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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-1997 Jurisprudence                 

  • G.R. No. 92462 June 2, 1997 - SANTIAGO GOKING v. ROLANDO R. VILLARAZA, ET AL.

  • G.R. No. 97896 June 2, 1997 - TEKNIKA SKILLS & TRADE SERVICES, INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 116748 June 2, 1997 - PEOPLE OF THE PHIL. v. MARJORIE CASTILLO

  • G.R. No. 121434 June 2, 1997 - ELENA F. UICHICO, ET AL. v. NLRC, ET AL.

  • G.R. No. 120880 June 5, 1997 - FERDINAND R. MARCOS II v. COURT OF APPEALS, ET AL.

  • G.R. No. 76969 June 9, 1997 - INLAND REALTY INVESTMENT SERVICE, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89369 June 9, 1997 - PEOPLE OF THE PHIL. v. ROLANDO BERGONIA, ET AL.

  • G.R. No. 107259 June 9, 1997 - RAYMUNDO M. DAPITON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108475 June 9, 1997 - GAMALIEL DINIO, ET AL. v. BIENVENIDO E. LAGUESMA, ET AL.

  • G.R. No. 115944 June 9, 1997 - ELVIRA C. GONZALES v. NLRC, ET AL.

  • G.R. No. 118536 June 9, 1997 - LAWIN SECURITY SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 119362 & 120269 June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA

  • G.R. No. 123905 June 9, 1997 - MARIA CRISTINA FERTILIZER CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124280 June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.

  • Bar Matter No. 730 June 10, 1997 - NEED THAT LAW STUDENT PRACTICING UNDER RULE 138-A BE SUPERVISED

  • G.R. No. 96999 June 10, 1997 - CARLOS O. YSMAEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106812 June 10, 1997 - TAGAYTAY-TAAL TOURIST DEV. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 107302, 107306 & 108559-60 June 10, 1997 - INDUSTRIAL TIMBER CORP. v. NLRC, ET AL.

  • G.R. No. 120074 June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN

  • G.R. No. 120594 June 10, 1997 - ALFONSO TAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123639 June 10, 1997 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113713 June 11, 1997 - ORIENT EXPRESS PLACEMENT PHIL. v. NLRC, ET AL.

  • G.R. No. 116940 June 11, 1997 - PHIL-AM GENERAL INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117561 June 11, 1997 - JULIO MARCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118041 June 11, 1997 - PHIMCO INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. Nos. 118921-22 June 11, 1997 - ERNESTO AUSTRIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120956 June 11, 1997 - PEOPLE OF THE PHIL. v. DOMINGO MORENO, ET AL.

  • Adm. Matter No. P-97-1248 June 13, 1997 - MARIEL ECUBE-BADEL v. DAVID DE LA PEÑA BADEL

  • G.R. Nos. 100513 & 111559 June 13, 1997 - SEVERINO ANTONIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 102467 June 13, 1997 - EQUITABLE BANKING CORP., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 110817-22 June 13, 1997 - PEOPLE OF THE PHIL. v. MARCELINO A. BUGARIN

  • G.R. No. 111088 June 13, 1997 - C & M TIMBER CORP. v. ANGEL C. ALCALA, ET AL.

  • G.R. Nos. 113103 & 116000 June 13, 1997 - NAPOCOR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114764 June 13, 1997 - WILFREDO T. PADILLA v. NLRC, ET AL.

  • Adm. Case No. 4244 June 17, 1997 - BUHANGIN RESIDENTS & EMPLOYEES ASSN., ETC. v. CORAZON NUÑEZ-MALANYAON

  • G.R. No. 100920 June 17, 1997 - PEOPLE OF THE PHIL. v. NOLI SALCEDO, ET AL.

  • G.R. No. 109311 June 17, 1997 - ZENAIDA ASUNCION v. NLRC, ET AL.

