Title
Supreme Court
Bantolo vs. Castillon Jr.
Case
A.C. No. 6589
Decision Date
Dec 19, 2005
Atty. Castillon suspended for one month for gross misconduct, including disobeying court orders and disrespecting judicial processes, with a warning for future violations.

Case Summary (G.R. No. L-5701)

Complaint Details and Allegations

Epifania Q. Bantolo filed a letter-complaint to the Integrated Bar of the Philippines (IBP) against Atty. Egmedio B. Castillon, Jr., accusing him of various violations of the lawyer's oath and professional conduct defined by Section 20 of Rule 138 of the Rules of Court. The allegations included: (i) promoting or aiding groundless and unlawful suits; (ii) delaying just execution of a court mandate; (iii) showing disrespect to the Regional Trial Court by disobeying its orders; and (iv) using unlawful means to achieve personal ends.

Background of the Legal Dispute

The underlying dispute involved a parcel of land in Valderrama, Antique, where the trial court handed a favorable judgment to Bantolo and her co-plaintiffs, consequently issuing a writ of execution for the ejection of the defendants from the property. Despite this, Atty. Castillon and his co-defendants disregarded this order and harvested crops from the disputed land, leading the plaintiffs to motion for contempt against them.

Court Findings on Contempt

On January 25, 1991, the trial court found Atty. Castillon and his co-defendants guilty of indirect contempt, imposing a month of imprisonment along with a fine. This penalty was later modified by the Court of Appeals on July 26, 1994, replacing the imprisonment with a fine of P1,000 each.

Respondent’s Defense and Proceedings

Atty. Castillon denied all allegations in his answer dated March 2, 1998, characterizing the complaint as harassment. Although hearings were scheduled, they encountered delays due to the complainant's unavailability and the respondent's failure to maintain communication about his office address, resulting in his waiver to present evidence.

Investigation Report and Recommendations

The report issued by the investigating commissioner found deficiencies in the complainant's proof regarding the wrongful actions attributed to the respondent's defense strategies. However, it concluded that Atty. Castillon’s behavior constituted a breach of his obligations as a lawyer, particularly in light of his contemptuous acts previously established by the trial and appellate courts.

Disciplinary Sanctions and Rationale

Acknowledging the concurrent powers to discipline attorneys and cite them for contempt as illustrated in Zaldiar v. The Honorable Sandiganbayan, the IBP recommended a penalty of one month’s suspension for Atty. Castillon, rather than disbarment. The grounds included his emotional connection to the property involved in the dispute, as well as his attempts to mislead the Commission regarding the status of the contempt charges against him.

Final Disciplinary Action Taken

On July 30, 2004, the IBP adopted the investigating comm

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