Case Summary (A.C. No. 8067)
Facts of the Case
The Philippine National Bank filed a verified complaint for disbarment against Atty. Oaminal for alleged violations of Canon 11 and Rule 11.03 of the Code of Professional Responsibility, which pertains to the lawyer's conduct towards the court. Atty. Oaminal faced multiple accusations, including six counts of violating Batas Pambansa Bilang 22 and six counts of estafa. He then countered by filing a case against PNB for accounting and annulment of a mortgage with a request for a preliminary injunction. In response to Atty. Oaminal's actions, PNB accused him of making false statements, leading to two perjury charges against him.
Court Proceedings
After a preliminary investigation, the criminal cases were distributed to several judges. Atty. Oaminal motioned for the inhibition of some judges, which was granted in two instances, ultimately resulting in all cases being assigned to Judge Tan. His further motion for Judge Tan's inhibition due to an administrative case he filed against the judge was denied. Consequently, a warrant for Atty. Oaminal's arrest was issued when he failed to appear at a scheduled arraignment.
Incident in Court
During a motion hearing on August 1, 2008, Atty. Oaminal appeared accompanied by Mayor David Navarro and five armed bodyguards who did not deposit their weapons. This presence of armed men in the courtroom was noted by Judge Tan as significantly altering the atmosphere of the court, which caused him substantial stress, connected to his existing health issues. Following the hearing, Judge Tan acknowledged the intimidating circumstances and recommended transferring the venue of the cases to Manila for safety reasons.
Developments After the Hearing
In the following days, Judge Tan voluntarily inhibited himself from the case citing health concerns and the potential for intimidation from the armed individuals present during the hearing. He communicated to the Court Administrator his concerns regarding the environment he was subjected to, resulting in the Supreme Court later approving the transfer of venue to Quezon City.
Disbarment Complaint
On November 6, 2008, PNB filed a verified complaint seeking Atty. Oaminal's disbarment, citing the intimidating behavior observed during the aforementioned hearing. In his defense, Atty. Oaminal claimed that the attendance of Mayor Navarro was coincidental and that he had no intent to intimidate Judge Tan. He argued that any fear felt by the judge was identifiable as a product of imagination rather than an actual threat.
Findings of the Integrated Bar
In a Report and Recommendation by the Commission on Bar Discipline dated July 18, 2011, Judge Tan's account of events was found credible, concluding that Atty. Oaminal breached his duties as a lawyer. A suspension from practice for one year was recommended, later modified to a mere admonition by the Integrated Bar's Board of Governors after Atty. Oaminal filed a motion for reconsideration.
Supreme Court's Decision
The Supreme Court, however, reassessed the Board of Governors' Extended Resolution that dismissed the initial complaint. The Court emphasized the importanc
...continue readingCase Syllabus (A.C. No. 8067)
Facts of the Case
- Philippine National Bank (PNB) filed a Verified Complaint for Disbarment against Atty. Henry S. Oaminal for menacing behavior in violation of Canon 11 and Rule 11.03 of the Code of Professional Responsibility.
- PNB initially filed complaints against Atty. Oaminal for six counts of violation of Batas Pambansa Big. 22 and six counts of estafa.
- After preliminary investigation, six Informations for violation of Batas Pambansa Big. 22 were filed against Atty. Oaminal before the Municipal Trial Court (MTCC) of Ozamis City.
- Atty. Oaminal and his wife filed a counter case against PNB for accounting, annulment of real estate mortgage with damages, and sought a writ of preliminary injunction.
- PNB filed two Informations for perjury against Atty. Oaminal for alleged false statements.
- Eight criminal cases involving Atty. Oaminal were raffled to different courts and subsequently to Judge Rico A. Tan (Judge Tan).
- Atty. Oaminal moved for the inhibition of judges handling his cases; two judges granted the motions.
- Atty. Oaminal also moved for the inhibition of Judge Tan due to a pending administrative case he filed against the judge, but the motion was denied.
- Judge Tan issued a warrant for Atty. Oaminal’s arrest for failure to appear at scheduled arraignment.
Incident During Court Hearing on August 1, 2008
- At the scheduled motion hearing, Atty. Oaminal appeared with Clarin, Misamis Occidental Mayor David Navarro (a nephew-in-law) and five armed bodyguards.
- Mayor Navarro was not a party to the case and his security refused to deposit their firearms, sitting by the courtroom door within Judge Tan’s line of vision.
- The presence of Mayor Navarro and armed bodyguards drastically altered the courtroom atmosphere and caused Judge Tan significant stress due to his heart condition.
Judicial Proceedings and Judge Tan’s Reaction
- On August 5, 2008, Judge Tan set aside the July 28, 2008 warrant of arrest and canceled it, but noted the intimidating effect caused by the armed presence in court.
- The next day, Judge Tan voluntarily inhibited himself from hearing the eight cases against Atty. Oaminal, citing health reasons and the harassment/threat posed by the incident.
- Judge Tan recommended transfer of venue to Manila due to the prolonged and contentious nature of the cases and the intimidation experienced.
- He sent a letter on August 7, 2008 to the Supreme Court Administrator detailing the harassment and constructive threat to Ozamiz City MTCC judges.
- The Supreme Court granted the transfer of venue of the criminal cases to Qu