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ZALDIVAR vs GONZALEZ
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gonzalez/).
Republic of the Philippines

SUPREME COURT
Manila
EN BANC
G.R. Nos. 79690-707 October 7, 1988
ENRIQUE A. ZALDIVAR, petitioner,

vs.
THE HONORABLE SANDIGANBAYAN and HONORABLE RAUL
M. GONZALEZ, claiming to be and acting as Tanodbayan-
Ombudsman under the 1987 Constitution, respondents.
G.R. No. 80578 October 7, 1988
ENRIQUE A. ZALDIVAR, petitioner,

vs.
HON. RAUL M. GONZALEZ, claiming to be and acting as
http://uber2002.wordpress.com/2012/06/25/zaldivar-vs-gonzalez/ 1/37
Tanodbayan-Ombudsman ombudsman under the 1987 Constitution,

respondent.
PER CURIAM:
The following are the subjects of this Resolution:
1) a Motion, dated 9 February 1988, to Cite in Contempt filed by petitioner

Enrique A. Zaldivar against public respondent Special Prosecutor (formerly
Tanodbayan) Raul M. Gonzalez, in connection with G.R. Nos. 79690-707
and G.R. No. 80578. and 2) a Resolution of this Court dated 2 May 1988
requiring respondent Hon. Raul Gonzalez to show cause why he should not
be punished for contempt and/or subjected to administrative sanctions for
making certain public statements.
The pertinent facts are as follows:
Petitioner Zaldivar is one of several defendants in Criminal Cases

Nos. 12159-12161 and 12163-12177 (for violation of the Anti-Graft and
Corrupt Practices Act) pending before the Sandiganbayan. The Office of
the Tanodbayan conducted the preliminary investigation and filed the
criminal informations in those cases (originally TBP Case No. 86-00778).
On 10 September 1987, petitioner filed with this Court a Petition for

Certiorari, Prohibition and mandamus (G.R. Nos. 79690-707) naming as
respondents both the Sandiganbayan and Hon. Raul M. Gonzalez. Among
other things, petitioner assailed: (1) the 5 February 1987 Resolution 1 of the
“Tanodbayan” recommending the filing of criminal informations against
petitioner Zaldivar and his co-accused in TBP Case No. 86-00778; and (2)
the 1 September 1987 Resolution 2 of the Sandiganbayan in Criminal Cases
Nos. 12159-12161 and 1216312177 denying his Motion to Quash the
criminal informations filed in those cases by the “Tanodbayan.” In this
respect, petitioner alleged that respondent Gonzalez, as Tanodbayan and
under the provisions of the 1987 Constitution, was no longer vested with
power and authority independently to investigate and to institute criminal
cases for graft and corruption against public officials and employees, and
hence that the informations filed in Criminal Cases Nos. 12159-12161 and
12163-12177 were all null and void.
On 11 September 1987, this Court issued a Resolution, which read:
G.R. Nos. 79690-707 (Enrique A.

http://uber2002.wordpress.com/2012/06/25/zaldivar-vs-gonzalez/ Zaldivar vs. The Honorable 2/37
G.R. Nos. 79690-707 (Enrique A. Zaldivar vs. The Honorable

Sandiganbayan and Honorable Raul M. Gonzalez, Claiming To Be and
Acting as Tanodbayan-Ombudsman under the 1987 Constitution ).—
Acting on the special civil action for certiorari, prohibition and mandamus
under Rule 65 of the Rules of Court, with urgent motion for preliminary
elimination injunction, the Court Resolved, without giving due course to the
petition, to require the respondents to COMMENT thereon, within ten (10)
days from notice.
The Court further Resolved to ISSUE a TEMPORARY RESTRAINING

ORDER, effective immediately and continuing until further orders from
this Court, ordering respondent Sandiganbayan to CEASE and DESIST
from hearing and trying Criminal Cases Nos. 12159 to 12161 and 12163 to
12177 insofar as petitioner Enrique Zaldivar is concerned and from hearing
and resolving the Special Prosecutor’s motion to suspend dated September
3, 1987.
The parties later filed their respective pleadings.
Petitioner Zaldivar filed with this Court a second Petition for certiorari and
Prohibition (G.R. No. 80578) on 19 November 1987, initially naming only
Hon. Raul M. Gonzalez as respondent. That Petition assailed the 24
September 1987 Resolution 3 of the “Tanodbayan” in TBP Case No. 87-
01304 recommending that additional criminal charges for graft and
corruption be filed against petitioner Zaldivar and five (5) other individuals.
Once again, petitioner raised the argument of the Tanodbayan’s lack of
authority under the 1987 Constitution to file such criminal cases and to
investigate the same. Petitioner also moved for the consolidation of that
petition with G.R. No. 79690-707.
In a Resolution dated 24 November 1987, 4 this Court, without giving due

course to the second petition: (1) required respondent Gonzalez to submit a
comment thereon: and (2) issued a temporary restraining order “ordering
respondent Hon. Raul M. Gonzalez to CEASE and DESIST from further
acting in TBP Case No. 87-01394 … and particularly, from filing the
criminal information consequent thereof and from conducting preliminary
investigation therein.” In a separate resolution of the same date, 5 G.R. Nos.
79690-707 and G.R. No. 80578 were ordered consolidated by the Court.
In the meantime, however, on 20 November 1987 or four (4) days prior to

issuance by this Court of a temporary restraining order in G.R. No. 80578,
the Office of the Tanodbayan instituted Criminal Case No. 12570 6 with the
Sandiganbayan which issued on 23 November 1987 an Order of
Arrest 7 for petitioner Zaldivar and his co-accused in Criminal Case No.
12570. Upon Motion 8 of petitioner Zaldivar, this Court issued the
following Resolution on 8 December 1987:
G.R. No. 80578 (Enrique A. Zaldivar vs. Hon. Raul M. Gonzalez and
Sandiganbayan). The motion filed by the Solicitor General for respondents
for an extension of thirty (30) days from the expiration of the original
period within which to file comment on the petition for certiorari and
prohibition with prayer for a writ of preliminary injunction or restraining
order is GRANTED.
Acting on the manifestation with motion to treat the Sandiganbayan as

