Title
IN RE: Borromeo
Case
A.M. No. 93-7-696-0
Decision Date
Feb 21, 1995
Joaquin Borromeo, a non-lawyer, abused the judicial process by filing over 50 baseless, repetitive lawsuits and defaming courts, judges, and adversaries over 16 years, leading to a contempt ruling and sanctions.
A

Case Digest (G.R. No. 172573)

Facts:

  • Background of Respondent
    • Joaquin T. Borromeo is a non-lawyer who, from 1978 to 1995, instituted or spurred at least fifty (50) civil, criminal, administrative and special civil actions in various courts.
    • He conducted most proceedings in propria persona, repeatedly challenging adverse rulings of trial courts, the Court of Appeals, and the Supreme Court.
  • Litigation with Traders Royal Bank (TRB)
    • Loans and securities – In 1978-80, Borromeo obtained three mortgage-secured loans (P45,000; P10,000; P80,000 trust receipt) from TRB, mortgaging lands owned by relatives.
    • Foreclosure and redemption – TRB extrajudicially foreclosed and purchased the properties in 1981. Borromeo sought redemption on his own terms, sparking multiple lawsuits:
      • RTC C-22506 → CA CV-07015 → SC G.R. No. 83306 – civil suit for specific performance and damages (lost right of redemption; final SC denial of relief by repeated resolutions 1988-89).
      • RTC CEB-8750 → CA SP-22356 – second action on same issue (dismissed for res judicata).
      • RTC CEB-9485 → CA SP-28221 – suit against TRB officers, counsel, prosecutors (dismissed for res judicata, lack of cause).
      • RTC CEB-10368 → CA SP-27100 – “Recovery of Sums, Annulment of Title” (dismissed for litis pendentia; CA dismissal).
      • RTC CEB-6452 – annulment suit against new branch manager and counsel (dismissed as premature).
      • RTC CEB-8236 – damages suit naming TRB, its lawyers, and Justices (dismissed).
      • RTC CEB-13069 – repeat suit (dismissed for res judicata/litis pendentia).
    • Criminal and special civil actions –
      • Criminal Case CBU-19344 – violation of Trust Receipts Law (denial of speedy trial denied; CA SP-28275; SC G.R. No. 112928 dismissed).
      • Prosecutor’s Inquests IS 90-1187-88, IS 87-3795, IS 89-4234 – complaints for estafa/falsification (all dismissed).
      • Inquest IS 88-205 to 88-207 – falsified affidavit by TRB officer (dismissed).
      • Ombudsman OMB-VIS-89-00136 – complaint vs. Justices for “unjust” minute resolutions (dismissed).
  • Litigation with United Coconut Planters Bank (UCPB)
    • Loan and pacto de retro – Borromeo mortgaged a commercial lot; sold it to Lao with repurchase option without bank’s consent.
    • Consolidation action – Lao v. Borromeo (RTC R-21009 → CA CV-07396 → SC G.R. No. 82273; consolidation denied; SC affirmed).
    • Injunction/damages – Borromeo v. UCPB, Lao (RTC R-21880 → CA CV-10951 → SC G.R. No. 87897; injunction/damages denied).
    • Annulment of title suits – RTC CEB-4852 → CA SP-14519 → SC G.R. No. 84999 (dismissed for litis pendentia, non-compliance).
    • Additional suits – CEB-8679, CEB-8178 (suits against court officers; quashed/dismissed), CEB-374 (PBCom/Republic Planters Bank transaction; SC G.R. No. 77248 dismissed).
    • Ombudsman complaints – OMB-VIS-89-00181; OMB-VIS-90-00418 (both dismissed).
  • Litigation with Security Bank & Trust Co. (SBTC)
    • Collection – SBTC v. Borromeo (RTC R-21615 → CA CV-20617 → SC G.R. No. 94769; default judgment, SC denied relief).
    • Damages suits – CEB-9267; CEB-10458 (against bank, counsel, Judge Canares, Jacinto; dismissed on demurrer, res judicata, jurisdiction).
  • Administrative and Scurrilous Campaign
    • Administrative Case No. 3433 – Borromeo sought disbarment of counsel for adversaries (IBP Cebu dismissed complaint; warned Borromeo).
    • Defamatory writings – leaflets, open letters impugning courts and justices for issuing “minute resolutions” without signatures, facts or law; widely circulated.
  • Contempt Proceedings Before the SC
    • IBP Cebu Chapter letter (June 21, 1993) urged sanctions against Borromeo for libelous circulars.
    • SC Resolution (July 22, 1993) docketed contempt proceeding; served on Borromeo.
    • Borromeo filed comments (Aug. 27, 1993; Oct. 15, 1993; Nov. 26, 1993) challenging constitutionality of SC minute resolutions, defending his leaflets, demanding verification of libel charges.

Issues:

  • Contempt Liability
    • Whether Borromeo’s repetitive, harassing litigation and defamatory campaign against courts, judges and personnel constitute constructive contempt.
    • Whether warnings and explanations by SC divisions and Buch court officers cured his asserted misunderstandings.
  • Jurisdiction and Review
    • Whether administrative, criminal or civil actions against judges or justices for “unjust judgments” are permissible in lieu of or in addition to appellate remedies.
    • Whether public prosecutors, the Ombudsman or lower courts may review or modify SC or appellate decisions.
  • Judicial Immunity
    • Whether judges and justices are liable for civil, criminal or administrative sanctions for errors of judgment or issuance of minute resolutions without signatures.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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