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MEMORIA G. ENCINAS v. NATIONAL BOOKSTORE

FACTS:

Atty. Ricardo T. Calimag was cited for contempt of court for his participation in the submission of a fake judicial decision to the Court. He filed a motion for intervention and petition-in-intervention on behalf of his clients, Roberto P. Madrigal-Acopiado and Datu Mohaldin R.B. Sulaiman, along with the fake decision. He claimed that he was misled and there was an honest mistake in the appreciation of the evidence. He further welcomed the referral of the incident to the National Bureau of Investigation to identify the mastermind behind the forgery. However, the Court found his explanation insufficient and cited him in direct contempt of court for his conduct. They noted that it was insulting to assert a claim based on an obvious forgery and that counsel should have verified the documents and not relied solely on his clients' assertions. The Court also warned that counsel's act may violate the lawyer's oath. Consequently, Atty. Ricardo T. Camilag was ordered to pay a fine of Two Thousand Pesos (P2,000.00) within ten days or face imprisonment for ten days if he fails to pay.

ISSUES:

  1. Whether Atty. Ricardo T. Calimag should be cited for direct contempt of court for his participation in the submission of a fake judicial decision.

  2. Whether the explanation given by Atty. Calimag is sufficient and satisfactory to avoid being cited for contempt.

RULING:

  1. Atty. Ricardo T. Calimag is cited in direct contempt of court.

  2. The explanation given by Atty. Calimag is insufficient and unsatisfactory.

PRINCIPLES:

  • Direct contempt, or contempt in facie curiae, is misbehavior committed in the presence of or so near a court or judge so as to obstruct or interrupt the proceedings before the same, including disrespect toward the court. It can be punished summarily without a hearing.

  • It is insulting to assert a claim before the Supreme Court based on an obvious and incompetent forgery. Lawyers are expected to know better and thoroughly prepare themselves on the law, facts, and evidence of their case.

  • As an officer of the court, a lawyer is required to observe and maintain respect for the courts of justice and judicial officers, do no falsehood, and assist in the speedy and efficient administration of justice.

  • Filing a motion and petition-in-intervention based on a spurious judicial decision constitutes direct contempt of court.

  • A person found guilty of direct contempt may be punished with a fine or imprisonment, depending on the court's rank. In this case, a fine of Two Thousand Pesos (P2,000.00) is appropriate.