Professional Documents
Culture Documents
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PER CURIAM:
In the election of the national officers of the Integrated Bar of the Philippines
(hereafter "IBP") held on June 3, 1989 at the Philippine International
Convention Center (or PICC), the following were elected by the House of
Delegates (composed of 120 chapter presidents or their alternates) and
proclaimed as officers:
NAME
POSITION
President
Executive Vice-President
Atty. Renato F.
Ronquillo
Atty. Simeon
Datumanong
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The newly-elected officers were set to take the their oath of office on July
4,1989, before the Supreme Court en banc. However,disturbed by the
widespread reports received by some members of the Court from lawyers
who had witnessed or participated in the proceedings and the adverse
comments published in the columns of some newspapers about the intensive
electioneering and overspending by the candidates, led by the main
protagonists for the office of president of the association, namely, Attorneys
Nereo Paculdo, Ramon Nisce, and Violeta C. Drilon, the alleged use of
government planes, and the officious intervention of certain public officials to
influence the voting, all of which were done in violation of the IBP By-Laws
which prohibit such activities. The Supreme Courten banc, exercising its
power of supervision over the Integrated Bar, resolved to suspend the oathtaking of the IBP officers-elect and to inquire into the veracity of the reports.
It should be stated at the outset that the election process itself (i.e. the
voting and the canvassing of votes on June 3, 1989) which was conducted by
the "IBP Comelec," headed by Justice Reynato Puno of the Court of Appeals,
was unanimously adjudged by the participants and observers to be above
board. For Justice Puno took it upon himself to device safeguards to prevent
tampering with, and marking of, the ballots.
What the Court viewed with considerable concern was the reported
electioneering and extravagance that characterized the campaign conducted
by the three candidates for president of the IBP.
I. MEDIA ACCOUNT OF THE ELECTION CAMPAIGN.
Emil Jurado, in his column "IBP Group Questions Drilon Election" (Manila
Standard, Sunday, June 17, 1989), Luis Mauricio, in two successive columns:
"The Invertebrated Bar" (Malaya, June 10, 1989) and "The Disintegrating Bar"
(Malaya, June 20, 1989), and Teodoro Locsin Jr. in an article, entitled "PamPam" (The Philippines Free Press, July 8,1989), and the editorial, entitled
'Wrong Forum" of the Daily Globe (June 8, 1989), were unanimously critical of
the "vote-buying and pressure tactics" allegedly employed in the campaign
by the three principal candidates: Attys. Violeta C. Drilon, Nereo Paculdo and
Ramon Nisce who reportedly "poured heart, soul, money and influence to win
over the 120 IBP delegates."
Mr. Jurado mentioned the resentment of Atty. Drilon's rivals who felt at a
disadvantage because Atty. Drilon allegedly used PNB helicopters to visit farflung IBP chapters on the pretext of distributing Bigay Puso donations, and
she had the added advantage of having regional directors and labor arbiters
of the Department of Labor and Employment (who had been granted leaves
of absence by her husband, the Labor Secretary) campaigning for her.
Jurado's informants alleged that there was rampant vote-buying by some
members of the U.P. Sigma Rho Fraternity (Secretary Drilon's fraternity), as
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direct and personal knowledge of the relevant facts; and the Court, after
deliberating thereon, has Resolved to accept and adopt the same.
III. PROHIBITED ACTS AND PRACTICES UNDER IBP BY-LAWS.
Article I, Section 4 of the IBP By-Laws emphasizes the "strictly non-political"
character of the Integrated Bar of the Philippines, thus:
"SEC. 4. Non-political Bar. The Integrated Bar is strictly nonpolitical, and every activity tending to impair this basic feature is
strictly prohibited and shall be penalized accordingly. No lawyer
holding an elective, judicial, quasi-judicial, or prosecutory office
in the Government or any political subdivision or instrumentality
thereof shall be eligible for election or appointment to any
position in the Integrated Bar or any Chapter thereof. A Delegate,
Governor, officer or employee of the Integrated Bar, or an officer
or employee of any Chapter thereof shall be considered ipso
facto resigned from his position as of the moment he files his
certificate of candidacy for any elective public office or accepts
appointment to any judicial, quasi-judicial, or prosecutory office
in the Government or any political subdivision or instrumentality
thereof. "'
Section 14 of the same By-Laws enumerates the prohibited acts
relative to IBP elections:
SEC. 14. Prohibited acts and practices relative to elections.
The following acts and practices relative to election are
prohibited, whether committed by a candidate for any elective
office in the Integrated Bar or by any other member, directly or
indirectly, in any form or manner, by himself or through another
person:
(a) Distribution, except on election day, of election campaign
material;
(b) Distribution, on election day, of election campaign material
other than a statement of the biodata of a candidate on not more
than one page of a legal-size sheet of paper; or causing
distribution of such statement to be done by persons other than
those authorized by the officer presiding at the elections;
(c) Campaigning for or against any candidate, while holding an
elective, judicial, quasi-judicial or prosecutory office in the
Government or any political subdivision, agency or
instrumentality thereof;
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I Join in Nominating
RAMON M. NISCE
as
National President of the
Integrated Bar of the Philippines
______________ _______________
Chapter Signature"
Among those who signed the nomination forms were: Onofre P. Tejada,
Candido P. Balbin, Jr., Conizado V. Posadas, Quirico L. Quirico Ernesto S.
Salun-at, Gloria C. Agunos, Oscar B. Bernardo, Feliciano F. Wycoco, Amor L.
Ibarra, Jose M. Atienza, Jose N. Contreras, Romeo T. Mendoza, Leo C.
Medialdea, Jr., Paulino G. Clarin, Julius Z. Neil, Roem J. Arbolado Democrito M.
Perez, Abelardo Fermin, Diosdado B. Villarin, Jr., Daniel C. Macaraeg, Confesor
R. Sansano Dionisio E. Bala, Jr., Emesto A. Amores, Romeo V. Pefianco,
Augurio C. Pamintuan, Atlee T. Viray, Ceferino C. Cabanas, Jose S. Buban,
Diosdado Z. Reloj, Jr., Cesar C. Viola, Oscar C. Fernandez, Ricardo B. Teruel
Rodrigo R. Flores, Sixto Marella, Jr., Arsenio C. Villalon, Renato F. Ronquillo,
Antonio G. Nalapo Romualdo A. Din Jr., Jose P. Icaonapo Jr., and Manuel S.
Person.
Atty. Nisce admitted that he reserved rooms at the Hyatt Hotel based on the
commitments he had obtained (t.s.n., June 29, 1989, pp. 82-85).
Unfortunately, despite those formal commitments, he obtained only 14 votes
in the election (t.s.n., June 29, 1 989, p. 86). The reason, he said, is that.
some of those who had committed their votes to him were "manipulated,
intimidated, pressured, or remunerated" (t.s.n., June 29,1989, pp. 8695;
Exhibit "M-4-Nisce," t.s.n., July 4, 1989, pp. 100-1 04).
(2) Use of PNB plane in the campaign.
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The records of the Philippine National Bank (Exhibit C-1-Crudo and Exhibit C2-Crudo) show that Secretary Fulgencio S. Factoran, Jr. of the Department of
Environment & Natural Resources (DENR) borrowed a plane from the
Philippine National Bank for his Bicol CORD (Cabinet Officers for Regional
Development) Assistant, Undersecretary Antonio Tria. The plane manifest
(Exh. C-2-Crudo) listed Atty. Violeta Drilon, Arturo Tusi (Tiu), Assistant
Secretary for Environment and Natural Resources (DENR) Tony Tria, Atty.
Gladys Tiongco, and Amy Wong. Except for Tony Tria, the rest of the
passengers were IBP candidates.
Atty. Drilon admitted that she "hitched" a ride on a PNB plane. She said that
she was informed by Atty. Tiu about the availability of a PNB plane (t.s.n., July
3,1989, pp. 116-118).
Atty. Tiu, who ran for the position of IBP executive vice-president in the Drilon
ticket, testified that sometime in May 1989 he failed to obtain booking from
the Philippine Airlines for the projected trip of his group to Bicol. He went to
the DENR allegedly to follow up some papers for a client. While at the DENR,
he learned that Assistant Secretary Tria was going on an official business in
Bicol for Secretary Fulgencio Factoran and that he would be taking a PNB
plane. As Assistant Secretary Tria is his fraternity brother, he asked if he,
together with the Drilon group, could hitch a ride on the plane to Bicol. His
request was granted. Their purpose in going to Bicol was to assess their
chances in the IBP elections. The Drilon company talked with the IBP chapter
presidents in Daet, Naga, and Legaspi, and asked for their support (t.s.n., July
10, 1989, pp. 549).
Assistant Secretary Antonio S. Tria confirmed the use of a PNB plane by Atty.
Drilon and her group. He recalled that on May 23,1989, DENR Secretary
Factoran instructed him to go to Bicol to monitor certain regional
development projects there and to survey the effect of the typhoon that hit
the region in the middle of May. On the same day, Atty. Tiu, a fraternity
brother (meaning that Tiu belongs to the Sigma Rho fraternity) went to the
DENR office and requested the Secretary (Factoran) if he (Tiu) could be
allowed to hitch a ride on the plane. Assistant Secretary Tria, together with
the Drilon group which included Attorneys Drilon, Grapilon, Amy Wong,
Gladys Tiongco, and Tiu, took off at the Domestic Airport bound for Naga,
Daet and Legaspi. In Legaspi the Drilon group had lunch with Atty. Vicente
Real, Jr., an IBP chapter president (t.s.n., July 10, 1989, pp. 54-69).
(3) Formation of tickets and single slates.
The three candidates, Paculdo, Nisce and Drilon, admitted having formed
their own slates for the election of IBP national officers on June 3, 1989.
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Atty. Paculdo's slate consisted of himself for President; Bella D. Tiro, for
Executive Vice-President; and for Governors: Justiniano P. Cortez (Northern
Luzon), Oscar C. Fernandez (Central Luzon), Mario C.V. Jalandoni (Greater
Manila), Petronilo A. de la Cruz (Southern Luzon), Teodorico C. Almine, Jr.
