December 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 185619 : December 08, 2010] RICARDO S. SILVERIO, JR., LIGAYA SILVERIO, EDMUNDO S. SILVERIO, REP. BY HER LEGAL GUARDIAN NESTOR S. DELA MERCED II AND EDMUNDO S. SILVERIO V. NELIA S. SILVERIO-DEE :
[G.R. No. 185619 : December 08, 2010]
RICARDO S. SILVERIO, JR., LIGAYA SILVERIO, EDMUNDO S. SILVERIO, REP. BY HER LEGAL GUARDIAN NESTOR S. DELA MERCED II AND EDMUNDO S. SILVERIO V. NELIA S. SILVERIO-DEE
Sirs/Mesdames:
Please take notice that the Court, Third Division, issued a Resolution dated 08 December 2010, which reads as follows:
G.R. No. 185619 - Ricardo S. Silverio, Jr., Ligaya Silverio, Edmundo S. Silverio, rep. by her legal guardian Nestor S. Dela Merced II and Edmundo S. Silverio v. Nelia S. Silverio-Dee
R E S O L U T I O N
Atty. Emerito M. Salva professes in his Compliance to the Show Cause [Order of January 25, 2010] his "frank and sincere apology" for writing in the motion for reconsideration [of this Court's Resolution of February 11, 2009] that "to conclude that 'no reversible error in the assailed judgment to warrant the exercise by the Court of its discretionary appellate jurisdiction in this case,' is not only shockingly baseless but clearly the conclusion of a mind without comprehension whatsoever to know and learn what is fact and what is fiction; what is legal and what is illegal per se; and what is sensible and what is insensible with the use and application of his common sense."
Atty. Salva goes on, however, to state in his Compliance that "... was it possible for the ponente himself and in consultation with the other members to read and study the facts and issues raised in the [petition] and the annexes thereto in a week's time and then arrived at the conclusion that the petition has failed 'to sufficiently show any error in the assailed judgment to warrant the exercise by the Court of its discretionary appellate jurisdiction' and that "[t]he ponente unmindedly ignored the consequences of this situation as raised in the appropriate issues discussed in the [petition]."
The Court thus notes that Atty. Salva continues to cast offensive aspersions toward the Court as his allegations in his Compliance show. Rule 11.03, Canon 11 of the Code of Professional Responsibility proscribes lawyers from using scandalous, offensive or menacing language or behavior before the courts.
Finding Atty. Emerito M. Salva's Compliance to the Show Cause Order of January 25, 2010 confirmatory, and an aggravation, of his violation of Rule 11.03, Canon 11 of the Code of Professional Responsibility, the Court RESOLVES to declare him guilty of DIRECT CONTEMPT for which he is FINED P2,000.00, payable in full within five (5) days from receipt of this Resolution. He is further WARNED that a repetition of the same or similar act shall be dealt with more severely.
Let a copy of this Resolution be made a part of the personal records of Atty. Salva in the Office of the Bar Confidant.
SO ORDERED.
G.R. No. 185619 - Ricardo S. Silverio, Jr., Ligaya Silverio, Edmundo S. Silverio, rep. by her legal guardian Nestor S. Dela Merced II and Edmundo S. Silverio v. Nelia S. Silverio-Dee
Atty. Emerito M. Salva professes in his Compliance to the Show Cause [Order of January 25, 2010] his "frank and sincere apology" for writing in the motion for reconsideration [of this Court's Resolution of February 11, 2009] that "to conclude that 'no reversible error in the assailed judgment to warrant the exercise by the Court of its discretionary appellate jurisdiction in this case,' is not only shockingly baseless but clearly the conclusion of a mind without comprehension whatsoever to know and learn what is fact and what is fiction; what is legal and what is illegal per se; and what is sensible and what is insensible with the use and application of his common sense."
Atty. Salva goes on, however, to state in his Compliance that "... was it possible for the ponente himself and in consultation with the other members to read and study the facts and issues raised in the [petition] and the annexes thereto in a week's time and then arrived at the conclusion that the petition has failed 'to sufficiently show any error in the assailed judgment to warrant the exercise by the Court of its discretionary appellate jurisdiction' and that "[t]he ponente unmindedly ignored the consequences of this situation as raised in the appropriate issues discussed in the [petition]."
The Court thus notes that Atty. Salva continues to cast offensive aspersions toward the Court as his allegations in his Compliance show. Rule 11.03, Canon 11 of the Code of Professional Responsibility proscribes lawyers from using scandalous, offensive or menacing language or behavior before the courts.
Finding Atty. Emerito M. Salva's Compliance to the Show Cause Order of January 25, 2010 confirmatory, and an aggravation, of his violation of Rule 11.03, Canon 11 of the Code of Professional Responsibility, the Court RESOLVES to declare him guilty of DIRECT CONTEMPT for which he is FINED P2,000.00, payable in full within five (5) days from receipt of this Resolution. He is further WARNED that a repetition of the same or similar act shall be dealt with more severely.
Let a copy of this Resolution be made a part of the personal records of Atty. Salva in the Office of the Bar Confidant.
SO ORDERED.
Very truly yours,
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court
(Sgd.) LUCITA ABJELINA-SORIANO
Clerk of Court