  • G.R. Nos. 110974-81 June 17, 1997 - PEOPLE OF THE PHIL. v. DANTE MANANSALA

  • G.R. No. 111357 June 17, 1997 - TRADERS ROYAL BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 113799 June 17, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO BAYDO

  • G.R. No. 119337 June 17, 1997 - BAYVIEW HOTEL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120030 June 17, 1997 - ATLAS FERTILIZER CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 120553 June 17, 1997 - PHILTRANCO SERVICE ENTERPRISES, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120802 June 17, 1997 - JOSE T. CAPILI v. NLRC, ET AL.

  • G.R. No. 121787 June 17, 1997 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 121964 June 17, 1997 - ABDULIA RODRIGUEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122932 June 17, 1997 - JOY BROTHERS, INC. v. NWPC

  • Adm. Case No. 4431 June 19, 1997 - PRISCILLA CASTILLO VDA. DE MIJARES v. ONOFRE A. VILLALUZ

  • Adm. Matter No. P-96-1221 June 19, 1997 - ADORACION G. ANGELES v. PABLO C. GERNALE, JR.

  • Adm. Matter No. P-97-1240 June 19, 1997 - WILFREDO C. BANOGON v. FELIPE T. ARIAS

  • Adm. Matter No. P-97-1242 June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG

  • G.R. Nos. 93100 & 97855 June 19, 1997 - ATLAS FERTILIZER CORP. v. SECRETARY OF DAR

  • G.R. No. 102612 June 19, 1997 - MANUEL L. QUEZON UNIVERSITY, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 102723-24 June 19, 1997 - PEOPLE OF THE PHIL. v. EDUARDO CABALLES, ET AL.

  • G.R. No. 103493 June 19, 1997 - PHILSEC INVESTMENT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106583 June 19, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO CASTRO

  • G.R. No. 108107 June 19, 1997 - PEOPLE OF THE PHIL. v. SUSAN PANTALEON

  • G.R. No. 108616 June 19, 1997 - PEOPLE OF THE PHIL. v. RODOLFO PATAWARAN

  • G.R. No. 109224 June 19, 1997 - MEGASCOPE GENERAL SERVICES v. NLRC, ET AL.

  • G.R. No. 110226 June 19, 1997 - ALBERTO S. SILVA, ET AL. v. NLRC, ET AL.

  • G.R. No. 112687 June 19, 1997 - PEOPLE OF THE PHIL. v. ABNER B. EUBRA

  • G.R. No. 113685 June 19, 1997 - PEOPLE OF THE PHIL. v. THEODORE BERNAL, ET AL.

  • G.R. No. 114812 June 19, 1997 - PEOPLE OF THE PHIL. v. RODEL Z. SAHAGUN, ET AL.

  • G.R. No. 115968 June 19, 1997 - RUBIN FERRER, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116394 June 19, 1997 - PEOPLE OF THE PHIL. v. TEODORO BONOLA

  • G.R. No. 116918 June 19, 1997 - PEOPLE OF THE PHIL. v. BONFILO MARTINEZ

  • G.R. No. 117005 June 19, 1997 - CARLITO D. CORPUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 117228 June 19, 1997 - RODOLFO MORALES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118335-36 June 19, 1997 - PEOPLE OF THE PHIL. v. ROSELLER ALAS, ET AL.

  • G.R. No. 119071 June 19, 1997 - PEOPLE OF THE PHIL. v. ROGELIO ANTIPONA

  • G.R. No. 121429 June 19, 1997 - MARCIA TUMBIGA v. NLRC, ET AL.

  • G.R. No. 122368 June 19, 1997 - BERNARDO NAZAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 122389 June 19, 1997 - MIGUEL SINGSON v. NLRC, ET AL.

  • G.R. No. 122806 June 19, 1997 - TIMES BROADCASTING NETWORK v. COURT OF APPEALS, ET AL.

  • G.R. No. 122866 June 19, 1997 - MELVA NATH v. NLRC, ET AL.

  • G.R. No. 123073 June 19, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN CAYABYAB

  • G.R. No. 123673 June 19, 1997 - PEDRO C. CALUCAG v. COMELEC, ET AL.