(Bicolandia), Ricardo B. Teruel (Western Visayas), Porfirio P. Siyangco (Eastern
Visayas), Jesus S. Anonat (Western Mindanao), Guerrero A. Adaza, Jr. (Eastern
Mindanao) (Exhibit M-Nisce).
The Drilon ticket consisted of. Violeta C. Drilon for President, Arturo Tiu for
Executive Vice President, Salvador Lao for Chairman of the House of
Delegates, and, for Governors: Basil Rupisan (Northern 'Luzon), Acong
Atienza (Central Luzon), Amy Wong (Metro Manila), Jose Grapilon (Southern
Tagalog), Teodoro Almine (Bicolandia), Baldomero Estenzo (Eastern Visayas),
Joelito Barrera (Western Visayas), Gladys Tiongco (Eastern Mindanao),
Simeon Datumanong (Western Mindanao) (Exhibit M-1-Nisce).
Atty. Ramon N. Nisce's line-up listed himself and Confessor B. Sansano
Benjamin B. Bernardino, Antonio L. Nalapo Renato F. Ronquillo, Gloria C.
Agunos, Mario Valderrama, Candido P. Balbin Jr., Oscar C. Fernandez, Cesar G.
Viola, Leo C. Medialdea, Jr., Vicente P. Tordilla, Jr., Jose S. Buban, Joel A. Llosa,
Jesus T. Albacite and Oscar V. Badelles.
(4) Giving free transportation to out-of-town delegates and alternates.
Atty. Nisce admitted having bought plane tickets for some delegates to the
convention. He mentioned Oscar Badelles to whom he gave four round-trip
tickets (worth about P10,000) from Iligan City to Manila and back. Badelles
was a voting delegate. Nisce, however, failed to get a written commitment
from him because Atty. Medialdea assured him (Nisce) "sigurado na 'yan,
h'wag mo nang papirmahin." Badelles won as sergeant-at-arms, not in
Nisce's ticket, but in that of Drilon.
Badelles admitted that Nisce sent him three airplane tickets, but he Badelles
said that he did not use them, because if he did, he would be committed to
Nisce, and he Badelles did not want to be committed (t.s.n., July 4,1989, pp.
77-79, 95-96).
Nisce also sent a plane ticket to Atty. Atilano, who was his candidate, and
another ticket to Mrs. Linda Lim of Zamboanga. Records of the Philippine
Airlines showed that Atty. Nisce paid for the plane tickets of Vicente Real, Jr.
(Exh. D-1-Calica), Romeo Fortes (Exh. D-1-Calica), Cesar Batica (Exh. D-2Calica), Jose Buban of Leyte (Exh. D-2-Calica), Delsanto Resuello (Exh. D-3Calica), and Ceferino Cabanas (Exh. D-3-Calica).
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In spite of his efforts and expense, only one of Nisce's candidates won:
Renato Ronquillo of Manila 4, as Secretary of the House of Delegates (t.s.n.
July 3, p. 161).
(5) Giving free hotel accommodations, food, drinks, entertainment to
delegates.
(a) ATTY. NEREO PACULDO
Atty. Paculdo alleged that he booked 24 regular rooms and three suites at the
Holiday Inn, which served as his headquarters. The 24 rooms were to be
occupied by his staff (mostly ladies) and the IBP delegates. The three suites
were to be occupied by himself, the officers of the Capitol Bar Association,
and Atty. Mario Jalandoni. He paid P150,000 for the hotel bills of his
delegates at the Holiday Inn, where a room cost P990 per day with breakfast.
Those listed as guests of Atty. Paculdo at the Holiday Inn were: Emesto C.
Perez, Tolomeo Ligutan Judge Alfonso Combong, Ricardo Caliwag, Antonio
Bisnar, Benedicto Balajadia, Jesus Castro, Restituto Villanueva, Serapio Cribe
Juanita Subia, Teodorico J. Almine, Rudy Gumban, Roem Arbolado, Ricardo
Teruel, Shirley Moises, Ramon Roco, Alberto Trinidad, Teodoro Quicoy Manito
Lucero, Fred Cledera Vicente Tordilla, Julian Ocampo, Francisco Felizmenio
Marvel Clavecilla, Amador Capiral, Eufronio Maristela, Porfirio Siyangco,
William Llanes, Jr., Marciano Neri, Guerrero Adaza, Diosdado Peralta, Luis C.
Formilleza, Jr., Democrito Perez, Bruno Flores, Dennis Rendon, Judge Ceferino
Chan, Mario Jalandoni, Kenneth Siruelo Bella Tiro, Antonio Santos, Tiburcio
Edano James Tan, Cesilo A. Adaza, Francisco Roxas, Angelita Gacutan, Jesse
Pimentel, Judge Jaime Hamoy, Jesus Anonat, Carlos Egay, Judge Carlito
Eisma, Judge Jesus Carbon, Joven Zach, and Benjamin Padon.
Noel de Guzman, Holiday Inn's credit manager, testified that Atty. Paculdo
booked 52 (not 24) rooms, including the presidential suite, which was used
as the Secretariat. The group bookings were made by Atty. Gloria Paculdo,
the wife of Nereo Paculdo (t.s.n. June 28, 1989, pp. 63-68). The total sum of
P227,114.89 was paid to Holiday Inn for the use of the rooms.
(b) ATTY. VIOLETA C. DRILON
The delegates and supporters of Atty. Drilon were billeted at the Philippine
Plaza Hotel where her campaign manager, Atty. Renato Callanta, booked 40
rooms, 5 of which were suites. According to Ms. Villanueva, Philippine Plaza
banquet and conventions manager, the contract that Atty. Callanta signed
with the Philippine Plaza was made in the name of the "IBP c/o Atty.
Callanta."
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Mrs. Lourdes Juco, a sales manager of the Philippine Plaza, recalled that it
was Mr. Mariano Benedicto who first came to book rooms for the IBP
delegates. She suggested that he obtain a group (or discounted) rate. He
gave her the name of Atty. Callanta who would make the arrangements with
her. Mr. Benedicto turned out to be the Assistant Secretary of the
Department of Labor and Employment (DOLE).
The total sum of P316,411.53 was paid by Atty. Callanta for the rooms, food,
and beverages consumed by the Drilon group, with an unpaid balance of
P302,197.30. Per Attorney Daniel Martinez's last telephone conversation with
Ms. Villanueva, Atty. Callanta still has an outstanding account of P232,782.65
at Philippine Plaza.
Atty. Callanta admitted that he signed the contract for 40 rooms at the
Philippine Plaza. He made a downpayment of P123,000. His "working sheet'
showed that the following persons contributed for that down payment:
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P 25,000
20,000
10,000
10,000
20,000
10,000
20,000
15,300
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Atty. Carpio assisted Atty. Drilon in her campaign during the convention, by
soliciting the votes of delegates he knew, like Atty. Albacite his former
teacher (but the latter was already committed to Nisce), and Atty. Romy
Fortes, a classmate of his in the U.P. College of Law (t. t.s.n. July 6, 1989, pp.
22, 29, 39).
(c) ATTY. RAMON NISCE.
Atty. Nisce, through his brother-in-law, Ricardo Paras, entered into a contract
with the Hyatt Hotel for a total of 29 rooms plus one (1) seventh-floor room.
He made a downpayment of P20,000 (t.s.n. June 28, 1989, p. 58) on April 20,
1989, and P37,632.45 on May 10, or a total of P57,632.45.
Ms. Cecile Flores, Ms. Milagros Ocampo, and Mr. Ramon Jacinto, the sales
department manager, credit manager, and reservation manager,
respectively of the Hyatt, testified that Atty. Nisce's bill amounted to
P216,127.74 (t.s.n. June 28, 1989, pp. 57-58; Exhibits E-Flores, F-Jacinto GOcampo).
As earlier mentioned, Atty. Nisce admitted that he reserved rooms for those
who committed themselves to his candidacy.
The hotel guests of Atty. Nisce were: Gloria Agunos Dennis Habanel B.
Batula, John E. Asuncion, Reynaldo Cortes, Lourdes Santos, Elmer Datuin,
Romualdo Din, Antonio Nalapo, Israel Damasco, Candido Balbin, Serrano
Balot, Ibarra, Joel Llosa, Eltanal, Ruperto, Asuncion, Q. Pilotin Reymundo P.
Guzman, Zoilo Aguinaldo, Clarin, R. Ronquillo, Dominador Carillo, Filomeno
Balinas, Ernesto Sabulan, Yusop Pangadapun, A. Viray, Icampo, Abelardo
Fermin, C. Quiaoit, Augurio Pamintuan, Daniel Macaraeg, Onofre Tejada.
(6) Campaigning by labor officials for Atty. Violeta Drilon
In violation of the prohibition against "campaigning for or against a candidate
while holding an elective, judicial, quasi-judicial, or prosecutory office in the
Government' (Sec. 14[c], Art. I, IBP By-Laws), Mariano E. Benedicto II,
Assistant Secretary, Department of Labor and Employment, testified that he
took a leave of absence from his office to attend the IBP convention. He
stayed at the Philippine Plaza with the Drilon group admittedly to give "some
moral assistance" to Atty. Violeta Drilon. He did so because he is a member
of the Sigma Rho Fraternity. When asked about the significance of Sigma
Rho, Secretary Benedicto explained: "More than the husband of Mrs. Drilon
being my boss, the significance there is that the husband is my brother in
the Sigma Rho."
He cheered up Mrs., Drilon when her spirits were low. He talked to her
immediate circle which included Art Tiu, Tony Carpio, Nilo Pena, Amy Wong,
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Atty. Grapilon, Victor Lazatin, and Boy Reyno. They assessed the progress of
the campaign, and measured the strengths and weaknesses of the other
groups The group had sessions as early as the later part of May.
Room 114, the suite listed in the name of Assistant Secretary Benedicto
toted up a bill of P23,110 during the 2-day IBP convention/election. A total of
113 phone calls (amounting to Pl,356) were recorded as emanating from his
room.
Opposite Room 114, was Room 112, also a suite, listed in the names of Mrs.
