A.C. No. 8067 - Philippine National Bank vs. Atty. Henry S. Oaminal

Philippine National Bank (PNB) filed a complaint against Atty. Henry S. Oaminal for six counts of violation of Batas Pambansa Blg. 22 and six counts of estafa.
After preliminary investigation, six informations for violation of Batas Pambansa Blg. 22 were filed against Atty. Oaminal before the Municipal Trial Court of Ozamis City.
Atty. Oaminal and his wife filed a case against PNB for accounting, annulment of real estate mortgage with damages, and a writ of preliminary injunction.
PNB filed two informations for perjury against Atty. Oaminal in response, resulting in eight criminal cases raffled to different courts.

Atty. Oaminal moved for the inhibition of judges handling his cases; two judges granted the motions.
All eight cases were raffled to Judge Rico A. Tan (Judge Tan).
Atty. Oaminal moved for Judge Tan's inhibition on grounds of a pending administrative case for gross ignorance of the law and manifest bias, which was denied on July 28, 2008.

Judge Tan issued a warrant of arrest for Atty. Oaminal due to failure to appear at arraignment.
At the motion hearing, Atty. Oaminal appeared with Clarin Mayor David Navarro (his wife's nephew) and the mayor's five armed bodyguards.
The bodyguards refused to deposit firearms and positioned themselves visibly inside the courtroom, within Judge Tan's line of vision.
Judge Tan felt great stress and intimidation from the presence of armed men, noting the atmosphere was "drastically changed" and dangerous to his health.

On August 5, 2008, Judge Tan set aside the arrest warrant and canceled it but voluntarily inhibited himself from hearing the eight cases, citing health and intimidation.
Judge Tan recommended transferring venue of cases, preferably to Manila, noting harassment and constructive threats against judges.
On August 7, 2008, Judge Tan wrote to the Supreme Court Administrator to explain his inhibition and reiterated venue transfer recommendation.
The Supreme Court later granted venue transfer to Quezon City in August 2009.

PNB filed a Verified Complaint for Disbarment against Atty. Oaminal for violating Canon 11 and Rule 11.03 due to menacing behavior in court.
Atty. Oaminal denied the allegations, claiming Mayor Navarro's attendance was unplanned and coincidental.
He claimed the bodyguards only protected the mayor and did not perform any overt threatening acts.
Atty. Oaminal asserted Judge Tan allowed their presence and that any intimidation was imaginary.

The Integrated Bar of the Philippines (IBP) Commission on Bar Discipline found Judge Tan's narration credible and found Atty. Oaminal in breach of duties.
The Commission recommended a one-year suspension, but the IBP Board of Governors modified the penalty to admonition.
Upon motion for reconsideration, the Board of Governors dismissed the complaint in 2015, later explaining in 2016 their decision citing insufficient evidence to establish responsibility.

The Supreme Court assessed the totality of circumstances, including familial relations, prior motions, and the intimidating effect on Judge Tan.
The Court emphasized the lawyer's accountability for acts resulting in intimidation, including the presence of armed men and a local public official.
The Court referenced Canon 11's duty to respect courts and ensure respect from others.

Whether Atty. Henry S. Oaminal violated Canon 11 and Rule 11.03 of the Code of Professional Responsibility by engaging in menacing behavior before the court.
Whether the evidence presented establishes Atty. Oaminal's responsibility for the presence of armed men and Mayor Navarro, and the resulting intimidation of Judge Tan.
Whether the disciplinary sanction imposed by the Integrated Bar of the Philippines Board of Governors is appropriate.