Title
Palad vs. Patajo-Kapu
Case
A.C. No. 9923
Decision Date
Oct 9, 2019
Atty. Patajo-Kapunan's public statement on Atty. Palad's alleged suspension, based on media reports, was deemed non-malicious and not contemptuous, as he was a public figure subject to scrutiny.

Case Digest (A.C. No. 9923)
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)

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