  • G.R. No. 123708 June 19, 1997 - CSC, ET AL. v. RAFAEL M. SALAS

  • G.R. No. 124050 June 19, 1997 ccc zz

    MAYER STEEL PIPE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125008 June 19, 1997 - COMMODITIES STORAGE & ICE PLANT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125221 June 19, 1997 - REYNALDO M. LOZANO v. ELIEZER R. DE LOS SANTOS, ET AL.

  • G.R. No. 125347 June 19, 1997 - EMILIANO RILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125798 June 19, 1997 - HADJI HAMID LUMNA PATORAY v. COMELEC, ET AL.

  • G.R. No. 125955 June 19, 1997 - WILMER GREGO v. COMELEC, ET AL.

  • G.R. No. 126361 June 19, 1997 - VICTOR R. MIRANDA, ET AL. v. JESSIE B. CASTILLO, ET AL.

  • G.R. No. 127311 June 19, 1997 - CONRADO LINDO v. COMELEC, ET AL.

  • G.R. No. 127623 June 19, 1997 - DOMINADOR VERGEL DE DIOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 116216 June 20, 1997 - NATALIA S. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116695 June 20, 1997 - VICTORIA G. GACHON, ET AL. v. NORBERTO C. DEVERA, JR., ET AL.

  • G.R. No. 118435 June 20, 1997 - PEOPLE OF THE PHIL. v. MARIO SERZO, JR.

  • G.R. No. 119178 June 20, 1997 - LINA LIM LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119745 June 20, 1997 - POWER COMMERCIAL AND INDUSTRIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122079 June 27, 1997 - ANTONIO CONCEPCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100935 June 30, 1997 - PEOPLE OF THE PHIL. v. VICENTE ZABALLERO

  • G.R. No. 102316 June 30, 1997 - VALENZUELA HARDWOOD AND INDUSTRIAL SUPPLY v. COURT OF APPEALS, ET AL.

  • G.R. No. 112260 June 30, 1997 - JOVITA YAP ANCOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115689 June 30, 1997 - PEOPLE OF THE PHIL. v. LINO ARTIAGA

  • G.R. No. 121793 June 30, 1997 - PEOPLE OF THE PHIL. v. ADONIS BALAD

  •  





     
     

    G.R. No. 120074   June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. 120074. June 10, 1997.]

    LEAH P. ADORIO, Petitioner, v. HON. LUCAS P. BERSAMIN, Presiding Judge, Regional Trial Court, Branch 96, Quezon City, respondent, PHILIP SEE, intervenor.


    D E C I S I O N


    KAPUNAN, J.:


    This is a special civil action for certiorari which seeks to set aside the Order of Judge Lucas P. Bersamin 1 dated May 5, 1995 insofar as it holds petitioner in direct contempt and sentences her therefor. The dispositive portion of said order reads:chanrob1es virtual 1aw library

    WHEREFORE, the Motion For Inhibition And For Re-raffle Of Cases is hereby granted.

    The complainant Philip See y Go and his former private prosecutor, Atty. Leah P. Adorio, of the King & Adorio Law Offices, with address at No. 40 Landargun Street, Quezon City, are hereby found guilty of direct contempt of this Court for disrespect to the Court and its Presiding Judge and are accordingly sentenced to suffer imprisonment of two (2) days in the City Jail of Quezon City and to pay a fine of P200.00 each.

    For the purpose of the execution of their sentence, complainant Philip See y Go and Atty. Leah P. Adorio are hereby directed to appear in person before the Court on May 23, 1995 at 10:00 o’clock in the morning.

    Pending execution of the sentence, the transmittal of the records to the Honorable Executive Judge, through the Office of the Clerk of Court, for purposes of re-raffle shall be held in abeyance.

