G.R. No. 228610 - Tadena vs. People

Petitioner: Enrique A. Zaldivar, private individual.
Respondent: Hon. Raul M. Gonzalez, claiming to be and acting as Tanodbayan-Ombudsman under the 1987 Constitution.
Respondent is also a member of the Bar and was found to have engaged in contumacious conduct against the Supreme Court.

On 2 May 1988, the Supreme Court issued a per curiam Resolution directing respondent to explain why he should not be punished for contempt of court and/or subjected to administrative sanctions, affording him full opportunity to present defenses.
On 7 October 1988, the Court rendered an extended per curiam Resolution, finding respondent guilty of contempt in facie curiae and gross misconduct, and imposing indefinite suspension from the practice of law.
On 18 October 1988, respondent filed a Motion for Reconsideration raising Ten Legal Points for Reconsideration, including challenges to the characterization of contempt, applicable rules, standards of free speech, intent relevance, jurisdiction over out-of-court publications, and severity of suspension.

Whether the Court erred in treating respondent’s acts as direct contempt (in facie curiae) rather than indirect contempt.
Whether due process was observed in affording respondent the opportunity to be heard.

Whether the Court misapplied Rule 139(b) of the Revised Rules of Court instead of another provision.
Whether referral to the Integrated Bar of the Philippines or Solicitor General was mandatory or exclusive.

Whether the Court erred by applying a “visible tendency” test under Rule 71 instead of the “clear and present danger” doctrine.
Whether respondent’s statements fell within permissible exercise of freedom of speech.

Whether intent is irrelevant in misconduct proceedings.
Whether contempt jurisdiction extends to out-of-court publications.
Whether indefinite suspension constitutes cruel, degrading, or inhuman punishment.