party-respondent, the Court Resolved to (a) Consider IMPLEADED the
Sandiganbayan as party respondent; and (b) In pursuance of and
supplementing the Temporary Restraining Order of November 24, 1987
“ordering respondent Hon. Raul M. Gonzalez to CEASE and DESIST from
further acting in TBP Case No. 87-01304 entitled, “Commission on Audit
vs. Gov. Enrique Zaldivar, et al.” and particularly, from filing the criminal
information consequent thereof and from conducting preliminary
investigation therein” ISSUE a TEMPORARY RESTRAINING ORDER
effective immediately and continuing until further orders from this Court,
ordering respondents Hon. Raul M. Gonzalez and Sandiganbayan to
CEASE and DESIST from further acting in Criminal Case No. 12570,
entitled, “People of the Philippines vs. Enrique M. Zaldivar, et al.” and from
enforcing the order of arrest issued by the Sandiganbayan in said case.
The Solicitor General filed a Comment 9 on the petition in G.R. No. 80578,
and we required the petitioner to submit a Reply 10 thereto.
On 9 February 1988, petitioner Zaldivar filed with the Court a Motion to

Cite in Contempt 11 directed at respondent Gonzalez. The Motion cited as
bases the acts of respondent Gonzalez in: (1) having caused the filing of the
information against petitioner in Criminal Case No. 12570 before the
Sandiganbayan; and (2) issuing certain allegedly contemptuous statements
to the media in relation to the proceedings in G.R. No. 80578. In respect of
the latter, petitioner annexed to his Motion a photocopy of a news article,
reproduced here in toto, which appeared in the 30 November 1987 issue of
the “Philippine Daily Globe:”
Tanod Scores SC for Quashing Graft Case
TANODBAYAN Justice Raul M. Gonzalez said yesterday the Supreme

Court order stopping him from investigating graft cases involving Antique
Gov. Enrique Zaldivar can aggravate the thought that affluent persons “an
prevent the progress of a trial.”
What I am afraid of (with the issuance of the order) is that it appears that
while rich and influential persons get favorable actions from the Supreme
Court, it is difficult for an ordinary litigant to get his petition to be given due
course. Gonzalez told the Daily Globe in an exclusive interview.
Gonzalez said the high tribunal’s order ‘”heightens the people’s apprehension
over the justice system in this country, especially because the people have been
thinking that only the small fly can get it while big fishes go scot-free.”
Gonzalez was reacting to an order issued by the tribunal last week after
Zaldivar petitioned the court to stop the Tanodbayan from investigating
graft cases filed against him.
Zaldivar had charged that Gonzalez was biased in his investigations

because the latter wanted to help promote the political fortunes of a friend
from Antique, lawyer Bonifacio Alentajan.
Acting on Zaldivar’s petition, the high court stopped Gonzalez from

investigating a graft charge against the governor, and from instituting any
complaint with the Sandiganbayan.
While President Aquino had been prodding me to prosecute graft cases even if
they involve the high and mighty, the Supreme Court had been restraining
me. Gonzalez said.
In accordance with the President’s order, Gonzalez said he had filed graft
cases against two “very powerful” officials of the Aquino government-
Commissioner Quintin Doromal of the Presidential Commission on Good
Government and Secretary Jiamil I.M. Dianlan of the Office of Muslim
Affairs and Cultural Communities.
While I don’t wish to discuss the merits of the Zaldivar petition before the
Supreme Court, I am a little bit disturbed that (the order) can aggravate the
thinking of some people that affluent persons can prevent the progress of a
trial, he said.
He disclosed that he had a talk with the Chief Executive over the weekend
and that while she symphatizes with local officials who are charged in court
during election time, ‘She said that it might be a disservice to the people
and the voters who are entitled to know their candidates.
Gonzalez said that while some cases filed against local officials during
election time could be mere harassment suits, the Constitution makes it a
right of every citizen to be informed of the character of tile candidate, who
should be subject to scrutiny. (Emphasis supplied)
Acting on petitioner’s Motion to Cite in Contempt, the Court on 16

Acting on petitioner’s Motion to Cite in Contempt, the Court on 16

February 1988 required respondent Gonzalez “to COMMENT on aforesaid
Motion within ten (10) days from notice.” 12 On 27 April 1988, the Court
rendered its Decision 13 (per curiam) in the Consolidated Petitions. The
dispositive portion thereof read:
WHEREFORE, We hereby:
(1) GRANT the consolidated petitions filed by petitioner Zaldivar and

hereby NULLIFY the criminal informations filed against him in the
Sandiganbayan; and
(2) ORDER respondent Raul Gonzalez to cease and desist from conducting
investigations and filing criminal cases with the Sandiganbayan or
otherwise exercising the powers and functions of the Ombudsman.
SO ORDERED.
A Motion for Reconsideration 14 was filed by respondent Gonzalez the next

day, 28 April 1988. In his Motion, respondent Gonzalez, after having
argued the legal merits of his position, made the following statements
totally unrelated to any legal issue raised either in the Court’s Decision or in
his own Motion:
1. That he “ha(d) been approached twice by a leading member of the court

… and he was asked to ‘go slow on Zaldivar and ‘not to be too hard on
him;’ “
2. That he “was approached and asked to refrain from investigating the

COA report on illegal disbursements in the Supreme Court because ‘it will
embarass the Court;” and
3. That “(i)n several instances, the undersigned respondent was called over
the phone by a leading member of the Court and was asked to dismiss the
cases against (two Members of the Court).”
Respondent Gonzalez also attached three (3) handwritten notes 15 which he

claimed were sent by “some members of this Honorable Court,
interceeding for cases pending before this office (i.e., the Tanodbayan).” He
either released his Motion for Reconsideration with facsimiles of said notes
to the press or repeated to the press the above extraneous statements: the
metropolitan papers for the next several days carried long reports on those
statements and variations and embellishments thereof On 2 May 1988, the
Court issued the following Resolution in the Consolidated Petitions:
G.R. No. 79690-707 (Enrique Zaldivar vs. The Hon. Sandiganbayan, et al.
G.R. No. 79690-707 (Enrique Zaldivar vs. The Hon. Sandiganbayan, et al.
G.R. No. 80578 (Enrique A. Zaldivar vs. Hon. Raul M. Gonzalez, etc).
1. Acting on the Motion for Reconsideration filed by respondent Gonzalez