    SO ORDERED. 2

    Petitioner was counsel for Philip G. See, the private complainant in Criminal Case Nos. Q-94-55933 to Q-94-55957 involving violations of B.P. Blg. 22 pending before the sala of respondent Judge. 3

    Pre-trial in these cases was concluded on January 16, 1995. Upon agreement of the parties, trial on the merits was set on March 8, 15 and 22, all at 8:30 a.m. 4

    Unknown to petitioner, counsel for the accused filed several requests addressed to the Branch Clerk of Court for the issuance of subpoenas duces tecum requiring officials of several banks to bring before the court on March 8, 1995 at 8:30 a.m., microfilm copies of various checks. The subpoenas duces tecum were issued on February 6, 7 and 14, 1995. 5

    On March 8, 1995, which petitioner supposed to be the date of the presentation of the prosecution’s evidence, petitioner came to court and was surprised by the presence of the bank officials therein. 6 During the hearing, respondent Judge called for a recess to enable counsel for the accused to confer with the bank officers. 7 When the case was again called, the following arguments took place:chanrob1es virtual 1aw library

    Atty. Adorio:chanrob1es virtual 1aw library

    Before we call our witness, your honor, may I now make of record that I was surprised with the move this morning of all the bank officers, I was not informed about any request for subpoena to the bank officers today. No copy of such request was given to the Private Prosecutor. And I also notice, your honor, that the subpoena or rather no copy issued by this court was ever given to the private prosecutor. Atty. Rivera knows, he had already entered his appearance and he knows my address, why did he not furnish me a copy of his request for subpoena, your honor, considering that I have the right to examine his request, the materiality of his request. I would like also to make of record, your honor, why they keep it as a secret, as a rule, the opposing party must be a party to whatever paper the other party may file, it seems that Atty. Rivera is hiding something from us. Whatever he wants to ask the Court, I am entitled to know.

    Atty. Rivera:chanrob1es virtual 1aw library

    I don’t think there is a reason or there is a need to be furnished with my request for subpoena, that is the reason why she was not furnished, your honor. Besides, my request for subpoena this morning is not a litigated motion. I made this request for advance in order that, when the defense turn to present evidence, it won’t be delayed because of non-availability of these exhibits.

    Atty. Adorio:chanrob1es virtual 1aw library

    This is our day of presenting evidence, your honor. This is only my observation, your honor and may I request Atty. Rivera to give us all copies he submits to the Court.

    Atty. Rivera:chanrob1es virtual 1aw library

    May I request for particular rule for that. . . .

    Atty. Adorio:chanrob1es virtual 1aw library

    Your honor, copies must be given to the opposing counsel, there is a ruling on that your honor. . . .

    Atty. Rivera:chanrob1es virtual 1aw library

    This is not a litigated motion your honor.

    Court:chanrob1es virtual 1aw library

    What is the problem of Atty. Adorio?

    Atty. Adorio:chanrob1es virtual 1aw library

    My only observation, your honor. And may I request Atty. Rivera to give us all copies he submits to the Court.

    Atty. Rivera:chanrob1es virtual 1aw library

    May I request for that particular rule for furnishing request for subpoena to the other counsel, your honor. . . .

    Court:chanrob1es virtual 1aw library

    What is this rule, will you cite the rule so that we can examine your protest you are insinuating to the Court that there was something here, we don’t even know the request for subpoena. If anyone of my staff is . . . towards the other side, you call me I can discipline them. . . .

    Atty. Adorio:chanrob1es virtual 1aw library

    There was an instance, your honor, when this case was called by the Clerk for arraignment, the Clerk would say that the accused would be coming. And one time, your honor, the Court already issued an Order of arrest, and it was already past 10:00 o’clock in the morning when the accused arrived. . . . 8

    Petitioner was apparently referring to an incident that allegedly occurred on July 13, 1994, the date set for the accused’s arraignment. According to petitioner, the accused failed to appear in court on said date even after the third call at around 11:00 a.m. Consequently, the Court ordered the issuance of a warrant of arrest and the confiscation/cancellation of the accused’s bail bond. The clerk in charge of the record then went to the door separating the courtroom and the staff’s office and whispered to someone in the office. After two minutes, the same clerk again rose from her seat, went back to the door, and announced to the Court that the accused would be late. Respondent Judge replied that the Court will wait for the accused. 9

