In The Matter Of Proceeding For Disciplinary Action Against ATTY.

Vicente Raul Almacen in

L-27654, Antonio H. Calero vs. Virginia Y. Yaptinchay

G.R. No. L-27654 February 17, 1970

CASTRO, J:

FACTS: Atty. Almacen was the counsel of one Virginia Yaptinchay in a civil case. They lost in
said civil case but Almacen filed a Motion for Reconsideration. He notified the opposing party of
said motion but he failed to indicate the time and place of hearing of said motion. Hence, his
motion was denied. He then appealed but the Court of Appeals denied his appeal as it agreed
with the trial court with regard to the motion for reconsideration. Eventually, Almacen filed an
appeal on certiorari before the Supreme Court which outrightly denied his appeal in a minute
resolution.

This earned the ire of Almacen who called such minute resolutions as unconstitutional. He then
filed before the Supreme Court a petition to surrender his lawyers certificate of title as he
claimed that it is useless to continue practicing his profession when members of the high court
are men who are calloused to pleas for justice, who ignore without reasons their own applicable
decisions and commit culpable violations of the Constitution with impunity. He further alleged
that due to the minute resolution, his client was made to pay P120k without knowing the reasons
why and that he became one of the sacrificial victims before the altar of hypocrisy. He also
stated that justice as administered by the present members of the Supreme Court is not only
blind, but also deaf and dumb.

The Supreme Court did not immediately act on Almacens petition as the Court wanted to wait
for Almacen to ctually surrender his certificate. Almacen did not surrender his lawyers
certificate though as he now argues that he chose not to. Almacen then asked that he may be
permitted to give reasons and cause why no disciplinary action should be taken against him . . .
in an open and public hearing. He said he preferred this considering that the Supreme Court is
the complainant, prosecutor and Judge. Almacen was however unapologetic.

ISSUE: Whether or not Almacen should be disciplined.

HELD: Yes. The Supreme Court first clarified that minute resolutions are needed because the
Supreme Court cannot accept every case or write full opinion for every petition they reject
otherwise the High Court would be unable to effectively carry out its constitutional duties. The
proper role of the Supreme Court is to decide only those cases which present questions whose
resolutions will have immediate importance beyond the particular facts and parties involved. It
should be remembered that a petition to review the decision of the Court of Appeals is not a
matter of right, but of sound judicial discretion; and so there is no need to fully explain the
courts denial. For one thing, the facts and the law are already mentioned in the Court of
Appeals opinion.
On Almacens attack against the Supreme Court, the High Court regarded said criticisms as
uncalled for; that such is insolent, contemptuous, grossly disrespectful and derogatory. It is true
that a lawyer, both as an officer of the court and as a citizen, has the right to criticize in properly
respectful terms and through legitimate channels the acts of courts and judges. His right as a
citizen to criticize the decisions of the courts in a fair and respectful manner, and the
independence of the bar, as well as of the judiciary, has always been encouraged by the courts.
But it is the cardinal condition of all such criticism that it shall be bona fide, and shall not spill
over the walls of decency and propriety. Intemperate and unfair criticism is a gross violation of
the duty of respect to courts.

In the case at bar, Almacens criticism is misplaced. As a veteran lawyer, he should have known
that a motion for reconsideration which failed to notify the opposing party of the time and place
of trial is a mere scrap of paper and will not be entertained by the court. He has only himself to
blame and he is the reason why his client lost. Almacen was suspended indefinitely.