Drilon, Gladys Tiongco (candidate for Governor, Eastern Mindanao) and Amy
Wong (candidate for Governor, Metro Manila). These two rooms served as the
"action center' or "war room" where campaign strategies were discussed
before and during the convention. It was in these rooms where the
supporters of the Drilon group, like Attys. Carpio, Callanta, Benedicto, the
Quasha and the ACCRA lawyers met to plot their moves.
(7) Paying the dues or other indebtedness of any number (Sec. 14[e], IBP BYLaws).
Atty. Teresita C. Sison, IBP Treasurer, testified that she has heard of
candidates paying the IBP dues of lawyers who promised to vote for or
support them, but she has no way of ascertaining whether it was a candidate
who paid the delinquent dues of another, because the receipts are issued in
the name of the member for whom payment is made (t.s.n. June 28, 1989,
pp. 24-28).
She has noticed, though, that there is an upsurge of payments in March,
April, May during any election year. This year, the collections increased by
P100,000 over that of last year (a non-election year from Pl,413,425 to
Pl,524,875 (t.s.n. June 28, 1989, p. 25).
(8) Distribution of materials other than bio-data of not more than one page of
legal size sheet of paper (Sec. 14[a], IBP By-Laws).
On the convention floor on the day of the election, Atty. Paculdo caused to be
distributed his bio-data and copies of a leaflet entitled "My Quest," as wen
as, the lists of his slate. Attys. Drilon and Nisce similarly distributed their
tickets and bio-data.
The campaign materials of Atty. Paculdo cost from P15,000 to P20,000. They
were printed by his own printing shop.
(9) Causing distribution of such statement to be done by persons other than
those authorized by the officer presiding at the election (Sec. 14[b], IBP ByLaws).
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the June 3rd election, and his purchases of airplane tickets for some
delegates.
The records of the Philippine Plaza Hotel, headquarters of Atty. Drilon's camp,
showed that her campaign rang up over P600,000 in hotel bills. Atty. Callanta
paid P316,411.53 for the rooms, food, and beverage consumed by Atty.
Drilon's supporters, but still left an unpaid bill of P302,197.30 at convention's
end.
FINDINGS.
From all the foregoing, it is evident that the manner in which the principal
candidates for the national positions in the Integrated Bar conducted their
campaign preparatory to the elections on June 3, 1989, violated Section 14
of the IBP By-Laws and made a travesty of the idea of a "strictly nonpolitical" Integrated Bar enshrined in Section 4 of the By-Laws.
The setting up of campaign headquarters by the three principal candidates
(Drilon, Nisce and Paculdo) in five-star hotels: The Philippine Plaza, the
Holiday Inn and The Hyatt the better for them to corral and entertain the
delegates billeted therein; the island hopping to solicit the votes of the
chapter presidents who comprise the 120-member House of Delegates that
elects the national officers and regional governors; the formation of tickets,
slates, or line-ups of candidates for the other elective positions aligned with,
or supporting, either Drilon, Paculdo or Nisce; the procurement of written
commitments and the distribution of nomination forms to be filled up by the
delegates; the reservation of rooms for delegates in three big hotels, at the
expense of the presidential candidates; the use of a PNB plane by Drilon and
some members of her ticket to enable them to "assess their chances" among
the chapter presidents in the Bicol provinces; the printing and distribution of
tickets and bio-data of the candidates which in the case of Paculdo
admittedly cost him some P15,000 to P20,000; the employment of uniformed
girls (by Paculdo) and lawyers (by Drilon) to distribute their campaign
materials on the convention floor on the day of the election; the giving of
assistance by the Undersecretary of Labor to Mrs. Drilon and her group; the
use of labor arbiters to meet delegates at the airport and escort them to the
Philippine Plaza Hotel; the giving of pre-paid plane tickets and hotel
accommodations to delegates (and some families who accompanied them) in
exchange for their support; the pirating of some candidates by inducing
them to "hop" or "flipflop" from one ticket to another for some rumored
consideration; all these practices made a political circus of the proceedings
and tainted the whole election process.
The candidates and many of the participants in that election not only
violated the By-Laws of the IBP but also the ethics of the legal profession
which imposes on all lawyers, as a corollary of their obligation to obey and
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uphold the constitution and the laws, the duty to "promote respect for law
and legal processes" and to abstain from 'activities aimed at defiance of the
law or at lessening confidence in the legal system" (Rule 1.02, Canon 1, Code
of Professional Responsibility). Respect for law is gravely eroded when
lawyers themselves, who are supposed to be millions of the law, engage in
unlawful practices and cavalierly brush aside the very rules that the IBP
formulated for their observance.
The unseemly ardor with which the candidates pursued the presidency of the
association detracted from the dignity of the legal profession. The spectacle
of lawyers bribing or being bribed to vote one way or another, certainly did
not uphold the honor of the profession nor elevate it in the public's esteem.
The Court notes with grave concern what appear to be the evasions, denials
and outright prevarications that tainted the statements of the witnesses,
including tome of the candidates, during the initial hearing conducted by it
before its fact-finding committee was created. The subsequent investigation
conducted by this Committee has revealed that those parties had been less
than candid with the Court and seem to have conspired among themselves
to deceive it or at least withhold vital information from it to conceal the
irregularities committed during the campaign.
CONCLUSIONS.
It has been mentioned with no little insistence that the provision in the 1987
Constitution (See. 8, Art. VIII) providing for a Judicial and Bar Council
composed of seven (7) members among whom is "a representative of the
Integrated Bar," tasked to participate in the selection of nominees for
appointment to vacant positions in the judiciary, may be the reason why the
position of IBP president has attracted so much interest among the lawyers.
The much coveted "power" erroneously perceived to be inherent in that
office might have caused the corruption of the IBP elections. To impress upon
the participants in that electoral exercise the seriousness of the misconduct
which attended it and the stern disapproval with which it is viewed by this
Court, and to restore the non-political character of the IBP and reduce, if not
entirely eliminate, expensive electioneering for the top positions in the
organization which, as the recently concluded elections revealed, spawned
unethical practices which seriously diminished the stature of the IBP as an
association of the practitioners of a noble and honored profession, the Court
hereby ORDERS:
1. The IBP elections held on June3,1989 should be as they are hereby
annulled.
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2. The provisions of the IBP By-Laws for the direct election by the House of
Delegates (approved by this Court in its resolution of July 9, 1985 in Bar
Matter No. 287) of the following national officers:
(a) the officers of the House of Delegates;
(b) the IBP president; and
(c) the executive vice-president,
be repealed, this Court being empowered to amend, modify or repeal the ByLaws of the IBP under Section 77, Art. XI of said By-Laws.
3. The former system of having the IBP President and Executive VicePresident elected by the Board of Governors (composed of the governors of
the nine [91 IBP regions) from among themselves (as provided in Sec. 47,
Art. VII, Original IBP By-Laws) should be restored. The right of automatic
succession by the Executive Vice-President to the presidency upon the
expiration of their two-year term (which was abolished by this Court's
resolution dated July 9,1985 in Bar Matter No. 287) should be as it is hereby
restored.
4. At the end of the President's two-year term, the Executive Vice-President
shall automatically succeed to the office of president. The incoming board of
governors shall then elect an Executive Vice-President from among
themselves. The position of Executive Vice-President shall be rotated among
the nine (9) IBP regions. One who has served as president may not run for
election as Executive Vice-President in a succeeding election until after the
rotation of the presidency among the nine (9) regions shall have been
completed; whereupon, the rotation shall begin anew.
5. Section 47 of Article VII is hereby amended to read as follows:
Section 47. National Officers. The Integrated Bar of the
Philippines shall have a President and Executive Vice-President to
be chosen by the Board of Governors from among nine (9)
regional governors, as much as practicable, on a rotation basis.
The governors shall be ex oficio Vice-President for their
respective regions. There shall also be a Secretary and Treasurer
of the Board of Governors to be appointed by the President with
the consent of the Board.
6. Section 33(b), Art. V, IBP By-Laws, is hereby amended as follows:
(b) The President and Executive Vice President of the IBP shall be
the Chairman and Vice-Chairman, respectively, of the House of
27
28
29
special elections, the candidates in the election of the national officers held
on June 3,1989, particularly identified in Sub-Head 3 of this Resolution
entitled "Formation of Tickets and Single Slates," as well as those identified
in this Resolution as connected with any of the irregularities attendant upon
that election, are ineligible and may not present themselves as candidate for
any position.
13. Pending such special elections, a caretaker board shall be appointed by
the Court to administer the affairs of the IBP. The Court makes clear that the
dispositions here made are without prejudice to its adoption in due time of
such further and other measures as are warranted in the premises.
SO ORDERED.
Narvasa, Melencio-Herrera, Cruz, Paras, Feliciano, Gancayco, Padilla. Bidin,
Sarmiento, Cortes, Grio-Aquino and Regalado, JJ., concur.
Fernan, C.J. and Medialdea, J., took no part.
Gutierrez, Jr., J., is on leave.
EN BANC
[B.M. No. 1370. May 9, 2005]
LETTER OF ATTY. CECILIO Y. AREVALO, JR., REQUESTING EXEMPTION
FROM PAYMENT OF IBP DUES.
DECISION
CHICO-NAZARIO, J.:
This is a request for exemption from payment of the Integrated Bar of the
Philippines (IBP) dues filed by petitioner Atty. Cecilio Y. Arevalo, Jr.
In his letter,[1] dated 22 September 2004, petitioner sought exemption
from payment of IBP dues in the amount of P12,035.00 as alleged unpaid
accountability for the years 1977-2005. He alleged that after being
admitted to the Philippine Bar in 1961, he became part of the Philippine Civil
Service from July 1962 until 1986, then migrated to, and worked in, the USA
in December 1986 until his retirement in the year 2003. He maintained that
he cannot be assessed IBP dues for the years that he was working in the
Philippine Civil Service since the Civil Service law prohibits the practice of
29
30
31
lawyers in inactive status, nor to the community where the inactive lawyersmembers reside.
Plainly, the issue here is: whether or nor petitioner is entitled to
exemption from payment of his dues during the time that he was inactive in
the practice of law that is, when he was in the Civil Service from 1962-1986
and he was working abroad from 1986-2003?
We rule in the negative.