    However, on March 8, 1995, Philip See allegedly examined the record but found that the incidents which purportedly transpired during the arraignment were not reflected therein. 10

    The above revelations by Atty. Adorio prompted the following response from respondent Judge:chanrob1es virtual 1aw library

    Court:chanrob1es virtual 1aw library

    Will you call everybody, all the staff inside . . . and you point to me who is that . . .? If you want me to be disqualified in these cases, you make it in writing. You file your motion to inhibit, I will disqualify myself because I don’t want to hear such accusations. Any participation of my staff which I am now parading before you . . . I don’t like that kind of accusation.

    Atty. Rivera:chanrob1es virtual 1aw library

    I will join the court.

    Court:chanrob1es virtual 1aw library

    Order

    As prayed for, the private prosecutor is hereby directed to file a Request for inhibition in writing stating the grounds.

    Pending consideration of the Request for Inhibition, hearing is hereby suspended.

    So ordered. 11

    Pursuant to said order, petitioner filed a "Motion for Inhibition and for Re-Raffle of Cases" in behalf of her client, alleging that:chanrob1es virtual 1aw library

    The filing of the request for issuance of subpoena duces tecum and the issuance of the subpoena without notice on the private prosecutor were irregular for the following reasons:chanrob1es virtual 1aw library

    [a] The pre-trial of the case had been terminated and the evidence for the prosecution was scheduled to be heard on March 8, 1995. Thus, it was plaintiff’s turn to present evidence. Whatever request defendant wanted to make with the court which would affect the right of the plaintiff to present evidence on the date scheduled would therefore be of notice to private prosecutor so that no surprises would result and so that plaintiff could also prepare questions for these bank officers involved and make use of their presence.

    [b] The act of the Court in issuing the subpoena for the bank officers to testify on March 8, 1995 upon request of the defendant when it was not yet his turn to present evidence is disruptive of orderly court procedure and shows bias on the part of the court. It shows the control of the accused over the court and court procedure.

    [c] This control was also manifest on July 13, 199[4], when accused was scheduled for arraignment, when the latter failed to appear before the court despite the third call at about 11:00 a.m. The Court then issued an Order for the issuance of a warrant of arrest and the confiscation/cancellation of the bail bond. After this Order was given orally in open court, the clerk who took charge of the records went to the door between the sala and the office and whispered something to someone in the office. After about two minutes, the same clerk again rose from her seat and went back to the door and thereafter, she announced to the Court that the accused would be late and the accused would be arriving. The Court then said that it will wait, if Alvin Tan is coming. It is puzzling how the clerk knew that Alvin Tan would be coming when he was not even present in court. However, none of these facts appeared in the Order or in the Constancia. 12

    Petitioner prayed that (1) the judge inhibit himself from hearing the criminal cases; (2) said cases be re-raffled to another court; and (3) the hearing of said cases be suspended pending the resolution of the Motion for Inhibition. 13

    The trial court granted said motion in an Order dated May 5, 1995. In the same order, declared petitioner and her client, in direct contempt. He explained thus:chanrob1es virtual 1aw library

    The imputation that the Court has come under the control of the accused on account of the issuance of the subpoena duces tecum upon his request but without notice to the complainant or the public prosecutor is most unfair and disrespectful to the Court and is a highly irresponsible accusation on the part of the private complainant and the private prosecutor (who had meanwhile withdrawn from the case). The issuance of a subpoena at a party’s instance is not subject to prior or simultaneous notice to the adverse party of the request therefor, for, such notice is not required by the Rules of Court. The grounds for disqualification are unworthy of any consideration. The questioning by the private prosecutor of the issuance of the subpoena is unfounded and due to a misplaced sense of procedural requirements.

