Judge Rene B. Baculi, Complainant, vs. Atty. Melchor A. Battung, Respondent | A.C. No. 8920 | 28 September 2011
Facts:
Judge Baculi,
Presiding Judge of Municipal Trial Court in Cities, Branch 2,
Tuguegarao City, filed a complaint for disbarment against Atty.
Battung. He claimed that on 24 July 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 ocited him for direct contempt of
court for the second time. After his hearings, 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 later found
out that after the respondent left the courtroom, Atty. Battung
continued shouting and punched a table at the Office of the Clerk of
Court.
Issue:
Did Atty. Battung
violate Cannons 11 and 12 of the Code of Professional Responsibility?
Ruling:
The respondent was
guilty of violations of the Code of Professional Responsibility. IBP
Commissioner 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 respondent’s 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. De la Rama recommended that
the respondent be suspended from the practice of law for six (6)
months.
The Supreme Court
held that 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.
A lawyer who insults
a judge inside a courtroom completely disregards the latter’s 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 Baculi’s 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.
Atty. Battung was
ordered SUSPENDED from the practice of law for one (1) year with a
WARNING that a repetition of a similar offense shall be dealt with
more severely.
stupexconsa-Tulsa Melinda Adams https://wakelet.com/wake/ygfUiIr81KMVQId8tXFzk
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