An Integrated Bar is a State-organized Bar, to which every lawyer must
belong, as distinguished from bar association organized by individual lawyers
themselves, membership in which is voluntary. Integration of the Bar is
essentially a process by which every member of the Bar is afforded an
opportunity to do his shares in carrying out the objectives of the Bar as well
as obliged to bear his portion of its responsibilities. Organized by or under
the direction of the State, an Integrated Bar is an official national body of
which all lawyers are required to be members. They are, therefore, subject
to all the rules prescribed for the governance of the Bar, including the
requirement of payment of a reasonable annual fee for the effective
discharge of the purposes of the Bar, and adherence to a code of
professional ethics or professional responsibility, breach of which constitutes
sufficient reason for investigation by the Bar and, upon proper cause
appearing, a recommendation for discipline or disbarment of the offending
member.[5]
The integration of the Philippine Bar means the official unification of the
entire lawyer population. This requires membership and financial support of
every attorney as condition sine qua nonto the practice of law and the
retention of his name in the Roll of Attorneys of the Supreme Court.[6]
Bar integration does not compel the lawyer to associate with anyone. He
is free to attend or not to attend the meetings of his Integrated Bar Chapter
or vote or refuse to vote in its elections as he chooses. The only compulsion
to which he is subjected is the payment of his annual dues. The Supreme
Court, in order to foster the States legitimate interest in elevating the
quality of professional legal services, may require that the cost of improving
the profession in this fashion be shared by the subjects and beneficiaries of
the regulatory program the lawyers.[7]
31
32
33
As abovementioned, the IBP in its comment stated that the IBP Board of
Governors is in the process of discussing the situation of members under
inactive status and the nonpayment of their dues during such inactivity. In
the meantime, petitioner is duty bound to comply with his obligation to pay
membership dues to the IBP.
Petitioner also contends that the enforcement of the penalty of removal
would amount to a deprivation of property without due process and hence
infringes on one of his constitutional rights.
[10]
This question has been settled in the case of In re Atty. Marcial Edillon,
in this wise:
. . . Whether the practice of law is a property right, in the sense of its being
one that entitles the holder of a license to practice a profession, we do not
here pause to consider at length, as it [is] clear that under the police power
of the State, and under the necessary powers granted to the Court to
perpetuate its existence, the respondents right to practice law before the
courts of this country should be and is a matter subject to regulation and
inquiry. And, if the power to impose the fee as a regulatory measure is
recognize[d], then a penalty designed to enforce its payment, which penalty
may be avoided altogether by payment, is not void as unreasonable or
arbitrary.
But we must here emphasize that the practice of law is not a property right
but a mere privilege, and as such must bow to the inherent regulatory power
of the Court to exact compliance with the lawyers public responsibilities.
As a final note, it must be borne in mind that membership in the bar is a
privilege burdened with conditions,[11] one of which is the payment of
membership dues. Failure to abide by any of them entails the loss of such
privilege if the gravity thereof warrants such drastic move.
WHEREFORE, petitioners request for exemption from payment of IBP
dues is DENIED. He is ordered to pay P12,035.00, the amount assessed by
the IBP as membership fees for the years 1977-2005, within a non-extendible
period of ten (10) days from receipt of this decision, with a warning that
failure to do so will merit his suspension from the practice of law.
SO ORDERED.
33
34
34
35
Corderos wife thus filed a complaint with the Bureau of Food and Drug
Administration (BFAD). Laboratory examination confirmed the presence of
parasites in the Liver spread.
Pursuant to Joint DTI-DOH-DA Administrative Order No. 1, Series of 1993, the
BFAD conducted a conciliation hearing on July 27, 2004 during which the
spouses Cordero demanded P150,000 as damages from complainant.
Complainant refused to heed the demand, however, as being in
contravention of company policy and, in any event, "outrageous."
Complainant instead offered to return actual medical and incidental
expenses incurred by the Corderos as long as they were supported by
receipts, but the offer was turned down. And the Corderos threatened to
bring the matter to the attention of the media.
Complainant was later required by the BFAD to file its Answer to the
complaint. In the meantime or on August 6, 2004, respondent sent
complainant via fax a copy of the front page of the would-be August 10-16,
2004 issue of the tabloid Balitang Patas BATAS, Vol. 1, No. 122 which
complainant found to contain articles maligning, discrediting and imputing
vices and defects to it and its products. Respondent threatened to publish
the articles unless complainant gave in to the P150,000 demand of the
Corderos. Complainant thereupon reiterated its counter-offer earlier
conveyed to the Corderos, but respondent turned it down.
Respondent later proposed to settle the matter for P50,000, P15,000 of
which would go to the Corderos andP35,000 to his Batas Foundation. And
respondent directed complainant to place paid advertisements in the
tabloids and television program.
The Corderos eventually forged a KASUNDUAN3 seeking the withdrawal of
their complaint before the BFAD. The BFAD thus dismissed the
complaint.4 Respondent, who affixed his signature to the KASUNDUAN as a
witness, later wrote in one of his articles/columns in a tabloid that he
prepared the document.
On August 11, 2004, respondent sent complainant an Advertising
Contract5 asking complainant to advertise in the tabloid Balitang Patas BATAS
for its next 24 weekly issues at P15,000 per issue or a total amount
of P360,000, and a Program Profile6 of the television program KAKAMPI MO
ANG BATAS also asking complainant to place spot advertisements with the
following rate cards: (a) spot buy 15-second TVC at P4,000; (b) spot buy 30second TVC at P7,700; and (c) season buy [13 episodes, 26 spots] of 30second TVC for P130,000.
35
36
37
sa CDO," Setyembre 21, 2004 (Taon 7,Blg. 291);23 (m) "Kasunduan ng CDO at
Pamilya Cordero," Setyembre 22, 2004 (Taon 7,Blg. 292);24 (n) "Bakit
nagbayad ng P50 libo ang CDO," Setyembre 23, 2004 (Taon 7,Blg. 293). 25
In his September 8, 2004 column "Anggulo ng Batas" published in Hataw!,
respondent wrote an article "Reaksyon pa sa uod ng CDO Liver Spread."26
And respondent, in several episodes in September 2004 of his television
program Kakampi Mo ang Batas aired over UNTV, repeatedly complained of
what complainant claimed to be the "same baseless and malicious
allegations/issues" against it.27
Complainant thus filed criminal complaints against respondent and several
others for Libel and Threatening to Publish Libel under Articles 353 and 356
of the Revised Penal Code before the Office of the City Prosecutor of Quezon
City and Valenzuela City. The complaints were pending at he time of the filing
of the present administrative complaint.28
In the criminal complaints pending before the Office of the City Prosecutor of
Valenzuela City, docketed as I.S. Nos. V-04-2917-2933, respondent filed his
Entry of Appearance with Highly Urgent Motion to Elevate These Cases to the
Department of Justice,29 alleging:
xxxx
2.N. The question here is this: What gives, Honorable (???) Prosecutors of the
Office of the City Prosecutor of Valenzuela City?
xxxx
2.R. Can an ordinary person like Villarez simply be tossed around, waiting for
miracles to happen?
2.S. Why? How much miracle is needed to happen here before this Office
would ever act on his complaint?
xxxx
8. With a City Prosecutor acting the way he did in the case filed by Villarez,
and with an investigating prosecutor virtually kowtowing to the wishes of his
boss, the Chief Prosecutor, can Respondents expect justice to be meted to
them?
9. With utmost due respect, Respondents have reason to believe that justice
would elude them in this Office of the City Prosecutor of Valenzuela City, not
37
38
because of the injustice of their cause, but, more importantly, because of the
injustice of the system;
10. Couple all of these with reports that many a government office in
Valenzuela City had been the willing recipient of too many generosities in the
past of the Complainant, and also with reports that a top official of the City
had campaigned for his much coveted position in the past distributing
products of the Complainant, what would one expect the Respondents to
think?
11. Of course, not to be lost sight of here is the attitude and behavior
displayed even by mere staff and underlings of this Office to people who dare
complain against the Complainant in their respective turfs. Perhaps, top
officials of this Office should investigate and ask their associates and
relatives incognito to file, even if on a pakunwari basis only, complaints
against the Complainant, and they would surely be given the same rough
and insulting treatment that Respondent Villarez got when he filed his
kidnapping charge here;30
And in a Motion to Dismiss [the case] for Lack of Jurisdiction31 which
respondent filed, as counsel for his therein co-respondents-staffers of the
newspaper Hataw!, before the Office of the City Prosecutor of Valenzuela
City, respondent alleged:
xxxx
5. If the Complainant or its lawyer merely used even a little of whatever
is inside their thick skulls, they would have clearly deduced that this
Office has no jurisdiction over this action.32 (Emphasis supplied)
xxxx
Meanwhile, on October 26, 2004, complainant filed a civil case against
respondent and several others, docketed as Civil Case No. 249-V-04, 33 before
the Regional Trial Court, Valenzuela City and raffled to Branch 75 thereof.
The pending cases against him and the issuance of a status quo order
notwithstanding, respondent continued to publish articles against
complainant34 and to malign complainant through his television shows.
Acting on the present administrative complaint, the Investigating
Commissioner of the Integrated Bar of the Philippines (IBP) came up with the
following findings in his October 5, 2005 Report and Recommendation:35
I.
38
39
xxxx
In Civil Case No. 249-V-04 entitled "Foodsphere, Inc. vs. Atty. [Melanio]
Mauricio, et al.", the Order dated 10 December 2004 (Annex O of the
Complaint) was issued by Presiding Judge Dionisio C. Sison which in part
reads:
"Anent the plaintiffs prayer for the issuance of a temporary restraining order
included in the instant plaintiffs motion, this Court, inasmuch as the
defendants failed to appear in court or file an opposition thereto, is
constrained to GRANT the said plaintiffs prater, as it is GRANTED, in order to
maintain STATUS QUO, and that allthe defendants, their agents,
representatives or any person acting for and in behalf are hereby
restrained/enjoined from further publishing, televising and/or broadcasting
any matter subject of the Complaint in the instant case more specifically the
imputation of vices and/or defects on plaintiff and its products."