under date of April 28, 1988, the Court Resolved to REQUIRE the petitioner
to COMMENT thereon within ten (10) days from notice hereof.
2. It appearing that respondent Raul M. Gonzalez has made public

statements to the media which not only deal with matters subjudice but also
appear offensive to and disrespectful of the Court and its individual
members and calculated, directly or indirectly, to bring the Court into
disrepute, discredit and ridicule and to denigrate and degrade the
administration of justice, the Court Resolved to require respondent
Gonzalez to explain in writing within ten (10) days from notice hereof, why
he should not be punished for contempt of court and/or subjected to
administrative sanctions for making such public statements reported in the
media, among others, in the issues of the “Daily Inquirer,” the “Journal,”
the “Manila Times,” the “Philippine Star,” the “Manila Chronicle” the
“Daily Globe” and the “Manila Standard” of April 29 and 30, and May 1,
1988, to wit:
(a) That the Court resolution in question is merely “an offshoot of the
position he had taken that the SC Justices cannot claim immunity from suit
or investigation by government prosecutors or motivated by a desire to stop
him ‘from investigating cases against some of their proteges or friends;”
(b) That no less than six of the members of the Court “interceded for and on
behalf of persons with pending cases before the Tanodbayan,” or sought
“to pressure him to render decisions favorable to their colleagues and
friends;”
(c) That attempts were made to influence him to go slow on Zaldivar and
not to be too hard on him and to refrain from investigating the Commission
on Audit report on illegal disbursements in the Supreme Court because it
will embarrass the Court;
(d) That there were also attempts to cause the dismissal of cases against two
Associate Justices; and
(e) That the Court had dismissed judges’ without rhyme or reason’ and
disbarred lawyers ‘without due process.
3. It further appearing that three (3) affidavits relative to the purpose of and
circumstances attendant upon the notes written to said public respondent
by three (3) members of the Court have since been submitted to the Court
and now form part of its official records, the Court further Resolved to
require the Clerk of Court to ATTACH to this Resolution copies of said
sworn statements and the annexes thereto appended, and to DIRECT

respondent Gonzalez also to comment thereon within the same period of
ten (10) days.
4. It finally appearing that notice of the Resolution of February 16, 1988

addressed to respondent Gonzalez was misdelivered and therefore not
served on him, the Court Resolved to require the Clerk of Court to CAUSE
SERVICE of said Resolution on the respondent and to REQUIRE the latter
to comply therewith.
Respondent Gonzalez subsequently filed with this Court on 9 May 1988 an

Omnibus Motion for Extension and Inhibition 16 alleging, among other
things: that the above quoted 2 May 1988 Resolution of the Court “appears
to have overturned that presumption [of innocence] against him:” and that
“he gravely doubts whether that ‘cold neutrality [of an impartial judge] is
still available to him” there being allegedly “at least 4 members of this
Tribunal who will not be able to sit in judgment with substantial sobriety
and neutrality.” Respondent Gonzalez closed out his pleading with a
prayer that the four (4) Members of the Court Identified and referred to
there by him inhibit themselves in the deliberation and resolution of the
Motion to Cite in Contempt.
On 19 May 1988 17 after receipt of respondent’s Supplemental Motion for

Reconsideration. 18 this Court in an extended per
curiam Resolution 19 denied the Motion and Supplemental Motion for
Reconsideration. That denial was made “final and immediately executory.
Respondent Gonzalez has since then filed the following pleadings of record:
1. Manifestation with Supplemental Motion to Inhibition 20 dated 23 May

1988;
2. Motion to Transfer Administrative Procedures to the Integrated Bar of

the Philippines 21 dated 20 May 1988
3. Urgent Motion for Additional Extension of Time to File Explanation Ex

Abundante Cautelam, 22dated 26 May 1988;
4. Urgent Ex-Parte Omnibus Motion
(a) For Extension of Time
(b) For Inhibition and
(c) For Transfer of Administrative Proceedings to the IBP, Under Rule 139-
(c) For Transfer of Administrative Proceedings to the IBP, Under Rule 139-
B 23 dated 4 June 1988 (with Annex “A;” 24 an anonymous letter dated 27
May 1988 from the alleged Concerned Employees of the Supreme Court
and addressed to respondent):
5. Ex-Parte Manifestation 25 dated 7 June 1988;
6. Urgent Ex-Parte Motion for Reconsideration 26 1988; and
7. Urgent Ex-Parte Manifestation with Motion 27 member 1988.
In compliance with the 2 May 1988 Resolution of this Court quoted earlier,
respondent Gonzalez submitted on 17 June 1988 an Answer with
Explanation and Comment 28 offering respondent’s legal arguments and
defenses against the contempt and disciplinary charges presently pending
before this Court. Attached to that pleading as Annex “A” thereof was
respondent’s own personal Explanation/Compliance 29 second explanation
called “Compliance,” 30 with annexes, was also submitted by respondent
on 22 July 1988.
II
We begin by referring to the authority of the Supreme Court to discipline

officers of the court and members of the Bar. The Supreme Court, as
regulator and guardian of the legal profession, has plenary disciplinary
authority over attorneys. The authority to discipline lawyers stems from the
Court’s constitutional mandate to regulate admission to the practice of law,
which includes as well authority to regulate the practice itself of
law. 31 Quite apart from this constitutional mandate, the disciplinary
authority of the Supreme Court over members of the Bar is an inherent
power incidental to the proper administration of justice and essential to an
orderly discharge of judicial functions. 32 Moreover, the Supreme Court
has inherent power to punish for contempt, to control in the furtherance of
justice the conduct of ministerial officers of the Court including lawyers and
all other persons connected in any manner with a case before the
Court. 33 The power to punish for contempt is “necessary for its own
protection against an improper interference with the due administration of
justice,” “(it) is not dependent upon the complaint of any of the parties
litigant. 34
There are, in other words, two (2) related powers which come into play in
cases like that before us here; the Court’s inherent power to discipline
attorneys and the contempt power. The disciplinary authority of the Court
over members of the Bar is broader than the power to punish for contempt.
Contempt of court may be committee both by lawyers and non-lawyers,