    x       x       x


    As far as the text and language of the motion are concerned, the Court considers them to be irresponsible and disrespectful especially the accusation that the Court had come under the control of the accused and had committed an irregularity of procedure. These statements amount to an unmitigatedly disrespectful attitude towards the Court and its Presiding Judge. They also display the dangerous tendencies of a party and counsel who probably think of themselves as beyond reproach. There is therefore no recourse but to find both the complainant and his former private prosecutor guilty of direct contempt. 14

    On May 22, 1995, petitioner filed this special civil action for certiorari with a prayer for a temporary restraining order. This Court, in a Resolution dated June 5, 1995, issued a temporary restraining order enjoining respondent Judge from enforcing the impugned order.chanroblesvirtuallawlibrary

    A perusal of the trial court’s order reveals that what respondent judge found particularly contemptuous were petitioner’s statements in her motion alleging that (1) the issuance of the subpoenas duces tecum was irregular; and (2) the court and court procedure were subject to the "control" of the accused.

    Whether or not these statements constitute direct contempt is the issue which confronts this Court.

    We rule in the affirmative.

    Contrary to petitioner’s allegations, there was nothing "irregular" in the issuance of the subpoenas duces tecum. Requests by a party for the issuance of subpoenas do not require notice to other parties to the action. No violation of due process results by such lack of notice since the other parties would have ample opportunity to examine the witnesses and documents subpoenaed once they are presented in court. 15

    Petitioner however argues that:chanrob1es virtual 1aw library

    On March 8, 1995, the prosecution was scheduled to present its first witness, the private complainant, Philip See, after a very long pre-trial period which started sometime in September 1994. The regular [as against the ‘irregular’] procedure would have been for the prosecution to proceed with the presentation of evidence pursuant to Rule 119, Section 3 of the Rules of Court. The prosecution was not, however, able to move along, due to the presence of numerous bank officials from various banks who appeared pursuant to the subpoenas issued to them by the court.

    Moreover, the person who requested for the subpoena was the counsel for the accused. The regular or usual procedure would have been for the subpoena to be issued during the pre-trial stage or during the time that the defense is presenting its evidence and not during the time of presentation of evidence by the prosecution as what happened in this case.

    We do not find any merit in petitioner’s contentions. Rule 119, Section 3 of the Rules of Court which prescribes the order of trial in criminal cases does not preclude the defense from procuring subpoenas duces tecum during the time of the prosecution’s presentation of evidence. In this case, counsel for the accused felt that he needed the documents subject of the subpoenas for his cross-examination of the prosecution witnesses. Accordingly, respondent judge called a recess to enable said counsel to secure said documents from the bank officials. The order of trial was not in any way altered; counsel for the accused did not even attempt to call any of the bank officials to the stand. Under these circumstances, the resulting delay cannot be considered unreasonable nor "irregular."cralaw virtua1aw library

    Nor do we find anything "irregular" in the accused’s arraignment. As counsel for the accused points out:chanrob1es virtual 1aw library

    . . . the fact that the Presiding Judge issued a warrant of arrest and ordered the cancellation of the accused’s bond shows that he gives no special favor to the accused. And it is of common knowledge that orders like that are easily reconsidered/lifted even for excuses like traffic, ill health or failure to remember the hearing. The fact that the Presiding Judge opted to wait for the accused upon information that the latter is coming only shows that he was very aware of the common practice. Waiting saved so much of the court’s and parties’ time as it did away with the usual motion for reconsideration and the necessity for a resetting.

    . . . Court personnels [sic], practitioners and even judges know, of course that it is not uncommon for litigants, especially those coming for trial late, to call the court’s office by phone. It is likewise not uncommon for litigants who follows-up [sic] matters in the office (like bailbonds, [sic] release of rulings, etc.) to get acquainted with — or even become friends of — court clerks, secretaries, typists, stenographers or sheriffs, in the office.