Complainant alleged that the above-quoted Order was served on respondent
by the Branch Sheriff on 13 December 2004. Respondent has not denied the
issuance of the Order dated 10 December 2004 or his receipt of a copy
thereof on 13 December 2004.
Despite his receipt of the Order dated 10 December 2004, and the clear
directive therein addressed to him to desists [sic] from "further publishing,
televising and/or broadcasting any matter subject of the Complaint in the
instant case more specifically the imputation of vices and/or defects on
plaintiff and its products", respondent in clear defiance of this Order came
out with articles on the prohibited subject matter in his column "Atty. Batas",
2004 in the December 16 and 17, 2004 issues of the tabloid "Balitang Bayan
Toro" (Annexes Q and Q-1 of the Complaint).
The above actuations of respondent are also in violation of Rule 13.03 of the
Canon of Professional Responsibilitywhich reads: "A lawyer shall not make
public statements in the media regarding a pending case tending to arouse
public opinion for or against a party."
II.
xxxx
In I.S. No. V.04-2917-2933, then pending before the Office of the City
Prosecutor of Valenzuela City, respondent filed his "Entry of Appearance with
Highly Urgent Motion to Elevate These Cases To the Department of Justice".
In said pleading, respondent made the following statements:
xxxx
39
40
41
then turned around and proceeded to lambaste complainant for what was
supposedly already settled in said agreement. Complainant would have been
better of with the BFAD case proceeding as it could have defended itself
against the charges of the Spouses Cordero. Complainant was helpless
against the attacks of respondent, a media personality. The actuations of
respondent constituted, to say the least, deceitful conduct contemplated
under Rule 1.01 of Canon 1 of the Code of Professional
Responsibility.36 (Underscoring supplied)
The IBP Board of Governors, by Resolution No. XVIII-2006-114 dated March
20, 2006, adopted the findings and recommendation of the Investigating
Commissioner to suspend respondent from the practice of law for two years.
The Court finds the findings/evaluation of the IBP well-taken.
The Court, once again, takes this occasion to emphasize the necessity for
every lawyer to act and comport himself in a manner that promotes public
confidence in the integrity of the legal profession,37 which confidence may be
eroded by the irresponsible and improper conduct of a member of the bar.
By the above-recited acts, respondent violated Rule 1.01 of the Code of
Professional Responsibility which mandates lawyers to refrain from engaging
in unlawful, dishonest, immoral or deceitful conduct. For, as the IBP found, he
engaged in deceitful conduct by, inter alia, taking advantage of the
complaint against CDO to advance his interest to obtain funds for his Batas
Foundation and seek sponsorships and advertisements for the tabloids and
his television program.
He also violated Rule 13.02 of the Code of Professional Responsibility, which
mandates:
A lawyer shall not make public statements in the media regarding a pending
case tending to arouse public opinion for or against a party.
For despite the pendency of the civil case against him and the issuance of a
status quo order restraining/enjoining further publishing, televising and
broadcasting of any matter relative to the complaint of CDO, respondent
continued with his attacks against complainant and its products. At the same
time, respondent violated Canon 1 also of the Code of Professional
Responsibility, which mandates lawyers to "uphold the Constitution, obey the
laws of the land and promote respect for law and legal processes." For he
defied said status quo order, despite his (respondents) oath as a member of
the legal profession to "obey the laws as well as the legal orders of the duly
constituted authorities."
41
42
43
43
LEONARDO A. QUISUMBING
Associate Justice
ANTONIO T. CARPIO
Associate Justice
CONSUELO YNARESSANTIAGO
Associate Justice
RENATO C. CORONA
Associate Justice
MINITA V. CHICO-NAZARIO
Associate Justice
ANTONIO EDUARDO B.
NACHURA
Associate Justice
TERESITA J. LEONARDO-DE
CASTRO
Associate Justice
ARTURO D. BRION
DIOSDADO M. PERALTA
44
Associate Justice
Associate Justice
LUCAS P. BERSAMIN
Associate Justice
Footnotes
1
vs.
V.
CEASAR
LLANTINO
G.
and
45
RESOLUTION
YNARES-SANTIAGO, J.:
On December 29, 2000, Atty. Walter T. Young filed a Verified AffidavitComplaint for disbarment against Attys. Ceasar G. Batuegas, Miguelito
Nazareno V. Llantino and Franklin Q. Susa for allegedly committing deliberate
falsehood in court and violating the lawyers oath.[1]
Complainant is the private prosecutor in Criminal Case No. 00-187627 for
Murder, entitled People of the Philippines versus Crisanto Arana, Jr.,
pending before the Regional Trial Court of Manila, Branch 27. On December
13, 2000, respondents Batuegas and Llantino, as counsel for accused, filed a
Manifestation with Motion for Bail, alleging that the accused has voluntarily
surrendered to a person in authority. As such, he is now under
detention.[2] Upon personal verification with the National Bureau of
Investigation (NBI) where accused Arana allegedly surrendered, complainant
learned that he surrendered only on December 14, 2000, as shown by the
Certificate of Detention executed by Atty. Rogelio M. Mamauag, Chief of the
Security Management Division of the NBI.
Respondent Susa, the Branch Clerk of Court of RTC of Manila, Branch 27,
calendared the motion on December 15, 2000 despite the foregoing
irregularity and other formal defects, namely, the lack of notice of hearing to
the private complainant, violation of the three-day notice rule, and the failure
to attach the Certificate of Detention which was referred to in the Motion as
Annex 1.
Respondents filed their respective comments, declaring that on
December 13, 2000, upon learning that a warrant of arrest was issued
against their client, they filed the Manifestation with Motion for Bail with the
trial court. Then they immediately fetched the accused in Cavite and
brought him to the NBI to voluntarily surrender. However, due to heavy
traffic, they arrived at the NBI at 2:00 a.m. the next day; hence, the
certificate of detention indicated that the accused surrendered on December
14, 2000. They argued that there was neither unethical conduct nor
falsehood in the subject pleading as their client has voluntarily surrendered
and was detained at the NBI. As regards the lack of notice of hearing, they
contend that complainant, as private prosecutor, was not entitled to any
notice. Nevertheless, they furnished the State and City prosecutors copies of
45
46
the motion with notice of hearing thereof. Moreover, the hearing of a motion
on shorter notice is allowed under Rule 15, Sec. 4(2) of the Rules of Court.[3]
For his part, respondent Susa argues in his comment that he was no
longer in court when his co-respondents filed the Manifestation with Motion
for Bail. Ms. Teofila A. Pea, Clerk III, received the said Motion and noticed
that it was set for hearing on December 15, 2000 and the Certificate of
Detention was not attached. However, the presiding judge instructed her to
receive the Motion subject to the presentation of the Certificate of Detention
before the hearing. Thus, the inclusion of the Motion in the courts calendar
on December 15, 2000 was authorized by the presiding judge and, thus, was
done by respondent Susa in faithful performance of his ministerial duty.
In a Resolution dated August 13, 2001,[4] the instant case was referred to
the Integrated Bar of the Philippines for investigation, report and
recommendation or decision.
On December 7, 2001, the Investigating Commissioner, Rebecca
Villanueva-Maala, submitted her report and recommendation as follows:
WHEREFORE, the foregoing premises considered, it is respectfully
recommended that Atty. Ceasar G. Batuegas and Atty. Miguelito Nazareno V.
Llantino be suspended from the practice of their profession as a
lawyer/member of the Bar for a period of six (6) months from receipt
hereof. The complaint against Atty. Franklin Q. Susa, upon the other hand, is
hereby recommended dismissed for lack of merit.[5]
The foregoing Report and Recommendation was adopted and approved
by the IBP-Commission on Bar Discipline in Resolution No. XV-2002-400, to
wit:
RESOLVED to ADOPT and APPROVE, as it is hereby ADOPTED and APPROVED,
the Report and Recommendation of the Investigating Commissioner of the
above-entitled case, herein made part of this Resolution/Decision as Annex
A; and, finding the recommendation fully supported by the evidence on
record and the applicable laws and rules, and in view of respondents
commission of deliberate falsehood, Atty. Batuegas and Atty. Llantino are
hereby SUSPENDED from the practice of law for six (6) months. The
complaint against Atty. Susa is hereby DISMISSED for lack of merit.[6]
46
47
48
49
MONTEMAYOR, J.:
The present case had its origin in a story or news item prepared and written
by the defendant, Angel J. Parazo, a duly accredited reporter of the Star
Reporter, a local daily of general circulation, that appeared on the front page
of the issue of September 14, 1948. The story was preceded by the headline
in large letters "CLAIM 'LEAK' IN LAST BAR TESTS," followed by another in
slightly smaller letters "Applicants In Uproar, Want Anomaly Probed; One
School Favored," under the name "By Angel J. Parazo of the Star
Reporter Staff." For purposes of reference we quote the news item in full:
Leakage in some subjects in the recent bar examinations were
denounced by some of the law graduates who took part in the tests, to
the Star Reporter this morning.
These examinees claim to have seen mimeograph copies of the
questions in one subject, days before the tests were given, in the
Philippine Normal School.
Only students of one private university in Sampaloc had those
mimeographed questions on said subject fully one week before the
tests.
49
50
The students who made the denunciation to the Star Reporter claim
that the tests actually given were similar in every respect to those they
had seen students of this private university holding proudly around the
city.
The students who claim to have seen the tests which leaked are
demanding that the Supreme Court institute an immediate probe into
the matter, to find out the source of the leakage, and annul the test
papers of the students of the particular university possessed of those
tests before the examinations.
The discovery of the alleged leakage in the tests of the bar
examinations came close on the heels of the revelations in
the Philippine Collegian, official organ of the student body of the
University of the Philippines, on recent government tests wherein the
questions had come into the possession of nearly all the graduates of
some private technical schools.
