Case Digest (A.C. No. 8920)
Facts:
In the case of Judge Rene B. Baculi v. Atty. Melchor A. Battung (A.C. No. 8920, September 28, 2011), the complainant, Judge Rene B. Baculi, Presiding Judge of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City, filed a disbarment complaint with the Commission on Discipline of the Integrated Bar of the Philippines (IBP) against the respondent, Atty. Melchor A. Battung, a member of the Bar with postal address in Tuguegarao City. The complaint alleged violations of Canons 11 and 12 of the Code of Professional Responsibility. The charges stemmed from an incident on July 24, 2008, during the hearing of a motion for reconsideration in Civil Case No. 2502, when the respondent loudly argued, shouted at the judge despite warnings, and was subsequently cited for direct contempt with a fine of P100.00. The respondent left but later reentered the courtroom and verbally threatened Judge Baculi, leading to a second direct contempt citation and forcible removal. The respondent persCase Digest (A.C. No. 8920)
Facts:
- Parties Involved
- Complainant: Judge Rene B. Baculi, Presiding Judge of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City.
- Respondent: Atty. Melchor A. Battung, a member of the Philippine Bar with postal address at Aguinaldo St., Tuguegarao City.
- Background and Complaint
- Judge Baculi filed a complaint for disbarment before the IBP Commission on Discipline against Atty. Battung, alleging violations of Canons 11 and 12 of the Code of Professional Responsibility.
- The complaint centered on two key allegations:
- Violation of Canon 11: Disrespectful conduct during a court hearing.
- Violation of Canon 12: Filing dilatory pleadings and misuse of judicial processes to delay justice.
- Details of Canon 11 Violation
- On July 24, 2008, during the hearing on the motion for reconsideration of Civil Case No. 2502, Atty. Battung shouted while arguing, despite Judge Baculi's request to tone down his voice.
- When warned of citation for direct contempt, Battung challenged the court to cite him.
- He was cited for contempt and fined P100.00.
- After leaving, he re-entered and shouted threats of filing "gross ignorance" against Judge Baculi, culminating in ordered ejection and second contempt citation.
- In the courthouse hallway, Battung continued threatening and challenging Judge Baculi to a fight; court staff escorted him out.
- Battung also reportedly punched a table at the Office of the Clerk of Court following the courtroom incident.
- Details of Canon 12 Violation
- Atty. Battung was accused of filing dilatory pleadings in Civil Case No. 2640, an ejectment case.
- Despite a final and executory decision dated December 14, 2007, Battung filed a motion to quash the writ of execution on the ground of lack of jurisdiction—a claim Judge Baculi deemed baseless as First Level Courts had jurisdiction over ejectment cases.
- Judge Baculi argued that Battung's actions delayed the administration of justice.
- Respondent's Defense
- Filed an Answer denying the charges and claiming that Judge Baculi disrespected him first.
- Alleged that the judge wanted to humiliate him publicly during proceedings.
- Explained that he shouted in reaction to the judge's provocations.
- Requested dismissal of the complaint.
- Investigation by IBP
- Commissioner Jose de la Rama, Jr. conducted the investigation, reviewing pleadings, affidavits of witnesses, stenographic notes, and audio tape from the July 24, 2008 hearing.
- Findings:
- The respondent was observed to be calm initially, but later shouted first at the presiding judge.
- Both parties ended up shouting at each other.
- Witnesses confirmed that Atty. Battung shouted first.
- After the first contempt citation, the respondent left but re-entered and disrupted court proceedings.
- Commissioner found Battung violated Canon 11, Rule 11.03:
- Requirement to observe and maintain respect due the courts and abstain from scandalous, offensive, or menacing behavior.
- The claim of provocation was not accepted as a justification.
- Regarding Canon 12 charges, evidence insufficient to prove misuse of judicial processes.
- Recommended a six-month suspension.
- IBP Board of Governors' Resolution
- Adopted the Commissioner's Report and Recommendation.
- Modified the penalty to a reprimand instead of suspension.
- Supreme Court Review
- Supreme Court agreed that Battung violated Rule 11.03, Canon 11, Code of Professional Responsibility.
- Noted that the respondent publicly disrespected and threatened Judge Baculi repeatedly during judicial proceedings.
- Emphasized the duty of lawyers to uphold court dignity.
Issues:
- Whether or not Atty. Melchor A. Battung violated Rule 11.03, Canon 11 of the Code of Professional Responsibility by disrespecting the court and a judicial officer through shouting and threatening conduct in the courtroom.
- Whether or not Atty. Battung violated Canon 12 of the Code of Professional Responsibility by filing dilatory pleadings to delay justice.
- The appropriate penalty for any proven violations of the Code of Professional Responsibility.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)