both in and out of court. Frequently, where the contemnor is a lawyer, the
contumacious conduct also constitutes professional misconduct which calls
into play the disciplinary authority of the Supreme Court. 35 Where the
respondent is a lawyer, however, the Supreme Court’s disciplinary
authority over lawyers may come into play whether or not the misconduct
with which the respondent is charged also constitutes contempt of court.
The power to punish for contempt of court does not exhaust the scope of
disciplinary authority of the Court over lawyers. 36 The disciplinary
authority of the Court over members of the Bar is but corollary to the
Court’s exclusive power of admission to the Bar. A lawyer is not merely a
professional but also an officer of the court and as such, he is called upon to
share in the task and responsibility of dispensing justice and resolving
disputes in society. Any act on his part which visibly tends to obstruct,
pervert, or impede and degrade the administration of justice constitutes
both professional misconduct calling for the exercise of disciplinary action
against him, and contumacious conduct warranting application of the
contempt power.
It is sometimes asserted that in the exercise of the power to punish for

contempt or of the disciplinary authority of the Court over members of the
Bar, the Court is acting as offended party, prosecutor and arbiter at one
and the same time. Thus, in the present case, respondent Gonzalez first
sought to get some members of the Court to inhibit themselves in the
resolution of this case for alleged bias and prejudice against him. A little
later, he in effect asked the whole Court to inhibit itself from passing upon
the issues involved in this proceeding and to pass on responsibility for this
matter to the Integrated Bar of the Philippines, upon the ground that
respondent cannot expect due process from this Court, that the Court has
become incapable of judging him impartially and fairly. Respondent
Gonzalez misconceives the nature of the proceeding at bar as well as the
function of the members of the Court in such proceeding.
Respondent’s contention is scarcely an original one. In In Re

Almacen, 37 then Associate (later Chief) Justice Fred Fruiz Castro had
occasion to deal with this contention in the following lucid manner:
xxx xxx xxx
It is not accurate to say, nor is it an obstacle to the exercise of our authority in

the premises, that, as Atty. Almacen would have it appear, the members of the
Court are the ‘complainants, prosecutors and judges’ all rolled up into one in
this instance. This is an utter misapprehension, if not a total distortion, not
only of the nature of the proceeding at hand but also of our role therein.
Accent should be laid on the fact that disciplinary proceedings like the present
Accent should be laid on the fact that disciplinary proceedings like the present
are sui generis. Neither purely civil nor purely criminal, this proceeding is not
—and does not involve—a trial of an action or a suit, but is rather an
investigation by the Court into the conduct of its officers. Not being intended
to inflict punishment, it is in no sense a criminal prosecution. Accordingly,
there is neither a plaintiff nor a prosecutor therein. It may be initiated by the
Court motu proprio. Public interest is its primary objective, and the real
question for determination is whether or not the attorney is still a fit person
to be allowed the privileges as such. Hence, in the exercise of its disciplinary
powers, the Court merely calls upon a member of the Bar to account for his
actuations as an officer of the Court with the end in view of preserving the
purity of the legal profession and the property and honest administration of
justice by purging the profession of members who by their misconduct have
proved themselves no longer worthy to be entrusted with the duties and
responsibilities pertaining to the office of an attorney. In such posture, there
can thus be no occasion to speak of a complainant or a prosecutor.
Undeniably, the members of the Court are, to a certain degree, aggrieved

parties. Any tirade against the Court as a body is necessarily and inextricably
as much so against the individual members thereof But in the exercise of its
disciplinary powers, the Court acts as an entity separate and distinct from the
individual personalities of its members. Consistently with the intrinsic nature
of a collegiate court, the individual members act not as such individuals but
only as a duly constituted court. The distinct individualities are lost in the
majesty of their office. So that, in a very real sense, if there be any
complainant in the case at bar, it can only be the Court itself, not the
individual members thereof—as well as the people themselveswhose rights,
fortunes and properties, nay, even lives, would be placed at grave hazard
should the administration of justice be threatened by the retention in the
Bar of men unfit to discharge the solemn responsibilities of membership in
the legal fraternity.
Finally, the power to exclude persons from the practice of law is but a
necessary incident of the power to admit persons to said practice. By
constitutional precept, this power is vested exclusively in this Court. This
duty it cannot abdicate just as much as it cannot unilaterally renounce
jurisdiction legally invested upon it. So that even if it be conceded that the
members collectively are in a sense the aggrieved parties, that fact alone
does not and cannot disqualify them from the exercise of the power because
public policy demands that they, acting as a Court, exercise the power in all
cases which call for disciplinary action. The present is such a case. In the
end, the imagined anomaly of the merger in one entity of the personalities of
complainant, prosecutor and judge is absolutely inexistent.
xxx xxx xxx. 38
It should not be necessary for the members of this Court expressly to

disclaim any bias or prejudice against the respondent that would prevent
them from acting in accordance with the exacting requirements of their
oaths of office. It also appears to the Court that for all the members to
inhibit themselves from sitting on this case is to abdicate the responsibility
with which the Constitution has burdened them. Reference of complaints
against attorneys either to the Integrated Bar of the Philippines or to the
Solicitor General is not mandatory upon the Supreme Court; such reference
to the Integrated Bar of the Philippines or to the Solicitor General is
certainly not an exclusive procedure under the terms of Rule 139-B of the
Revised Rules of Court, especially where the charge consists of acts done
before the Supreme Court. There is no need for further investigation of facts
in the present case for it is not substantially disputed by respondent
Gonzalez that he uttered or wrote certain statements attributed to him. In
any case, respondent has had the amplest opportunity to present his
defense; his defense is not that he did not make the statements ascribed to
him but that those statements give rise to no liability on his part, having
been made in the exercise of his freedom of speech. The issues which thus
need to be resolved here are issues of law and of basic policy and the Court,
not any other agency, is compelled to resolve such issues.
III
It is necessary to become very explicit as to what respondent Gonzalez was

