Case Digest (G.R. No. 133879)
Facts:
On July 11, 2023, in A.M. No. 25-05-05-SC the Court denied the Public Attorney's Office request to delete Section 22, Canon III of the proposed Code of Professional Responsibility and Accountability (CPRA) and directed Atty. Persida V. Rueda-Acosta to show cause; when the Resolution was released, respondent Atty. Erwin P. Erfe posted on Facebook that the Court's action amounted to "judicial tyranny." The Court issued a show cause Resolution dated July 25, 2023; Atty. Erfe filed a Verified Compliance including a Most Humble Apology dated August 24, 2023, deleted the post, and expressed remorse, and the Court, en banc, resolved the matter on February 27, 2024.Issues:
- Should Atty. Erwin P. Erfe be held guilty of indirect contempt for his Facebook post?
- Should Atty. Erwin P. Erfe be disciplined as a member of the Bar for violating the CPRA?
Ruling:
The Court held Atty. Erwin P. Erfe GUILTY of indirect contempt and ordered him to PAY a FINE of PHP 10,000.00. The Court furt Case Digest (G.R. No. 133879)
Facts:
- Background of the controversy
- A.M. No. 25-05-05-SC: The Court issued a Resolution dated July 11, 2023 in the matter Re: Request of the Public Attorney's Office to Delete Section 22, Canon III of the Proposed Code of Professional Responsibility and Accountability, denying the PAO's request to delete Section 22, Canon III.
- Atty. Persida V. Rueda-Acosta: The Court directed the Chief of the Public Attorney's Office to show cause why she should not be cited in indirect contempt and disciplined for public statements and other actions related to the PAO's request.
- Respondent's public reaction and procedural antecedents
- Dissemination: The Court's July 11, 2023 Resolution was announced to the public via a press release.
- Atty. Erwin P. Erfe: Immediately after dissemination, respondent posted on Facebook: "The Supreme Court's threat to cite in contempt the PAO Chief for defending the PAO cannot be called any other name other than judicial tyranny" (the Facebook post).
- Court action: The Court issued a Resolution dated July 25, 2023 directing Atty. Erwin P. Erfe to show cause why he should not be cited in indirect contempt and why he should not be disciplined under the Code of Professional Responsibility and Accountability (CPRA) for alleged violations of Sections 2, 14, and 19, Canon II of the CPRA.
- Respondent's submissions and subsequent filings
- Verified Compliance: Atty. Erwin P. Erfe filed a Verified Compliance that included a Most Humble Apology dated August 24, 2023 (also indicated as dated August 22, 2023). ...(Subscriber-Only)
Issues:
- Primary legal question presented
- Whether Atty. Erwin P. Erfe should be held guilty of indirect contempt for his Facebook post characterizing the Court's action as "judicial tyranny."
- Secondary disciplinary question presented
- Whether Atty. Erwin P. Erfe should be disciplined as a member of the...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)