A.C. No. 5737 - Cruz vs. Cabrera

Ferdinand A. Cruz filed an administrative complaint dated July 7, 2002 charging Atty. Stanley Cabrera with misconduct in violation of the Code of Professional Responsibility.
Complainant alleged he was a fourth year law student who, since late 2001, instituted several actions against his neighbors and had appeared for himself in those cases.
Respondent acted as counsel for complainant's neighbors in the related litigation.

The hearing occurred before the Regional Trial Court, Branch 112, Pasay City, presided by Judge Caridad Cuerdo.
During the hearing respondent asked whether complainant was a lawyer; the judge remarked that complainant was asking for the judge's inhibition while asking the judge to rule on his appearance.
Respondent then stated that complainant "is misrepresenting himself to be a lawyer," to which complainant replied "I'm not."
Respondent thereafter uttered in a raised voice: "Appear ka ng appear, pumasa ka muna."
Complainant alleged respondent's imputations were malicious, intended to malign and humiliate him publicly, and to threaten him from appearing in cases respondent handled.

In his Comment respondent alleged the complaint was a scheme to dissuade him from representing the Mina family against whom complainant had filed cases.
Respondent maintained his statements were privileged as made during judicial proceedings and cited Navarrete vs. Court of Appeals for the principle of absolute privilege.
Respondent asserted the presiding judge was misled because her order stated "in today's hearing both lawyers appeared," and he sought to correct the judge's impression that complainant was a lawyer.
Respondent disclosed that criminal charges for Oral Defamation and Unjust Vexation (Criminal Cases Nos. 02-1031 and 02-2136) were pending before MTC Branch 45, Pasay City, based on the same utterances.
Respondent claimed prior administrative actions absolved or limited complainant's participation, citing an order of Judge Priscilla Mijares denying complainant's motion to appear as counsel under Rule 138-A Sections 1 and 2.
Respondent also noted a 1979 Supreme Court contempt/admonition decision in A.M. L-585 arising from his past use of contumacious language.

The case was referred to the Integrated Bar of the Philippines (IBP) for investigation.
IBP Commissioner Lydia A. Navarro, in a report dated March 4, 2004, recommended suspension from the practice of law for three months for violating Rule 8.01 of the Code of Professional Responsibility ("A lawyer shall not, in his professional dealings, use language which is abusiv...(Subscriber-Only)

Whether Atty. Stanley Cabrera violated Rule 8.01 of the Code of Professional Responsibility by uttering "Appear ka ng appear, pumasa ka muna" in open court.
Whether respondent's statements in court were privileged communications protected by the doctrine of absolute privilege during judicial proceedings.

Whether the IBP Board of Governors' failure to state facts and reasons as required by Sec. 12, Rule 139-B necessitates remand of the case to th...(Subscriber-Only)