saying in his statements set out above. Respondent has not denied making
the above statements; indeed, he acknowledges that the newspaper reports
of the statements attributed to him are substantially correct. 39
Respondent Gonzalez was in effect saying, firstly, that the Supreme Court
deliberately rendered an erroneous or wrong decision when it rendered its
per curiam Decision dated 27 April 1988 in G.R. Nos. 79690-707 and 80578.
That decision according to respondent Gonzalez, was issued as an act of
retaliation by the Court against him for the position he had taken “that the
(Supreme Court) Justices cannot claim immunity from suit or investigation
by government prosecutors,” and in order to stop respondent from
investigating against “some of (the) proteges or friends (of some Supreme
Court Justices).” The Court cannot, of course, and will not debate the
correctness of its Decision of 27 April 1988 and of its Resolution dated 19
May 1988 (denying respondent Gonzalez Motion for Reconsideration) in
the consolidated Zaldivar cases. Respondent Gonzalez, and anyone else for
that matter, is free intellectually to accept or not to accept the reasoning of
the Court set out in its per curiam Decision and Resolution in the
consolidated Zaldivar cases. This should not, however, obscure the
seriousness of the assault thus undertaken by respondent against the Court
and the appalling implications of such assault for the integrity of the system
of administration of justice in our country. Respondent has said that the
Court rendered its Decision and Resolution without regard to the legal
merits of the Zaldivar cases and had used the judicial process to impose
private punishment upon respondent for positions he had taken (unrelated
to the Zaldivar cases) in carrying out his duties. It is very difficult to
imagine a more serious affront to, or a greater outrage upon, the honour
and dignity of this Court than this. Respondent’s statement is also totally
baseless. Respondent’s statements were made in complete disregard of the
fact that his continuing authority to act as Tanodbayan or Ombudsman
after the effectivity of the 1987 Constitution, had been questioned before
this Court as early as 10 September 1987 in the Petition for Certiorari,
Prohibition and mandamus filed against him in these consolidated
Petitions 40 that is, more than seven (7) months before the Court rendered
its Decision. Respondent also ignores the fact that one day later, this Court
issued a Temporary Restraining Order effective immediately ordering
the Sandiganbayan to cease and desist from hearing the criminal cases filed
against petitioner Zaldivar by respondent Gonzalez. Respondent also
disregards the fact that on 24 November 1987, upon the filing of a second
Petition for certiorari for Prohibition by Mr. Zaldivar, the Court issued a
Temporary Restraining Order this time requiring the respondent to cease
and desist from further acting in TBP Case No. 87-0934. Thus, the decision
finally reached by this Court in April 1988 on the constitutional law issue
pending before the Court for the preceding eight (8) months, could scarcely
have been invented as a reprisal simply against respondent.
A second charge that respondent Gonzalez hurled against members of the

Supreme Court is that they have improperly Id pressured” him to render
decisions favorable to their “colleagues and friends,” including dismissal of
“cases” against two (2) members of the Court. This particularly deplorable
charge too is entirely baseless, as even a cursory examination of the
contents of the handwritten notes of three (3) members of this Court
addressed to respondent (which respondent attached to his Motion for
Reconsideration of the Decision of this Court of 27 April 1988 in the
consolidated Petitions) win show. It is clear, and respondent Gonzalez does
not pretend otherwise, that the subject matters of the said notes had no
relation at all to the issues in G.R. Nos. 79690-707 and 80578. This charge
appears to have been made in order to try to impart some substance (at
least in the mind of respondent) to the first accusation made by respondent
that the Court had deliberately rendered a wrong decision to get even with
respondent who had, with great fortitude, resisted “pressure” from some
members of the Court. Once again, in total effect, the statements made by
respondent appear designed to cast the Court into gross disrepute, and to
cause among the general public scorn for and distrust in the Supreme
Court and, more generally, the judicial institutions of the Republic.
Respondent Gonzalez has also asserted that the Court was preventing him
Respondent Gonzalez has also asserted that the Court was preventing him
from prosecuting “rich and powerful persons,” that the Court was in effect
discrimination between the rich and powerful on the one hand and the poor
and defenseless upon the other, and allowing “rich and powerful” accused
persons to go “scot-free” while presumably allowing or affirming the
conviction of poor and small offenders. This accusation can only be
regarded as calculated to present the Court in an extremely bad light. It
may be seen as intended to foment hatred against the Supreme Court; it is
also suggestive of the divisive tactics of revolutionary class war.
Respondent, finally, assailed the Court for having allegedly “dismissed

judges ‘without rhyme or reason’ and disbarred lawyers ‘without due
process.’” The Court notes that this last attack is not without relation to the
other statements made by respondent against the Court. The total picture
that respondent clearly was trying to paint of the Court is that of an
“unjudicial” institution able and willing to render “clearly erroneous”
decisions by way of reprisal against its critics, as a body that acts arbitrarily
and capriciously denying judges and lawyers due process of law. Once
again, the purport of respondent’s attack against the Court as an institution
unworthy of the people’s faith and trust, is unmistakable. Had respondent
undertaken to examine the records ‘of the two (2) judges and the attorney
he later Identified in one of his Explanations, he would have discovered that
the respondents in those administrative cases had ample opportunity to
explain their side and submit evidence in support thereof. 41 He would
have also found that there were both strong reasons for and an insistent
rhyme in the disciplinary measures there administered by the Court in the
continuing effort to strengthen the judiciary and upgrade the membership
of the Bar. It is appropriate to recall in this connection that due process as a
constitutional precept does not, always and in all situations, require the
trial-type proceeding, 42 that the essence of due process is to be found in the
reasonable opportunity to be heard and to submit any evidence one may
have in support of one’s defense. 43 “To be heard” does not only mean
verbal arguments in court; one may be heard also through pleadings.
Where opportunity to be heard, either through oral arguments or
pleadings, is accorded, there is no denial of procedural due process. 44
As noted earlier, respondent Gonzalez was required by the Court to explain

