Case Digest (A.C. No. 7474)
Facts:
In A.C. No. 7474, decided September 9, 2014 under the 1987 Constitution, Presiding Judge Jose L. Madrid of the Regional Trial Court, Branch 51, Sorsogon City, filed a disbarment complaint against Atty. Juan S. Dealca for gross misconduct and gross violation of the Code of Professional Responsibility. On February 7, 2007, Dealca entered his appearance in Criminal Case No. 2006-6795, People v. Arsenault, replacing former counsel and simultaneously moving to have the case re-raffled to another branch on account of “adverse incidents” between him and Judge Madrid. By order dated February 14, 2007, Judge Madrid denied the motion as an unethical attempt to harass the court, citing Dealca’s history of filing frivolous administrative and criminal actions against judges and court personnel. Judge Madrid then lodged an administrative complaint with the Office of the Bar Confidant. After preliminary action by the Supreme Court and investigation by the Integrated Bar of the Philippines (IBPCase Digest (A.C. No. 7474)
Facts:
- Parties and Background
- Complainant: Hon. Jose L. Madrid, Presiding Judge, Regional Trial Court (RTC) Branch 51, Sorsogon City.
- Respondent: Atty. Juan S. Dealca, private law practitioner.
- Antecedent Proceedings
- On February 7, 2007, Atty. Dealca entered his appearance for the accused in Criminal Case No. 2006-6795 and filed a motion to re-raffle and inhibit Judge Madrid, alleging “adverse incidents” and prior administrative/criminal suits he filed against the judge and court personnel.
- Judge Madrid denied the motion on February 14, 2007, branding it a “first-order unethical practice,” and also denied Dealca’s substitution and withdrawal motions.
- Judge Madrid filed a letter complaint with the Office of the Bar Confidant on Dealca’s alleged gross misconduct under the Code of Professional Responsibility.
- On April 10, 2007, the Supreme Court treated the letter as a regular administrative complaint and required Dealca’s comment. Dealca counter-complained, accusing Judge Madrid of bias and due-process violations.
- On July 17, 2007, the Court referred the matter to the Integrated Bar of the Philippines (IBP) and indorsed records from a related case (Yap v. Judge Madrid).
- The IBP-Sorsogon Chapter recommended a six-month suspension for Dealca’s “propensity” to file harassment cases whenever rulings were adverse.
- IBP Commissioner Hababag upgraded the recommendation to a one-year suspension. The IBP Board of Governors, however, dismissed the administrative complaint for lack of merit (Resolution No. XVIII-2008-41) and later denied Judge Madrid’s motion for reconsideration (Resolution No. XX-2012-545).
Issues:
- Frivolous Complaints
- Did Atty. Dealca file groundless administrative and criminal complaints against judges and court personnel in violation of his Lawyer’s Oath and the Code of Professional Responsibility?
- Unethical Inhibition Motion
- Was Atty. Dealca’s motion to inhibit Judge Madrid in Criminal Case No. 2006-6795 devoid of factual or legal basis and thus an unethical practice?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)