This case has been cited 5 times or more.
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2012-04-17 |
PER CURIAM |
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| While lawyers are entitled to present their case with vigor and courage, such enthusiasm does not justify the use of foul and abusive language.[37] Language abounds with countless possibilities for one to be emphatic but respectful, convincing but not derogatory, illuminating but not offensive.[38] A lawyer's language should be forceful but dignified, emphatic but respectful as befitting an advocate and in keeping with the dignity of the legal profession.[39] | |||||
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2011-09-07 |
BERSAMIN, J. |
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| We do not hesitate to punish the petitioners for the direct contempt of court. They threw out self-restraint and courtesy, traits that in the most trying occasions equate to rare virtues that all members of the Legal Profession should possess and cherish. They shunted aside the nobility of their profession. They wittingly banished the ideal that even the highest degree of zealousness in defending the causes of clients did not permit them to cross the line between liberty and license.[43] Indeed, the Court has not lacked in frequently reminding the Bar that language, though forceful, must still be dignified; and though emphatic, must remain respectful as befitting advocates and in keeping with the dignity of the Legal Profession.[44] It is always worthwhile to bear in mind, too, that the language vehicle did not run short of expressions that were emphatic, yet respectful; convincing, yet not derogatory; and illuminating, yet not offensive.[45] No attorney worthy of the title should forget that his first and foremost status as an officer of the Court calls upon him to be respectful and restrained in his dealings with a court or its judge. Clearly, the petitioners' criticism of the CTA First Division was not bona fide or done in good faith, and spilled over the walls of propriety. | |||||
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2011-09-07 |
BERSAMIN, J. |
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| The sanction has usually been set depending on whether the offensive language is viewed as contempt of court or as ethical misconduct. In Re: Letter Dated 21 February 2005 of Atty. Noel S. Sorreda,[47] the errant lawyer who made baseless accusations of manipulation in his letters and compliance to this Court was indefinitely suspended from the practice of law. Although he was further declared guilty of contempt of court, the Court prescribed no separate penalty on him, notwithstanding that he evinced no remorse and did not apologize for his actions that resulted from cases that were decided against his clients for valid reasons. In Re: Conviction of Judge Adoracion G. Angeles,[48] the complaining State Prosecutor, despite his strong statements to support his position not being considered as direct contempt of court, was warned to be more circumspect in language. In contrast, Judge Angeles was reprimanded and handed a stern warning for the disrespectful language she used in her pleadings filed in this Court, which declared such language to be below the standard expected of a judicial officer. In Nuñez v. Atty. Arturo B. Astorga,[49] Atty. Astorga was meted a P2,000.00 fine for conduct unbecoming of a lawyer for hurling insulting language against the opposing counsel. Obviously, the language was dealt with administratively, not as contempt of court. In Ng v. Atty. Benjamin C. Alar,[50] the Court prescribed a higher fine of P5,000.00 coupled with a stern warning against Atty. Alar who, in his motion for reconsideration and to inhibit, cast insults and diatribes against the NLRC First Division and its members. Yet again, the fine was a disciplinary sanction. | |||||
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2011-09-07 |
BERSAMIN, J. |
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| Undeterred, the petitioners sought reconsideration in behalf of Surfield,[13] insisting that the CTA had jurisdiction pursuant to Section 7(a)(3) of Republic Act No. 9282;[14] and arguing that the CTA First Division manifested its "lack of understanding or respect" for the doctrine of stare decisis in not applying the ruling in Ty v. Trampe (G.R. No. 117577, December 1, 1995, 250 SCRA 500), to the effect that there was no need to file an appeal before the Local Board of Assessment Appeals pursuant to Section 22 of Republic Act No. 7160. | |||||
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2008-04-16 |
CARPIO MORALES, J. |
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| On many occasions, the Court has reminded members of the Bar to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged.[17] In keeping with the dignity of the legal profession, a lawyer's language even in his pleadings must be dignified.[18] | |||||