Case Digest (G.R. No. 76562)
Facts:
Roger B. Patricio v. Hon. Enrique P. Suplico, G.R. No. 76562, April 22, 1991, the Supreme Court First Division, Narvasa, J., writing for the Court.
In November 1986 twenty (20) active lawyers in Capiz Province addressed a petition dated November 4, 1986 to the President, the Chief Justice and the Minister of Justice urging acceptance of the resignation or the immediate removal of Judge Enrique P. Suplico, alleging inadequate legal competence, solicitation and receipt of consideration in matters before him, interference in other judges' cases, and a generally unsavory reputation. Among the signatories was Atty. Roger B. Patricio.
On November 11, 1986 Atty. Patricio filed in Judge Suplico’s sala a consolidated Urgent Motion for Inhibition in reference to seventeen (17) civil and criminal actions and special proceedings in which he was counsel, attaching a copy of the November 4 petition and asserting that the petition had or would generate personal prejudice in the judge against the movant and his clients.
By Order dated November 20, 1986 Judge Suplico reproduced the petition, denied the motion for inhibition, characterized the filings as contemptuous, summarily declared the motions a direct contempt, adjudged Atty. Patricio guilty beyond reasonable doubt of direct contempt, and sentenced him to a fine of P500 and imprisonment of three months for each of the 17 cases (aggregate fines P8,500; aggregate imprisonment 51 months), fixed bail at P5,000 for each case (aggregate P85,000), struck the motions from the records, recommended disbarment or disciplinary action, and directed immediate service.
Atty. Patricio filed a petition for certiorari in the Supreme Court on November 27, 1986 seeking nullification of the November 20 order and injunctive relief; he reiterated a plea for TRO on December 5, 1986. The Court issued a temporary restraining order (TRO) on December 8, 1986 enjoining enforcement of the November 20, 1986 order. Separately, other signatories filed a prohibition action (G.R. No. 76600) seeking to enjoin Judge Suplico from acting; the Court issued the requested TRO and consolidated G.R. No. 76562 and G.R. No. 76600. Judge Suplico filed comments.
The President later accepted Judge Suplico’s resignation (communicated via the Court Administrator on February 3, 1987). By resolution dated May 25, 1987 the Court held that the acceptance of the resignation rendered moot the question of enjoining the judg...(Subscriber-Only)
Issues:
- Did Atty. Patricio’s urgent motion for inhibition together with the attached petition to the President, Chief Justice and Minister of Justice constitute direct contempt in the presence of the court?
- If not direct contempt, was the Order of contempt dated November 20, 1986 valid — specifically, were the penalties, bail and procedural treatment im...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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