why he should not be punished for contempt and/or subjected to
administrative discipline for making the statements adverted to above. In
his subsequent pleadings where he asked the full Court to inhibit itself and
to transfer the administrative proceedings to the Integrated Bar of the
Philippines, respondent made, among others, the following allegations:
(a) That the Members of the Court “should inhibit [themselves] in the
(a) That the Members of the Court “should inhibit [themselves] in the
contempt and administrative charges against the respondent, in the light of
the manifest prejudice and anger they hold against respondent as shown in
the language of the resolution on the Motion for Reconsideration;”
(b) That “the entire membership of the court has already lost that ‘cold
neutrality of an impartial judge’ [to] be able to allow fairness and due
process in the contempt citation as well as in the possible administrative
charge;
(c) That “respondent honestly feels that this court as angry and prejudiced
as it is, respondent has no china man’s chance to get fair hearing in the
contempt and possible administrative charges;”
(d) That one must consider “the milieu before this Tribunal with, perhaps
passion and obfuscation running riot;”
(e) That respondent, “after having been castigated with such venom by the
entire Court in its decision denying the Motion for Reconsideration, does
not have confidence in the impartiality of the entire Court” and that he
“funds it extremely difficult to believe that the members of this Tribunal
can still act with unbiased demeanor towards him;” and
(f) That “the Tribunal is determined to disbar [respondent] without due

process” and that a specified Member of the Court “has been tasked to be
the ponente, or at least prepare the decision.” (Underscoring in the original)
Thus, instead of explaining or seeking to mitigate his statements earlier

made, respondent sought to heap still more opprobrium upon the Court,
accusing it of being incapable of judging his acts and statements justly and
according to law. Once again, he paints this Court as a body not only
capable of acting without regard to due process but indeed determined so
to act. A grand design to hold up this Court to public scorn and disrespect
as an unworthy tribunal, one obfuscated by passion and anger at
respondent, emerges once more. It is very difficult for members of this
Court to understand how respondent Gonzalez could suppose that judges
on the highest tribunal of the land would be ready and willing to violate
their most solemn oath of office merely to gratify any imagined private
feelings aroused by respondent. The universe of the Court revolves around
the daily demands of law and justice and duty, not around respondent nor
any other person or group of persons.
Whether or not the statements made by respondent Gonzalez may

reasonably be regarded by this Court as contumacious or as warranting
exercise of the disciplinary authority of this Court over members of the Bar,
may best be assayed by examining samples of the kinds of statements

which have been held in our jurisdiction as constituting contempt or
otherwise warranting the exercise of the Court’s authority.
1. In Montecillo v. Gica, 45 Atty. Quirico del Mar as counsel for Montecillo,

who was accused in a slander case, moved to reconsider a decision of the
Court of Appeals in favor of the complainant with a veiled threat that he
should interpose his next appeal to the President of the Philippines. In his
Motion for Reconsideration, he referred to the provisions of the Revised
Penal Code on “knowingly rendering an unjust judgment,” and “judgment
rendered through negligence” and implied that the Court of Appeals had
allowed itself to be deceived. Atty. del Mar was held guilty of contempt of
court by the Court of Appeals. He then sued the three (3) justices of the
Court of Appeals for damages before the Court of First Instance of Cebu,
seeking to hold them liable for their decision in the appealed slander case.
This suit was terminated, however, by compromise agreement after Atty.
del Mar apologized to the Court of Appeals and the justices concerned and
agreed to pay moral damages to the justices. Atty. del Mar some time later
filed with this Court a Petition for Review on certiorari of a decision of the
Court of Appeals in a slander case. This Court denied the Petition for
Review. Atty. del Mar then filed a Motion for Reconsideration and
addressed a letter to the Clerk of the Supreme Court asking for the names
of the justices of this Court who had voted in favor of and those who had
voted against his Motion for Reconsideration. After his Motion for
Reconsideration was denied for lack of merit, Atty. del Mar filed a
Manifestation in this Court saying:
I can at this time reveal to you that, had your Clerk of Court furnished me
with certified true copies of the last two Resolutions of the Supreme Court
confirming the decision of the Court of Appeals in the case
entitled Francisco M. Gica vs. Jorge Montecillo, I would have filed against the
Justices supporting the same, civil and criminal suits as I did to the Justices of
the Court of Appeals who, rewarding the abhorent falsification committed by
Mr. Gica,reversed for him the decisions of the City Court and the Court of
First Instance of Cebu,not with a view to obtaining a favorable judgment
therein but for the purpose of exposing to the people the corroding evils extant
in our Government, so that they may well know them and work for their
extermination. (60 SCRA at 240;emphasis supplied)
Counsel was asked to explain why he should not be administratively dealt

with for making the above statements. In his additional explanation, Atty.
del Mar made the following statements:
… Graft, corruption and injustice are rampant in and outside of the

Government. It is this state of things that convinced me that all human
efforts to correct and/or reform the said evils will be fruitless and, as stated
in my manifestation to you, I have already decided to retire from a life of

militancy to a life of seclusion, leaving to God the filling up deficiencies. (60
SCRA at 242)
The Court suspended Atty. del Mar, “until further orders,” from the
practice of law saying:
… Respondent is utilizing what exists in his mind as state of graft,

corruption and injustice allegedly rampant in and outside of the
government as justification for his contemptuous statements. In other
words, he already assumed by his own contemptuous utterances that
because there is an alleged existence of rampant corruption, graft and
injustice in and out of the government, We, by Our act in G.R. No. L-
36800, are among the corrupt, the grafters and those allegedly committing
injustice. We are at a complete loss to follow respondent del Mar’s logic …
xxx xxx xxx
To aged brethren of the bar it may appear belated to remind them

