Thursday, February 23, 2012

Paragas vs. Cruz

Facts: In asking for reconsideration of the Court’s dismissal of his petition for certiorari in the present case, counsel for the petitioner, Atty. Jeremias Sebastian, used derogatory expressions against the dignity of the Court in the language of his motion for reconsideration. 

Issue: Whether or not Atty. Sebastian is administratively liable for his actions/language. 

Held: The expressions contained in the motion for reconsideration penned by the counsel of the petitioner are plainly contemptuous and disrespectful and he is hereby guilty of direct contempt of court. 

As remarked in People vs. Carillo: “Counsel should conduct himself towards the judges who try his cases with that courtesy all have a right to expect. As an officer of the court, it is his sworn and moral duty to help build and not destroy unnecessarily that high esteem and regard towards the courts so essential to the proper administration of justice. 

It is right and plausible that an attorney, in defending the cause and rights of his client, should do so with all the fervor and energy of which he is capable, but it is not, and never will be so, for him to exercise said right by resorting to intimidation or proceeding without the propriety and respect which the dignity of the courts require.”

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Paragas vs. Cruz"

Post a Comment