Title
Batac, Jr. vs. Cruz, Jr.
Case
A.C. No. 5809
Decision Date
Feb 23, 2004
Atty. Cruz repeatedly ignored SEC subpoenas, provided false excuses, and delayed proceedings, violating professional ethics, leading to a six-month suspension.
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Case Digest (A.C. No. 5809)

Facts:

Background of the Case

  • Complainants Servillano Batac, Jr. and Antonio Bonoan filed a verified complaint-affidavit on April 15, 1999, before the Commission on Bar Discipline of the Integrated Bar of the Philippines (IBP-CBD), seeking disciplinary action against Atty. Ponciano Cruz, Jr. (respondent).
  • The complaint arose from a pending case before the Securities and Exchange Commission (SEC), docketed as SEC Case No. 07-97-5706, where complainants were petitioners and respondent was one of the respondents.

Subpoenas and Respondent's Absences

  • The SEC Hearing Panel issued multiple subpoenas to respondent to testify as an adverse party witness in the SEC case. Respondent repeatedly failed to attend the hearings, citing various reasons:
    1. February 19, 1998 Hearing: Respondent claimed he had to attend a preliminary investigation in another case.
    2. April 22 and 29, 1998 Hearings: Respondent stated he had to attend hearings in other cases and travel to Benguet.
    3. June 10 and 17, 1998 Hearings: Respondent claimed he was attending a Rotary International Convention in the USA.
    4. July 21 and 28, 1998 Hearings: Respondent cited his appointment as Commissioner of the National Telecommunications Commission and meetings with government officials.
    5. October 28 and 29, 1998 Hearings: Respondent’s counsel claimed he was instructed by President Estrada to attend an international telecommunications meeting in the USA. However, it was later revealed that respondent did not actually travel abroad.
    6. March 4, 1999 Hearing: Respondent claimed he had to attend a hearing in Cebu, but the court certification showed no hearing was scheduled on that date.

Respondent's Justifications

  • Respondent argued that his absences were due to valid reasons, including conflicting schedules, official duties, and unforeseen events. He also claimed that his superiors had initially approved his travel to the USA, but the decision was later reversed.

Contempt Proceedings

  • Complainants filed a motion to cite respondent and his counsel for indirect contempt before the SEC. Respondent countered that his explanations were valid and that he had no intention to disregard the SEC’s orders.

IBP-CBD Investigation

  • The IBP-CBD found that respondent failed to cooperate with the SEC Hearing Panel, delaying the proceedings. The Investigating Commissioner noted that respondent’s repeated absences and last-minute excuses demonstrated a lack of respect for the judicial process.

Issue:

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Ruling:

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Ratio:

  1. Duty to Cooperate with Judicial Processes: Lawyers have a duty to assist in the speedy and efficient administration of justice. Respondent’s repeated absences and failure to comply with subpoenas violated this duty.
  2. Honesty and Integrity: Lawyers must be truthful in their dealings with the courts. Respondent’s dishonest excuses for his absences constituted a breach of his ethical obligations.
  3. Respect for Legal Orders: Lawyers are bound to obey lawful orders of duly constituted authorities. Respondent’s disregard for the SEC’s subpoenas and orders demonstrated a lack of respect for the judicial process.
  4. Disciplinary Action: The Court emphasized that disciplinary proceedings against lawyers are sui generis, aimed at preserving the integrity of the legal profession. Respondent’s conduct warranted suspension to uphold the standards of the profession.


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