CASE DIGEST: Bugarin vs. Espanol

 


[ GR No. 133090, Jan 19, 2001 ]
REXIE EFREN A. BUGARING v. DOLORES S. ESPAÑOL

 

FACTS:

The incident subject of the petition occurred during a hearing entitled "Royal Becthel Builders, Inc. vs. Spouses Luis Alvaran and Beatriz Alvaran, et al.", for Annulment of Sale and Certificates of Title, Specific Performance and Damages with Prayer for Preliminary Injunction and/or Temporary Restraining Order in the sala of respondent judge Dolores S. Español of the RTC of Cavite, Branch 90.

During the hearing of this case, plaintiffs and counsel were present together with one (1) operating a video camera who was taking pictures of the proceedings of the case while counsel, Atty. Rexie Efren Bugaring was making manifestation to the effect that he was ready to mark his documentary evidence pursuant to his Motion to cite (in contempt of court) the Deputy Register of Deeds of Cavite, Diosdado Concepcion.

The Court called the attention of said counsel who explained that he did not cause the appearance of the cameraman to take pictures, however, he admitted that they came from a function, and that was the reason why the said cameraman was in tow with him and the plaintiffs. Notwithstanding the flimsy explanation given, the counsel sent out the cameraman after the Court took exception to the fact that although the proceedings are open to the public and that it being a court of record, and since its permission was not sought, such situation was an abuse of discretion of the Court.

When the respondent, Deputy Register of Deeds Concepcion manifested that he needed the services of counsel and right then and there appointed Atty. Elpidio Barzaga to represent him, the case was allowed to be called again. On the second call, Atty. Bugaring started to insist that he be allowed to mark and present his documentary evidence in spite of the fact that Atty. Barzaga was still manifesting that he be allowed to submit a written pleading for his client, considering that the Motion has so many ramifications and the issues are complicated.

At this point, Atty. Bugaring was insisting that he be allowed to mark his documentary evidence and was raring to argue as in fact he was already perorating despite the fact that Atty. Barzaga has not yet finished with his manifestation. As Atty. Bugaring appears to disregard orderly procedure, the Court directed him to listen and wait for the ruling of the Court for an orderly proceeding.

While claiming that he was listening, he would speak up anytime he felt like doing so. Thus, the Court declared him out of order, at which point, Atty. Bugaring flared up and uttered words insulting the Court; such as: `that he knows better than the latter as he has won all his cases of certiorari in the appellate Courts, that he knows better the Rules of Court; that he was going to move for the inhibition of the Presiding Judge for allegedly being antagonistic to his client,' and other invectives were hurled to the discredit of the Court.

Thus, in open court, Atty. Bugaring was declared in direct contempt and order the Court's sheriff to arrest and place him under detention.

ISSUE:

WON Atty. Bugaring should be cited for contempt of court

RULING:

Petitioner insists that a careful examination of the transcript of stenographic notes of the subject proceedings would reveal that the contempt order issued by respondent judge had no factual and legal basis. It would also show that he was polite and respectful towards the court as he always addressed the court with the phrase "your honor please."

We disagree.

We agree with the statement of the Court of Appeals that petitioner's alleged deference to the trial court in consistently addressing the respondent judge as "your Honor please" throughout the proceedings is belied by his behavior therein:

1.       the veiled threat to file a petition for certiorari against the trial court  is contrary to Rule 11.03, Canon 11 of the Code of Professional Responsibility which mandates that "a lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts".

2.       the hurled uncalled for accusation that the respondent judge was partial in favor of the other party is against Rule 11.04, Canon 11 of the Code of Professional Responsibility which enjoins lawyers from attributing to a judge "motives not supported by the record or have no materiality to the case".

3.       behaving without due regard to the trial court's order to maintain order in the proceedings is in utter disregard to Canon 1 of the Canons of Professional Ethics which makes it a lawyer's duty to "maintain towards the courts (1) respectful attitude" in order to maintain its importance in the administration of justice, and Canon 11 of the Code of Professional Responsibility which mandates lawyers to "observe and maintain the respect due to the Courts and to judicial officers and should insist on similar conduct by others".

4.       behaving without due regard or deference to his fellow counsel who at the time he was making representations in behalf of the other party, was rudely interrupted by the petitioner and was not allowed to further put a word in edgewise is violative of Canon 8 of the Code of Professional Responsibility and Canon 22 of the Canons of Professional Ethics which obliges a lawyer to conduct himself with courtesy, fairness and candor toward his professional colleagues, and

5.       the refusal of the petitioner to allow the Registrar of Deeds of the Province of Cavite, through counsel, to exercise his right to be heard is against Section 1 of Article III, 1997 Constitution on the right to due process of law, Canon 18 of the Canons of Professional Ethics which mandates a lawyer to always treat an adverse witness "with fairness and due consideration," and Canon 12 of Code of Professional Responsibility which insists on a lawyer to "exert every effort and consider it his duty to assist in the speedy and efficient administration of justice."

The Court cannot therefore help but notice the sarcasm in the petitioner's use of the phrase "your honor please." For, after using said phrase he manifested utter disrespect to the court in his subsequent utterances. Surely this behavior from an officer of the Court cannot and should not be countenanced, if proper decorum is to be observed and maintained during court proceedings.

Indeed, the conduct of petitioner in persisting to have his documentary evidence marked to the extent of interrupting the opposing counsel and the court showed disrespect to said counsel and the court, was defiant of the court's system for an orderly proceeding, and obstructed the administration of justice. Hence, petitioner cannot claim that there was irregularity in the actuation of respondent judge in issuing the contempt order inside her chamber without giving the petitioner the opportunity to defend himself or make an immediate reconsideration.

Petitioner argued that while it might appear that he was carried by his emotions in espousing the case of his client - by persisting to have his documentary evidence marked despite the respondent judge's contrary order - he did so in the honest belief that he was bound to protect the interest of his client to the best of his ability and with utmost diligence.

 


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