To the publication, evidently, the attention of the Supreme Court must have
been called, and Mr. Justice Padilla, who had previously been designated
Chairman of the Committee of Bar Examiners for this year, by authority of
the Court, instructed Mr. Jose de la Cruz as Commissioner with the assistance
of Mr. E. Soriano, Clerk of Court to cite Mr. Parazo for questioning and
investigation. In this connection, and for purposes of showing the interest of
the Supreme Court in the news item and its implications, it may here be
stated that this Court is and for many years has been, in charge of the Bar
Examinations held every year, including that of this year, held in August,
1948. Section 13, Article VIII of the Constitution of the Philippines authorizes
this Court to promulgate rules concerning admission to the practice of law,
and pursuant to that authority, Rule 127 of the Rules of Court was
promulgated, under which rule, this Court conducts the Bar Examinations
yearly, appoints a Committee of Bar Examiners to be presided by one of the
Justices, to serve for one year, acts on the report of the committee and
finally, admits to the Bar and to the practice of law, the candidates and
examinees who have passed the examinations.
The investigation of Mr. Parazo was conducted on September 18, 1948, on
which occasion he testified under oath and, answering questions directed to
him by Messrs. Cruz and Soriano admitted that he was the author of the
news item; that he wrote up the story and had it published, in good faith and
in a spirit of public service; and that he knew the persons who gave him the
information which formed the basis of his publication but that he declined to
reveal their names because the information was given to him in confidence
and his informants did not wish to have their identities revealed. The
investigators informed Parazo that this was a serious matter involving the
confidence of the public in the regularity and cleanliness of the Bar
50
51
52
Acting upon this resolution, the writer of this opinion cited Mr. Parazo to
appear before him on October 13, 1948. He appeared on the date set and it
was clearly explained to him that the interest of the State demands and this
court requires that he reveal the source of sources of his information and of
his news item; that this was a very serious matter involving the confidence of
the people in general and the law practitioners and bar examinees in
particular, in the regularity and cleanliness of the bar examinations; that it
also involves the good name and reputation of the bar examiners who are
appointed by this Court to prepare the bar examinations questions and later
pass upon and correct the examinations questions and last but not least, it
also involves and is bound to affect the confidence of the whole country in
the very Supreme Court which is conducting the bar examinations. It was
further explained to him that the Supreme Court is keenly interested in
investigating the alleged anomaly and leakage of the examination questions
and is determined to punish the party or parties responsible therefor but that
without his help, specially the identities of the persons who furnished him the
information and who could give the court the necessary data and evidence,
the Court could not even begin the investigation because there would be no
basis from which to start, not even a clue from which to formulate a theory.
Lastly, Parazo was told that under the law he could be punished if he refused
to make the revelation, punishment which may even involve imprisonment.
Because of the seriousness of the matter, Parazo was advised to think it over
and consider the consequences, and if he need time within which to do this
and so that he might even consult the editor and publisher of his paper,
the Star Reporter, he could be given an extension of time, and at his request,
the investigation was postponed to October 15, 1948. On that date he
appeared, accompanied by his counsel, Atty. Felixberto M. Serrano. The
writer of this opinion in the presence of his counsel, several newspapermen,
Clerk of Court Soriano, Deputy Clerk of Court Cruz, and Mr. Chanliongco
made a formal demand on Mr. Parazo to reveal the identities of his
informants, under oath, but he declined and refused to make the revelation.
At the request of his counsel, that before this Court take action upon his
refusal to reveal, he be accorded a hearing, with the consent of the Court
first obtained, a public hearing was held on the same day, October 15, 1948
in the course of which, Attorney Serrano extensively and ably argued the
case of his client, invoking the benefits of Republic Act No. 53, the first
section of which reads as follows:
SECTION 1. The publisher, editor or duly accredited reporter of any
newspaper, magazine or periodical of general circulation cannot be
compelled to reveal the source of any news-report or information
appearing in said publication which was related in confidence to such
publisher, editor or reporter, unless the court or a House or committee
of Congress finds that such revelation is demanded by the interest of
the state.
52
53
This Court has given this case prolonged, careful and mature consideration,
involving as it does interesting and important points of law as well as
questions of national importance. Counsel contends that the phrase "interest
of the state" found at the end of section 1 of Republic Act No. 53 means and
refers only to the security of the state, that is to say that only
when National Security or public safety is involved, may this Court compel
the defendant to reveal the source or sources of his news report or
information. We confess that it was not easy to decide this legal question on
which the conviction or acquittal of Parazo hinges. As a matter of facts, the
vote of the Justice is not unanimous.
In an effort to determine the intent of the Legislature that passed Republic
Act No. 53, particularly the Senate were it originated, we examined the
record of the proceedings in said legislative body when this Act, then Senate
Bill No. 6 was being discussed. We gathered from the said record that the
original bill prepared by Senator Sotto provided that the immunity to be
accorded a publisher, editor, or reporter of any newspaper was absolute and
that under no circumstance could he be compelled to reveal the source of his
information or news report. The committee, however, under the
chairmanship of Senator Cuenco inserted an amendment or change, by
adding to the end of section 1 of the clause "unless the court finds that such
revelation is demanded by the public interest."
When the bill as amended was recommended for approval on second
reading, Senator Sotto, the author of the original bill proposed an
amendment by eliminating the clause added by the committee "unless the
court finds that such revelation is demanded by the public interest," claiming
that said clause would kill the purposed of the bill. This amendment of
Senator Sotto was discussed. Various Senators objected to the elimination of
the clause already referred to on the ground that without such exception and
by giving complete immunity to editors, reporters, etc., many abuses may be
committed. Senator Cuenco, Committee chairman, in advocating the
disapproval of the Sotto amendment, and in defending the exception
embodied in the amendment introduced by the Committee, consisting in the
clause: "unless the court finds that such revelation is demanded by the
public interest," said that the Committee could not accept the Sotto
amendment because there may be cases, perhaps few, in which the interest
of the public or the interest of the state required that the names of the
informants be published or known. He gave as one example a case of a
newspaperman publishing information referring to a theft of the plans of forts
or fortifications. He argued that if the immunity accorded a newspaperman
should be absolute, as sought by the Sotto amendment, the author of the
theft might go scott-free. When the Sotto amendment was put to a vote, it
was disapproved. Finally, Senator Sotto proposed another amendment by
changing the phrase "public interest" at the end of section 1 as amended by
the Committee be changed to and substituted by the phrase "interest of the
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state," claiming that the phrase public interest was too elastic. Without much
discussion this last amendment was approved, and this phrase is now found
in the Act as finally approved.
In view of the contention now advanced, that the phrase "interest of the
state" is confined to cases involving the "security of the state" or "public
safety," one might wonder or speculate on why the last amendment
proposed by Senator Sotto, changing the phrase "public interest" to "interest
of the state," was approved without much discussion. But we notice from the
records of the deliberations on and discussion of the bill in the Senate that
the phrase "public interest" was used interchangeably by some Senators with
the phrase "interest of the state." For instance, although the bill, as amended
by the Committee presided by Senator Cuenco, used the words "public
interest, "when Senator Cuenco sponsored the bill before the Senate he used
in his speech or remarks the phrase "interest of the State" (interes del
Estado). Again, although the bill, as sponsored by the Cuenco Committee and
discussed by the Senate, used the words "public interest, "Senator Sebastian
referred to the exception by using the phrase "interest of the state." This
understanding of at least two of the Senators, who took part in the
discussion, about the similarity or interchangeability of the two phrases
"public interest" and "interest of the estate," may account for the readiness
or lack of objection on the part of the Senate, after it had rejected the first
Sotto amendment, to accept the second Sotto amendment, changing the
phrase "public interest" to "interest of the state."
In referring to a case wherein the security of the state or public safety was
involved, such as the theft of the plans of fortifications, Senator Cuenco was
obviously giving it only as an example of what he meant by "interest of the
state;" it was not meant to be the only case or example. We do not propose
to define or fix the limits or scope of the phrase "interest of the state;" but
we can say that the phrase "interest of the state" can not be confined and
limited to the "security of the state" or to "public safety" alone. These
synonymous phrases, "security of the state" and "public safety," are not
uncommon terms and we can well presume that the legislators were familiar
with them. The phrase "public safety," is used in Article III, section 1(5) of the
Constitution of the Philippines, where it says that "the privacy of
communications and correspondence shall be inviolable except upon lawful
order of the court or when public safety and order require otherwise;" and
Article VII, section 10(2) of the same Constitution provided that the President
may suspend the privileges of the writ of habeas corpus, in case of invasion,
insurrection, etc., when the public safety requires it.
The phrase "National Security" is used at the beginning of Book II of the
Revised Penal Code, thus: Title I, Crimes against National Security and the
law of Nations, Chapter I, Crimes against National Security. Then, more
recently, the phrase "National Security" was used in section 2, and the
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training, as well as in honesty and fair dealing. The Court and the licensed
lawyers themselves are vitally interested in keeping this high standard; and
one of the ways of achieving this end is to admit to the practice of this noble
profession only those persons who are known to be honest, possess good
moral character, and show proficiency in and knowledge of the law by the
standard set by this Court by passing the Bar Examinations honestly and in
the regular and usual manner. It is of public knowledge that perhaps by
general inclination or the conditions obtaining in this country, or the great
demand for the services of licensed lawyers, law as compared to other
professions, is the most popular in these islands. The predominantly greater
number of members of the Bar, schools and colleges of law as compared to
those of other learned professions, attest to this fact. And one important
thing to bear in mind is that the Judiciary, from the Supreme Court down to
the Justice of the Peace Courts, provincial fiscalships and other prosecuting
attorneys, and the legal departments of the Government, draw exclusively
from the Bar to fill their positions. Consequently, any charge or insinuation of
anomaly in the conduct of Bar Examinations, of necessity is imbued with
wide and general interest and national importance.
If it is true that Bar Examination questions, for some reason or another, find
their way out and get into the hands of Bar examinees before the
examinations are actually given, and as a result thereof some examinees
succeed in illegally and improperly obtaining passing grades and are later
admitted to the Bar and to the practice of law, when otherwise they should
not be, then the present members of the legal profession would have reason
to resent and be alarmed; and if this is continued it would not be long before
the legal profession will have fallen into disrepute. The public would naturally
lose confidence in the lawyers, specially in the new ones, because a person
contemplating to go to court to seek redress or to defend himself before it
would not know whether a particular lawyer to whom he is entrusting his
case has legally passed the Bar Examinations because of sufficient and
adequate preparation and training, and that he is honest, or whether he was
one of those who had succeeded in getting hold of Bar Examination
questions in advance, passed the Bar Examinations illegally, and then
started his legal career with this act of dishonesty. Particularly, the Bar
examinees who, by intense study and conscientious preparations, have
honestly passed the Bar Examinations and are admitted to practice law,
would be affected by this anomaly, because they would ever be under a
cloud of suspicion, since from the point of view of the public, they might be
among those who had made use of Bar Examination questions obtained
before hand. And, incidentally, the morale of the hundreds of students and
graduates of the different law schools, studying law and later preparing for
the Bar Examinations, would be affected, even disastrously, for in them may
be born the idea that there is no need of much law study and preparation
inasmuch as it is possible and not difficult to obtain copies of questions
before the examinations and pass them and be admitted to the Bar.
