judge, without reason,
but simply to malign and discredit the judge. In the case now before Us We believe that
petitioner did not mean to malign or discredit respondent Judge in answering as he did.
It can be said that petitioner was simply moved by a desire to protect his interests in the
case pending before the court, presided by respondent Judge. A citizen of this Republic
is entitled to expect that our courts of justice are presided by judges who are free from
bias and prejudice and it should not be made a count against the citizen if he so
expresses himself truthfully, sincerely, and respectfully. A judge, as a public servant,
should not be so thin-skinned or sensitive as to feel hurt or offended if a citizen
expresses an honest opinion about him which may not altogether be flattering to
him. 10 After all, what matters is that a judge performs his duties in accordance with the
dictates of his conscience and the light that God has given him. A judge should never
allow himself to be moved by pride, prejudice, passion, or pettiness in the performance
of his duties. And a judge should always bear in mind that the power of the court to
punish for contempt should be exercised for purposes that are impersonal, because that
power is intended as a safeguard not for the judges as persons but for the functions that
they exercise.
It is worth mentioning here that numerous cases there have been where judges, and
even members of this Court, were asked to inhibit themselves from trying, or from
participating in the consideration of, a case, but scarcely were the movants punished for
contempt even if the grounds upon which they based their motions for disqualification
are not among those provided in the rules. It is only when there was direct imputation of
bias or prejudice, or a stubborn insistence to disqualify the judge, done in a malicious,
arrogant, belligerent and disrespectful manner, that movants were held in contempt of
court. 11 And this liberal attitude of the courts is in keeping with the doctrine that "The
power to punish for contempt of court should be exercised on the preservative and not
on the vindictive principle. Only occasionally should the court invoke its inherent power
in order to retain that respect without which the administration of justice must falter or
fail." 12 The power to punish for contempt, being drastic and extraordinary in its nature,
should not be resorted to unless necessary in the interest of justice.13
Wherefore, the order of respondent Judge dated February 10, 1964, in Civil Case No.
13259 of the Court of First Instance of Pangasinan, declaring petitioner in direct
contempt of court and ordering him to pay a fine of P50.00, is hereby annulled and set
aside; and it is ordered that the sum of P50.00, paid under protest by petitioner as a
fine, be refunded to him. No costs. It is so ordered.
Martelino vs. Alejandro
Facts:
This case presents another aspect of the court-martial proceedings against the
petitioner, Major Eduardo Martelino, alias Abdul Latif Martelino, of the Armed Forces
of the Philippines, and the officers and men under him, for violation of the 94th and
97th Articles of War, as a result of the alleged shooting on March 18, 1968 of some
Muslim recruits then undergoing commando training on the island of Corregidor.
It appears that at the hearing on August 12, 1969 the petitioner Martelino sought the
disqualification of the President of the general court-martial, following the latter's
admission that he read newspaper stories of the Corregidor incident.
They allege that the adverse publicity given in the mass media to the Corregidor
incident, coupled with the fact that it became an issue against the administration in the
1969 elections, was such as to unduly influence the members of the court-martial. With
respect to peremptory challenges, they contend that they are entitled to eleven such
challenges, one for each specification.
On August 29, 1969 this Court gave due course to the petition, required the respondents
as members of the general court-martial to answer and, in the meantime, restrained
them from proceeding with the case.
In their answer the respondents assert that despite the publicity which the case had
received, no proof has been presented showing that the court-martial's president's
fairness and impartiality have been impaired. On the contrary, they claim, the
petitioner's own counsel expressed confidence in the "integrity, experience and
background" of the members of the court.
Issue:
Whether or not there is a trial by publicity in this case?
Ruling:
No. In contrast the spate of publicity in this case before us did not focus on the
guilt of the petitioners but rather on the responsibility of the Government for what was
claimed to be a "massacre" of Muslim trainees. If there was a "trial by newspaper" at all,
it was not of the petitioners but of the Government. Absent here is a showing of failure
of the court-martial to protect the accused from massive publicity encouraged by those
connected with the conduct of the trial 16 either by a failure to control the release of
information or to remove the trial to another venue or to postpone it until the deluge of
prejudicial publicity shall have subsided. Indeed we cannot say that the trial of the
petitioners was being held under circumstances which did not permit the observance of
those imperative decencies of procedure which have come to be identified with due
process.
At all events, even granting the existence of "massive" and "prejudicial" publicity, since
the petitioners here do not contend that the respondents have been unduly influenced
but simply that they might be by the "barrage" of publicity, we think that the suspension
of the court-martial proceedings has accomplished the purpose sought by the
petitioners' challenge for cause, by postponing the trial of the petitioner until calmer
times have returned. The atmosphere has since been cleared and the publicity
surrounding the Corregidor incident has so far abated that we believe the trial may now
be resumed in tranquility.