that second only to the duty of maintaining allegiance to the Republic of the
Philippines and to support the Constitution and obey the laws of the
Philippines, is the duty of all attorneys to observe and maintain the respect
due to the courts of justice and judicial officers (Sec. 20 (b) Rule 138, Rules of
Court). But We do remind them of said duty to emphasize to their younger
brethren its paramount importance. A lawyer must always remember that
he is an officer of the court exercising a high privilege and serving in the
noble mission of administering justice.
xxx xxx xxx.
As already stated, the decision of the Court of Appeals in C.A G.R. No.
46504-R was based on its evaluation of the evidence on only one specific
issue. We in turn denied in G.R. No. L-36800 the petition for review on
certiorari of the decision because We found no reason for disturbing the
appellate court’s finding and conclusion. In both instances, both the Court
of Appeals and this Court exercised judicial discretion in a case under their
respective jurisdiction. The intemperate and imprudent act of respondent del
Mar in resorting to veiled threats to make both Courts reconsider their
respective stand in the decision and the resolution that spelled disaster for his
client cannot be anything but pure contumely for aid tribunals.
It is manifest that respondent del Mar has scant respect for the two highest
Court of the land when on the flimsy ground of alleged error in deciding a
case, he proceeded to challenge the integrity of both Courts by claiming that
they knowingly rendered unjust judgment. In short, his allegation is that they
acted with intent and malice, if not with gross ignorance of the law, in
disposing of the case of his client.
xxx xxx xxx
… To those who are in the practice of law and those who in the future will
choose to enter this profession, We wish to point to this case as a reminder for
them to imprint in their hearts and minds that an attorney owes it to himself
to respect the courts of justice and its officers as a fealty for the stability of our
democratic institutions. (60 SCRA at 242-247: emphasis supplied)
2. In Surigao Mineral Reservation Board v. Cloribel, 46 four (4) members of

the bar, acting as counsel for MacArthur International Minerals Company
were required by this Court to explain certain statements made in
MacArthur’s third Motion for Reconsideration:
d. …; and I the Supreme Court I has overlooked the applicable law due to
the mis-representation and obfuscation of the petitioners’ counsel. (Last
sentence, par. 1, Third Motion for Reconsideration dated Sept. 10, 1968).
e. … Never has any civilized democratic tribunal ruled that such a

gimmick (referring to the “right to reject any and all bids”) can be used by
vulturous executives to cover up and excuse losses to the public, a
government agency or just plain fraud … and it is thus difficult, in the light
of our upbringing and schooling, even under many of the incumbent
justices, that the Honorable Supreme Court intends to create a decision that
in effect does precisely that in a most absolute manner. (Second sentence,
par. 7, Third Motion for Reconsideration dated Sept. 10, 1968). (31 SCRA at
6)
They were also asked to explain the statements made in their Motion to
Inhibit filed on 21 September 1968 asking
Mr. Chief Justice Roberto Concepcion and Mr. Justice Fred Ruiz Castro to
inhibit themselves from considering, judging and resolving the case or any
issue or aspect thereof retroactive to January 11, 1967. The motion charges
“It that the brother of the Honorable Associate Justice Castro is a vice-
president of the favored party who is the chief beneficiary of the false,
erroneous and illegal decision dated January 31, 1968″ and the ex-
parte preliminary injunction rendered in the above-entitled case, the latter
in effect prejudging and predetermining this case even before the joining of
an issue. As to the Chief Justice, the motion states [t]hat the son of the
Honorable Chief Justice Roberto Concepcion was given a significant
appointment in the Philippine Government by the President a short time
before the decision of July 31, 1968 was rendered in this case. The
appointment referred to was as secretary of the newly-created Board of
Investments. The motion presents a lengthy discourse on judicial ethics, and
makes a number of side comments projecting what is claimed to be the
patent wrongfulness of the July 31, 1968 decision. It enumerates “incidents”
which, according to the motion, brought about respondent MacArthur’s

belief that unjudicial prejudice had been caused it and that there was
‘unjudicial favoritism’ in favor of ‘petitioners, their appointing authority
and a favored party directly benefited by the said decision
(31 SCRA at 6-7)
Another attorney entered his appearance as new counsel for MacArthur

and filed a fourth Motion for Reconsideration without leave of court, which
Motion contained the following paragraphs:
4. The said decision is illegal because it was penned by the Honorable Chief
Justice Roberto Concepcion when in fact he was outside the borders of the
Republic of the Philippines at the time of the Oral Argument of the above-
entitled case—which condition is prohibited by the New Rules of Court—
Section 1, Rule 51, and we quote: “Justices; who may take part—… . Only
those members present when any matter is submitted for oral argument
will take part in its consideration and adjudication … .” This requirement is
especially significant in the present instance because the member who
penned the decision was the very member who was absent for
approximately four months or more. This provision also applies to the
Honorable Justices Claudio Teehankee and Antonio Barredo.
xxx xxx xxx
6. That if the respondent MacArthur International Minerals Company

abandons its quest for justice in the Judiciary of the Philippine Government,
it will inevitably either raise the graft and corruption of Philippine
Government officials in the bidding of May 12, 1965, required by the
Nickel Law to determine the operator of the Surigao nickel deposits, to the
World Court on grounds of deprivation of justice and confiscation of
property and/or to the United States Government, either its executive or
judicial branches or both, on the grounds of confiscation of respondent’s
proprietary vested rights by the Philippine Government without either
compensation or due process of law and invoking the Hickenlooper
Amendment requiring the cutting off of all aid and benefits to the
Philippine Government, including the sugar price premium, amounting to
more than fifty million dollars annually, until restitution or compensation is
made.
(31 SCRA at 10-11)
Finding their explanations unsatisfactory, the Court, speaking through Mr.

Justice Sanchez, held three (3) attorneys guilty of contempt:
1. We start with the case of Atty. Vicente L. Santiago. In his third motion
for reconsideration, we, indeed, find language that is not to be expected of
an officer of the courts. He pictures petitioners as ‘vulturous executives.’ He
speaks of this Court as a ‘civilized, democratic tribunal,’ but by innuendo

would suggest that it is not.
In his motion to inhibit, his first paragraph categorizes our decision of July
31, 1968 as ‘false, erroneous and illegal’ in a presumptuous manner. He
then charges that the ex parte preliminary injunction we issued in this case
prejudiced and predetermined the case even before the joining of an
issue. He accuses in a reckless manner two justices of this Court for being
interested in the decision of this case: Associate Justice Fred Ruiz Castro,
because his brother is the vice president of the favored party who is the
chief beneficiary of the decision, and Chief Justice Roberto Concepcion,
whose son was appointed secretary of the newly-created Board of
Investments, ‘a significant appointment in the Philippine Government by
the President, a short time before the decision of July 31, 1968 was
rendered.’ In this backdrop, he proceeds to state that ‘it would seem that the
principles thus established [the moral and ethical guidelines for inhibition of
any judicial authority by the Honorable Supreme Court should first apply
to itself.' He puts forth the claim that lesser and further removed conditions
have been known to create favoritism, only to conclude that there is no
reason for a belief that the conditions obtaining in the case of the Chief
Justice and Justice Castro would be less likely to engender favoritism and
prejudice for or against a particular cause or party.' Implicit in this at least
is that the Chief Justice and Justice Castro are insensible to delicadeza, which
could make their actuation suspect. He makes it plain in the motion that
the Chief Justice and Justice Castro not only were not free from the
appearance of impropriety but did arouse suspicion that their relationship
did affect their judgment. He points out that courts must be above
suspicion at all times like Ceasar's wife, warns that loss of confidence for the
Tribunal or a member thereof should not be allowed to happen in our
country, 'although the process has already begun.
xxx xxx xxx
What is disconcerting is that Atty. Santiago's accusations have no basis in