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The cloud of suspicion would, equally, hang over the Bar examiners
themselves, eight eminent lawyers who in a spirit of public service and civic
spirit, have consented to serve on the Committee of Examiners at the
request and designation of this Court. They would be suspected, one or
two or more of them that through negligence, or connivance, or downright
corruption, they have made possible the release if they have not themselves
actually released, before examination day, the questions they had prepared.
The employees of the Supreme Court in charge of the Bar Examinations,
specially those who copy or mimeograph the original copies furnished by the
Bar examiners, would all be under suspicion. And, lastly, and more important
still, the Supreme Court itself which has to overall supervision and control
over the examinations, would share the suspicion, as a result of which the
confidence of the people in this High Tribunal, which public confidence, the
members of this Court like to think and believe, it still enjoys, might be
affected and shaken. All these considerations of vital importance, in our
opinion, can and will sufficiently cause the present case to fall and be
included within the meaning of the phrase "interest of the state," involving
as it does, not only the interests of students and graduates of the law
schools and colleges, and of the entire legal profession of this country as well
as the good name and reputation of the members of the Committee of Bar
Examiners, including the employees of the Supreme Court having charge of
and connections with said examinations, but also the highest Tribunal of the
land itself which represents one of the three coordinate and independent
branches or departments of the Philippine Government.
In support of if not in addition to the power granted by section 1 of Republic
Act. No. 53 to this Court, we have the inherent power of courts in general,
specially of the Supreme Court as representative of the Judicial Department,
to adopt proper and adequate measures to preserve their integrity, and
render possible and facilitate the exercise of their functions, including, as in
the present case, the investigation of charges of error, abuse or misconduct
of their officials and subordinates, including lawyers, who are officers of the
Court. (Province of Tarlac vs. Gale, 26 Phil., 350; 21 C.J.S. 41, 138.) As we
have previously stated, the revelation demanded of the respondent, of the
identity of his informants, is essential and necessary to the investigation of
the charge contained in the publication already mentioned.
It will be noticed from Parazo's news item as quoted in the first part of this
decision, that, informants, law graduates and bar examinees, were
denouncing the supposed anomaly consisting of the alleged leakage of the
Bar Examination questions to the Supreme Court for due investigation. If
those persons really meant and intended to make a bona fide and effective
denunciation, with expectation of results, the right place to air their
grievance was the Supreme Court itself, not a newspaper; and if they truly
wanted an investigation, they should have come forward and furnished or
stood ready to furnish the facts on which to base and from which to start an
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and reliable evidence, aid and cooperate with the Court in its endeavor to
further examine and probe into the charges contained in the news items,
said charges are considered and held to be without basis, proof or
foundation.
When the Supreme Court decided to demand of the respondent herein that
he reveal the names of his informants, it was not impelled or motivated by
mere idle curiosity. It truly wanted information on which to start an
investigation because it is vitally interested in keeping the Bar Examinations
clean and above board and specially, not only to protect the members of the
Bar and those aspiring for membership therein and the public dealing with
the members thereof and the Bar Examiners who cooperate with and act as
agents of this Court in preparing the examination questions and correcting
the examination papers, but also, as already stated, to keep the confidence
of the people in this High Tribunal as regards the discharge of its function
relative to the admission to the practice of law. These, it can only do by
investigating any Bar Examination anomaly, fixing responsibility and
punishing those found guilty, even annulling examinations already held, or
else declaring the charges as not proven, if, as a result of the investigation, it
is found that there is insufficiency or lack of evidence. In demanding from the
respondent that he reveal the sources of his information, this Court did not
intend to punish those informants or hold them liable. It merely wanted their
help and cooperation. In this Court's endeavor to probe thoroughly the
anomaly, or irregularity allegedly committed, it was its intention not only to
adopt the necessary measures to punish the guilty parties, if the charges are
found to be true, but also even to annul the examinations themselves, in
justice to the innocent parties who had taken but did not pass the
examinations. We say this because in every examination, whether conducted
by the Government or by a private institution, certain standards are
unconsciously adopted on which to base the passing grade. For instance, if,
as a result of the correction of many or all of the examination papers, it is
found that only very few have passed it, the examiner might reasonably
think that the questions he gave were unduly difficult or hard to understand,
or too long, as a result of which he may be more liberal and be more lenient
and make allowances. On the hand, if too many obtain passing grade, the
examiner may think that the examination questions were too easy and
constitute an inadequate measure of the legal knowledge and training
required to be a lawyer, and so he may raise his standard and become more
strict in his correction of the papers and his appreciation of the answers. So,
in a case where examinees, especially if many, succeed in getting hold of
questions long before examinations day, and study and prepare the answers
to those questions, it may result that when the examiner finds that many of
the examinees have easily and correctly answered the questions, he may
think that said questions were too easy, raise the standard by being strict in
his correction of the papers, thereby giving a grade below passing to a
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Separate Opinions
Perfecto, J., concurring and dissenting:
The facts in this case, as narrated in the decision penned by Mr. Justice
Montemayor, justify conclusively the finding of the majority that respondent
is guilty of contempt for his stubborn refusal to obey an order of this Court.
Section 1 of Republic Act No. 53, invoked by respondent in his defense, does
not protect him. It would protect him only if we could agree with his theory
that the words "interest of the state" used in the law should be read to mean
security of the state or public safety. But there is nothing in the whole text of
Republic Act No. 53 and/or in the intention of those who drafted and enacted
it, as can be gleaned in the Senate journal, or in the grammatical, rhetorical,
or philosophical meaning of the words in question, that can justify the
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limiting or narrowing of the scope of the ideas that they embrace within the
small circle of public security or safety of the state.
The word "interest" in the phrase "interest of the state" represents a world of
ideas and concepts within the ideas of security or safety occupy a place,
however privileged, insignificant in magnitude. There is no legal basis for us
to reduce the purpose of the law, as conveyed by its very words, to a
minimum that, if given effect, would virtually amend the law without the
benefit of congressional enactment. Such would be violative of the
Constitution.
In the tug of war between the theory of absolute privilege of the author of
the original bill and the Senate committee that would limit the privilege up to
the point where it runs in conflict with the wide area of public interest, the
opposing sides arrived at a meeting ground in which the line of limitation
was pushed up to the place where the privilege may be in conflict with the
interest of the state. No one is authorized to push that line of limitation still
farther to the fence surrounding the safety of the state. We have to stop at
the line of limitation set by Congress. To hurdle it is to transgress the law.
No matter how much we may agree with the side maintaining the absolute
privilege or reducing any limitation to an imaginable minimum, or how much
we may sympathize with its failure in the Senate or in Congress, we are
powerless to retrieve that side from its plight. We are not authorized to inject
in the statute a law of our own creation, or make of a legislative failure a
success, and thus defeat the legislative intent. There is no alternative for the
losing legislative side except to bide for time and wait for a more respective
mood of Congress.
Contempt of court is an offense that should not be left unpunished,
especially if it consists in the disobedience of a judicial order. The orders of a
court demand obedience for their effectiveness. Administration of justice is
impossible with unenforceable judicial orders. The effectiveness of judicial
orders is the elan vital of the administration of justice. To disobey an order of
court is a terrible thing because it means sowing the seeds of anarchy and
chaos. The Supreme Court, if it can help it, will never allow such a thing to
obtain.
Anyone may imagine a state or a human society smoothly functioning
without an executive department or without a legislative department. As a
matter of fact, in this Republic, Congress functions only one third of the year.
During the remaining two thirds of the year the life of the nation does not
suffer any impairment. It can even be said that during those two thirds of the
year there is more normalcy than during the Congressional session when
legislative reforms and the enactment of new laws cannot but produce some
public uneasiness, sometimes, amounting to a real crisis in the way of life of
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the people. No one can imagine the possibility of an orderly human society
without some effective system of administration of justice, functioning
without long interruptions.
While we cannot overemphasize the importance of upholding judicial
authority to its full measure and this Supreme Court will never take lightly
any disobedience to or defiance of its orders, and it should mete out to all
affected parties the tremendous weight of its power and will punish, without
fear or favor, the guilty parties, regardless of who they may be, in the
present case we are constrained to disagree with the penalty imposed upon
respondent.
Respondent is punished under section 7 of Rule 64, the same section we
have already declared invalid in our opinion in the Harden case, 81 Phil., 741.
The provision of law applicable to respondent is contained in section 6 of
Rule 64, under which a person guilty of contempt may be fined in a sum not
exceeding P1,000 or imprisoned for not more than six months, or both.
Considering that there are mitigating circumstances that attenuate
respondent's responsibility, youthfulness, honest but wrong belief in the
existence of a privilege, absence of substantial harm, we should not
impose upon respondent a stiffer penalty than that which we imposed in the
case of Benito M. Sakdalan, L-2781, the very one which, as can be gleaned
from the Senate journal, prompted the enactment of Republic Act No. 53.
We cannot agree with the proviso in the majority opinion leaving to
respondent the discretion to reduce the imprisonment imposed by the simple
process of making the revelation exacted from him. The penalty should be
measured by the responsibility, and that measure cannot be left at the
discretion of the guilty one. His future revelation will not diminish or in any
way affect his responsibility for the offense he has already perpetrated. His
past disobedience cannot be attenuated by a future action. The past cannot
be remade. What has been done cannot be undone. These are verities no
one can eloign.
We vote to impose upon respondent two days of imprisonment.
