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JUDGE RENE B. BACULI v. ATTY. MELCHOR A. BATTUNG

FACTS:

This case involves a complaint for disbarment filed by Judge Rene B. Baculi, Presiding Judge of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City, against Atty. Melchor Battung. Judge Baculi alleged that Atty. Battung violated Canons 11 and 12 of the Code of Professional Responsibility.

Judge Baculi claimed that during a hearing on a motion for reconsideration in Civil Case No. 2502, Atty. Battung was shouting and disregarding the judge's admonition to tone down his voice. Atty. Battung was cited for direct contempt and imposed a fine. Later on, Atty. Battung re-entered the courtroom and shouted at Judge Baculi, leading to his second citation for direct contempt. After the hearings, Atty. Battung continued to confront Judge Baculi outside the courthouse, shouted in a threatening manner, and challenged the judge to a fight. It was also discovered that Atty. Battung shouted and punched a table at the Office of the Clerk of Court.

Additionally, Judge Baculi accused Atty. Battung of filing dilatory pleadings in Civil Case No. 2640, an ejectment case. Judge Baculi claimed that Atty. Battung filed a motion to quash the previously issued writ of execution, which was merely a tactic to delay the proceedings and obstruct the administration of justice.

The Integrated Bar of the Philippines (IBP) conducted an investigation through Commissioner Jose de la Rama, Jr. Commissioner De la Rama found that Atty. Battung violated Rule 11.03, Canon 11 of the Code of Professional Responsibility by using offensive and menacing behavior before the courts. However, the evidence submitted was insufficient to support a violation of Canon 12. Commissioner De la Rama recommended a six-month suspension. The IBP Board of Governors later modified the recommendation to a reprimand.

ISSUES:

  1. Whether Atty. Melchor Battung violated Canon 11 of the Code of Professional Responsibility.

  2. Whether Atty. Melchor Battung violated Canon 12 of the Code of Professional Responsibility.

RULING:

  1. Atty. Melchor Battung violated Canon 11 of the Code of Professional Responsibility. He shouted at the presiding judge, used scandalous, offensive, and menacing language, and challenged the judge to a fight in a threatening manner. His actions showed a lack of respect for the court and judicial officers.

  2. Atty. Melchor Battung did not violate Canon 12 of the Code of Professional Responsibility. The evidence submitted was insufficient to prove that he misused judicial processes to frustrate the ends of justice.

PRINCIPLES:

  • Lawyers must observe and maintain respect due to the courts and judicial officers. (Canon 11 of the Code of Professional Responsibility)

  • Lawyers should abstain from using scandalous, offensive, or menacing language or behavior before the courts. (Rule 11.03, Canon 11 of the Code of Professional Responsibility)

  • Disrespect towards a judge cannot be tolerated and should be dealt with appropriately through the proper legal channels. (Canon 11 of the Code of Professional Responsibility)

  • Lawyers should not misuse judicial processes to delay or frustrate the ends of justice. (Canon 12 of the Code of Professional Responsibility)