Case Digest (A.C. No. 9923) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In A.C. No. 9923, resolved on October 9, 2019 by the Second Division of the Supreme Court, Atty. Raymund P. Palad filed a petition to cite Atty. Lorna Patajo-Kapunán for indirect contempt of court after she disclosed during a live DZMM Teleradyo interview on May 8, 2013, that he had been suspended from the practice of law. The background involves the Integrated Bar of the Philippines Board of Governors’ December 14, 2012 Resolution in CBD Case No. 09-2498, initiated by Hayden Kho, Jr., recommending a one-year suspension of Palad, pending his motion for reconsideration. On April 23, 2013, Palad learned from news reports that his suspension had been publicly announced despite having no final Supreme Court ruling. He then secured and transcribed Patajo-Kapunán’s televised statement that “the lawyer of Katrina has been suspended by the Supreme Court,” and maintained this disclosure breached the confidentiality rule under Section 18, Rule 139-B of the Rules of Court. In her Comment a... Case Digest (A.C. No. 9923) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of the petition
- On December 14, 2012, the IBP Board of Governors in CBD Case No. 09-2498 recommended the suspension of Atty. Raymund P. Palad from the practice of law; he filed a motion for reconsideration.
- On April 23, 2013, a newspaper article in Pilipino Star Ngayon reported his supposed one-year suspension; petitioner sought an investigation into the premature release of information.
- On May 8, 2013, Atty. Lorna Patajo-Kapunan, during a live DZMM Teleradyo interview, stated that “the lawyer of Katrina has been suspended by the Supreme Court,” allegedly breaching the confidentiality rule in Section 18, Rule 139-B, of the Rules of Court.
- Parties’ submissions
- Petitioner’s allegations: that respondent’s public disclosure constituted indirect contempt for violating the confidentiality of pending disciplinary proceedings; he secured an audio transcript and filed the present petition.
- Respondent’s comment and rejoinders: she claimed no malice, relied on circulating reports and a newspaper article, did not intend to identify petitioner, and was unaware the suspension was still pending; she filed and later had dismissed a grave slander complaint against petitioner.
- Procedural history
- Submission of respective memoranda by petitioner and respondent.
- Elevation of the petition to the Supreme Court’s Second Division for resolution.
Issues:
- Whether Atty. Patajo-Kapunan committed indirect contempt of court by publicly disclosing a pending disciplinary proceeding in violation of Section 18, Rule 139-B of the Rules of Court.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)