PARAS, J., dissenting:
If, as insisted by the respondent, he wrote up and published in the
newspaper Star Reporter the story (Claim "Leak" in Last Bar Tests) quoted in
full in the decision of the majority, in good faith and in a spirit of public
service, he voluntarily should have revealed the identities of his informants,
thereby enabling this Court, conformably to the alleged demands of
denouncing bar examinees, to "institute an immediate probe into the matter,
to find out the source of the leakage, and annual the test papers of the
students of the particular university possessed of those tests before the
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magistrados, los jueces de primera instancia, los jueces de paz y los fiscales,
en una palabra, el personal basico de la administracion de justicia. Se ha
insinuado inclusive que de esa profesion surgen regularmente los lideres
politicos y sociales de las naciones y pueblos. Comencemos por esto ultimo.
Tienen los abogados la exclusiva del liderato publicos y social del mundo?
Esto lo diria un panegirista de la profesion en un discurso de fin de curso de
un colegio de leyes, pero la historia nos dice que el liderato no ha sido nunca
cuestion profesional, sino que el lider ha surgido como un precipitado
individual o social independientemente de las profesiones y oficios. Ha
habido y hay en el mundo muchos caudillos no abogados y, por cierto, los
mejores no siemprehan sido siempre los de esta clase. Es verad que hubo un
Lincoln abogado uno de los caudillos mas sobresalientes que la
democraica produjera en el mundo; pero tembien hubo un Washington
agrimensor padre de la nacion que produjo a Lincoln. Y el caso de Filipinas
es todavia mas tipico como demostracion de las tesis de que el cuadillaje no
es cuestion profesional. Como todo el mundo sabe, nuestros dos mas
grandes caudillos en el pasado no eran abogados; Rizal era medico; y
Bonifacio, el llamado padre de la democracia filipina, no solo no era
profesional, sino que apenas era nada, academicamente hablando era un
simple bodeguero, un verdadero plebeyo. Sin embargo, esto no le impidio,
mientras fraguaba el acero candente del Katipunan, empaparse en las gestas
de la revolucion francesa leyendo a Thiers en espaol. (Cuantos de nuestros
abogados dicho sea entre parentesis sobre todo de la epoca de
Bonifacio, habran leido, o siquiera visto el forro, de la Revolucion Francesa de
Thiers?)
Es verdad que el personal basico de la administracion de justicia esta
compuesto de abogados, pero en la misma decision de la mayoria se
reconoce que la administracion de justicia es solo una de las principales
funciones del gobierno y a renglon seguido se apunta el sistema de
enseanza publica (public school system) como otra funcion de importancia
nacional. Entonces cabe preguntar: porque no se va a considerar tambien
envuelto el "interes del Estado" en los examenes de maestros, sobre todo si
sonde servicio civil? No solo los maestros constituyen la base de nuestro
sistema de enseanza publica, sino que incluso tienen mas envergadura
nacional porque se cuentan por miles, formando la clase mas numerosa de
nuestros servidores publicos. Sin embargo, en opinion de la mayoria los
maestros no tienen suficiente calibre como los abogados para que se
extienda aplicable a ellos la frase "interes del Estado" usada en la referida
ley de Republica No. 53. Este no es mas que uno de los absurdos a que
conduce la arbitrariedad de la norma adoptada por la mayoria en su
decision.
Analizare ahora el argumento aquiles de la mayoria. Se dice que el interes
del Estado se halla envuelto en el presente caso porque de por medio anda
el prestigio, el buen nombre de esta Corte Suprema en virtud de las
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vs. ATTY.
ALFREDO
DECISION
PER CURIAM:
Before this Court is a Petition for Disbarment filed by Carmelita I. Zaguirre
against Atty. Alfredo Castillo on the ground of Gross Immoral Conduct.
The facts as borne by the records are as follows:
Complainant and respondent met sometime in 1996 when the two
became officemates at the National Bureau of Investigation (NBI).
[1]
Respondent courted complainant and promised to marry her while
representing himself to be single.[2] Soon they had an intimate relationship
that started sometime in 1996 and lasted until 1997. [3] During their affair,
respondent was preparing for the bar examinations which he passed. On May
10, 1997, he was admitted as a member of the Philippine Bar. [4] It was only
around the first week of May 1997 that complainant first learned that
respondent was already married when his wife went to her office and
confronted her about her relationship with respondent. [5] On September 10,
1997, respondent, who by now is a lawyer, executed an affidavit, admitting
his relationship with the complainant and recognizing the unborn child she
was carrying as his.[6] On December 09, 1997, complainant gave birth to a
baby girl, Aletha Jessa.[7] By this time however, respondent had started to
refuse recognizing the child and giving her any form of support.[8]
Respondent claims that: he never courted the complainant; what
transpired between them was nothing but mutual lust and desire; he never
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represented himself as single since it was known in the NBI that he was
already married and with children; [9] complainant is almost 10 years older
than him and knew beforehand that he is already married; [10] the child borne
by complainant is not his, because the complainant was seeing other men at
the time they were having an affair. [11] He admits that he signed the affidavit
dated September 10, 1997 but explains that he only did so to save
complainant from embarrassment. Also, he did not know at the time that
complainant was seeing other men.[12]
After due hearing, the IBP Commission on Bar Discipline found Atty.
Alfredo Castillo guilty of gross immoral conduct and recommends that he be
meted the penalty of indefinite suspension from the practice of law.
The Court agrees with the findings and recommendation of the IBP.
The Code of Professional Responsibility provides:
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
xxx
xxx
xxx
CANON 7 - A lawyer shall at all times uphold the integrity and dignity of the
legal profession, and support the activities of the Integrated
Bar.
xxx
xxx
xxx
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on
his fitness to practice law, nor should he, whether in public or private life,
behave in a scandalous manner to the discredit of the legal profession.
Immoral conduct has been defined as:
xxx that conduct which is so willful, flagrant, or shameless as to show
indifference to the opinion of good and respectable members of the
community. Furthermore, such conduct must not only be immoral,
but grosslyimmoral. That is, it must be so corrupt as to constitute a criminal
act or so unprincipled as to be reprehensible to a high degree or committed
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investigation, the penalty of suspension from office for a period of six months
without pay was meted by this Court upon respondent.[5]
Despite this penalty, respondent still continued to cohabit with Elena,
giving rise to another charge of immorality and other administrative cases,
such as conduct unbecoming an officer of the court, and grossly immoral
conduct. These cases were consolidated and after investigation, this Court
ordered his dismissal and separation from the service.[6]
But his dismissal as a judge did not impel respondent to mend his
ways. He continued living with Elena, which resulted in the birth on
September 20, 1989, of their second child named Laella Pea
Tapucar. Moreover, he completely abandoned complainant and his children
by her.
Respondent later moved from Nasipit, Agusan del Norte back to Antipolo,
Rizal, bringing along Elena and their two children. And on March 5, 1992,
respondent contracted marriage with Elena in a ceremony solemnized by
Metropolitan Trial Court Judge Isagani A. Geronimo of Antipolo, Rizal. This
was done while the respondents marriage to complainant subsists, as
nothing on record shows the dissolution thereof.
Complainant, in the meanwhile, had migrated to United States of America
upon her retirement from the government service in 1990. However, her
children, who remained in Antipolo, kept her posted of the misery they
allegedly suffered because of their fathers acts, including deception and
intrigues against them. Thus, despite having previously withdrawn a similar
case which she filed in 1976, complainant was forced to file the present
petition for disbarment under the compulsion of the material impulse to
shield and protect her children from the despotic and cruel acts of their own
father. Complainant secured the assistance of her eldest daughter, Atty. Ma.
Susana Tapucar-Baua, to represent her in this case.
Consistent with Section 20, Rule 139-B of the Rules of Court, the matter
was referred to the Commission on Bar Discipline of the Integrated Bar of the
Philippines for investigation, report and recommendation. After conducting a
thorough investigation, the Commission through Commissioner Victor C.
Fernandez recommended that respondent be disbarred, and his name be
stricken off the roll of attorneys. Mainly, this was premised on the ground
that, notwithstanding sanctions previously imposed upon him by the
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Honorable Supreme Court, respondent continued the illicit liaison with Elena.
[7]
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A lawyer is expected at all times to uphold the integrity and dignity of the
legal profession by faithfully performing his duties to society, to the bar, to
the courts and to his clients. [16] Exacted from him, as a member of the
profession charged with the responsibility to stand as a shield in the defense
of what is right, are such positive qualities of decency, truthfulness and
responsibility that have been compendiously described as moral character.
To achieve such end, every lawyer needs to strive at all times to honor and
maintain the dignity of his profession, and thus improve not only the public
regard for the Bar but also the administration of justice.
On these considerations, the Court may disbar or suspend a lawyer for
misconduct, whether in his professional or private capacity, which shows him
to be wanting in moral character, in honesty, probity, and good demeanor,
thus proving unworthy to continue as an officer of the court.[17]
The power to disbar, however, is one to be exercised with great caution,
and only in a clear case of misconduct which seriously affects the standing
and character of the lawyer as an officer of the Court of and member of the
bar.[18] For disbarment proceedings are intended to afford the parties thereto
full opportunity to vindicate their cause before disciplinary action is taken, to
assure the general public that those who are tasked with the duty of
administering justice are competent, honorable, trustworthy men and women
in whom the Courts and the clients may repose full confidence.
In the case of Obusan vs. Obusan, Jr., [19] a complaint for disbarment was
filed against a member of the bar by his wife. She was able to prove that he
had abandoned his wife and their son; and that he had adulterous relations
with a married but separated woman. Respondent was not able to overcome
the evidence presented by his wife that he was guilty of grossly immoral
conduct. In another case,[20] a lawyer was disbarred when he abandoned his
lawful wife and cohabited with another woman who had borne him a
child. The Court held that respondent failed to maintain the highest degree
of morality expected and required of a member of a bar.
In the present case, the record shows that despite previous sanctions
imposed upon by this Court, respondent continued his illicit liaison with a
woman other than lawfully-wedded wife. The report of the Commissioner
assigned to investigate thoroughly the complaint found respondent far from
contrite; on the contrary, he exhibited a cavalier attitude, even arrogance; in
the face of charges against him. The IBP Board of Governors, tasked to
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