    . . . Besides, if the plaintiff found it necessary to have those matters stated in the Order or placed on record, there were two (2) lawyers (the private and the public prosecutors) who could have stood up and made the proper manifestations or requests. But that incident happened way back 13 July 1994 and it is only now, in their motion of 15 March 1995, that they mention the same in their vain attempt to create an issue on the impartiality and fairness of the Presiding Judge. . . . 16

    Petitioner’s allegation that the proceedings before the trial court were "irregular" therefore lacks basis. Such statement, when read with petitioner’s remark that the so-called irregularities "show the accused’s control over the court and court procedure," is nothing short of contemptuous.

    The latter statement is particularly alarming for it implies that court proceedings are a mere farce, and the court a mere stooge, a marionette subject to the manipulation of the opposing party. It suggests that the judge was moved by considerations other than his sense of justice and fair play thereby calling into question the integrity and independence of the court. Such statement tends to bring the authority and administration of law into disrespect and constitutes a violation of the Code of Professional Responsibility, specifically:chanrob1es virtual 1aw library

    CANON 11 — A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.

    x       x       x


    Rule 11.03 — A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the courts.

    Rule 11.04 — A lawyer shall not attribute to a judge motives not supported by the record or having no materiality to the case.

    Consequently, we rule that respondent Judge did not commit grave abuse of discretion in declaring petitioner guilty of direct contempt.

    However, we find the penalty imposed by respondent Judge upon petitioner too severe. Punishment in contempt cases are meted on a corrective principle to vindicate the authority and dignity of the courts and the administration of justice. 17 Accordingly, we reduce the same to a fine of P200.00.

    While petitioner’s client, Philip G. See, did not question the contempt order against him — his motion for intervention and the accompanying motion for issuance of clarificatory order merely questioned the scope of the temporary restraining order issued by this Court — the reduction of the penalty in favor of his former counsel should likewise benefit him. Under the rules of criminal procedure, the judgment of the appellate court shall affect even those accused who did not appeal insofar as said judgment is favorable and applicable to them. 18 By analogy, this rule should apply in contempt cases. Contempt partakes of the nature of a criminal offense, 19 and the mode of procedure in contempt proceedings is assimilated as far as practicable to those adapted to criminal prosecutions. 20

    WHEREFORE, the Order dated May 5, 1995 issued by respondent Judge is MODIFIED in that the penalty of imprisonment for Two (2) Days and a fine of Two Hundred Pesos (P200.00) imposed on petitioner Leah Adorio and intervenor Philip See is REDUCED to a fine of Two Hundred Pesos (P200.00) only. The Temporary Restraining Order is LIFTED and Criminal Case Nos. Q-94-55933 to Q-94-55957 is ordered re-raffled to another branch of the Regional Trial Court of Quezon City.

    SO ORDERED.

    Bellosillo, Vitug and Hermosisima, Jr., JJ., concur.

    Padilla, J., is on leave.

    Endnotes:



    1. Presiding Judge of the Quezon City Regional Trial Court, Branch 96.

    2. Rollo, p. 25; italics in the original.

    3. Id., at 2.

    4. Id., at 4.

    5. Id., at 66.

    6. Id., at 4.

    7. Id., at 27.

    8. Id., at 81-84.

    9. Id., at 7.

    10. Ibid.

    11. Id., at 81.

    12. Id., at 28-29.

    13. Id., at 29-30.

    14. Id., at 24-25; italics in the original.

    15. The rule is different, however, when the subpoenas are issued for purposes of deposition. See Rule 23, Sec. 5 in relation to Secs. 15 and 25, Rule 24.

    16. Rollo, p. 75.

    17. In the Matter of Contempt Proceedings against Ventura O. Ducat and Tene Mariano and Cruz Law Offices, G.R. No. 11726, March 13, 1997.

    18. Rule 122, Sec 11(a); see People v. Perez, G.R. No. 119014, October 15, 1996.

    19. CMS Investment and Management Corporation v. Intermediate Appellate Court, 139 SCRA 75 (1985).

    20. Lee Yick Hon v. Collector of Customs, 41 Phil. 548 (1921).

    G.R. No. 120074   June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN


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