fact and in law.The slur made is not limited to the Chief Justice and Mr.
Justice Castro. It sweepingly casts aspersion on the whole court. For,
inhibition is also asked if, we repeated any other justices who have received
favors or benefits directly or indirectly from any of the petitioners or any
members of any board-petitioner or their agents or principals, including the
president.'The absurdity of this posture is at once apparent. For one thing, the
justices of this Court are appointed by the President and in that sense may
be considered to have each received a favor from the President. Should
these justices inhibit themselves every time a case involving the
Administration crops up? Such a thought may not certainly be entertained.
The consequence thereof would be to paralyze the machinery of this Court.
We would in fact, be wreaking havoc on the tripartite system of
government operating in this country. Counsel is presumed to know this.

But why the unfounded charge? There is the not too-well concealed effort on
the part of a losing litigant's attorney to downgrade this Court.
The mischief that stems from all of the foregoing gross disrespect is easy to
discern. Such disrespect detracts much from the dignity of a court of justice.
Decidedly not an expression of faith, counsel's words are intended to create an
atmosphere of distrust, of disbelief.
xxx xxx xxx
The precepts, the teachings, the injunctions just recited are not unfamiliar to
lawyers. and yet, this Court finds in the language of Atty. Santiago a style
that undermines and degrades the administration of justice. The stricture in
Section 3 (d) of Rule 71 of the Rules against improper conduct tending to
degrade the administration of justice is thus transgressed. Atty. Santiago is
guilty of contempt of court.
xxx xxx xxx
Third. The motion contained an express threat to take the case to the World
Court and/or the United States government. It must be remembered that
respondent MacArthur at that time was still trying to overturn the decision
of this Court of July 31, 1968. In doing so, unnecessary statements were in
ejected. More specifically, the motion announced that McArthur 'will
inevitably ... raise the graft and corruption of the Philippine government
officials in the bidding of May 12, 1965 ... to the World Court' and would
invoke 'the Hickenlooper Amendment requiring the cutting off of all aid
and benefits to the Philippine Government, including the sugar price
premium, amount to more than fifty million dollars annually ...
This is a clear attempt to influence or bend the blind of this Court to decide
the case' in its favor. A notice of appeal to the World Court has even been
embodied in Meads return. There is a gross inconsistency between the
appeal and the move to reconsider the decision. An appeal from a decision
presupposes that a party has already abandoned any move to reconsider
that decision. And yet, it would appear that the appeal to the World Court is
being dangled as a threat to effect a change of the decision of this Court. Such
act has no aboveboard explanation.
xxx xxx xxx
The dignity of the Court, experience teaches, can never be protected where
infraction of ethics meets with complacency rather than punishment. The
people should not be given cause to break faith with the belief that a judge is
the epitome of honor amongst men. To preserve its dignity, a court of justice
should not yield to the assaults of disrespect. Punctilio of honor, we prefer to

think, is a standard of behavior so desirable in a lawyer pleading a cause before
a court of justice. (31 SCRA at 13-23; emphasis supplied)
3. In In re Almacen, supra, Atty. Vicente Raul Almacen, in protest against

what he asserted was "a great injustice committed against his client by the
Supreme Court," filed a Petition to Surrender Lawyer's Certificate of Title.
He alleged that his client was deeply aggrieved by this Court's "unjust
judgment," and had become "one of the sacrificial victims before the altar of
hypocrisy," saying that "justice as administered by the present members of
the Supreme Court [was) not only blind, but also deaf and dumb." Atty.
Almacen vowed to argue the cause of his client "in the people's forum" so
that "the people may know of this silent injustice committed by this Court'
and that "whatever mistakes, wrongs and injustices that were committed
[may] never be repeated.” Atty. Almacen released to the press the contents
of his Petition and on 26 September 1967, the “Manila Times” published
statements attributed to him as follows:
Vicente Raul Almacen, in an unprecedented petition, said he did not expose

the tribunal’s‘ unconstitutional and obnoxious’ practice of arbitrarily denying
petitions or appeals without any reason.
Because of the tribunal’s ‘short-cut justice.’ Almacen deplored, his client was
condemned to pay P120,000, without knowing why he lost the case.
xxx xxx xxx
There is no use continuing his law practice, Almacen said in this

petition, ‘where our Supreme Court is composed of men who are calloused to
our pleas of justice, who ignore without reason their own applicable decisions
and commit culpable violations of the Constitution with impunity.’
xxx xxx xxx
He expressed the hope that by divesting himself of his title by which he

earns his living, the present members of the Supreme Court ‘will become
responsible to all cases brought to its attention without discrimination, and
will purge itself of those unconstitutional and obnoxious “lack of merit’ or
“denied resolutions. (31 SCRA at 565566; emphasis supplied)
Atty. Almacen was required by this Court to show cause why disciplinary
action should not be taken against him. His explanation, which in part
read:
xxx xxx xxx
The phrase, Justice is blind is symbolized in paintings that can be found in

The phrase, Justice is blind is symbolized in paintings that can be found in

all courts and government offices. We have added only two more symbols,
that it is also deaf and dumb. Deaf in the sense that no members of this
Court has ever heard our cries for charity, generosity, fairness,
understanding, sympathy and for justice; dumb in the sense, that inspire of
our beggings, supplications, and pleadings to give us reasons why our
appeals has been DENIED, not one word was spoken or given … We refer
to no human defect or ailment in the above statement. We only described
the impersonal state of Things and nothing more.
xxx xxx xxx
As we have stated, we have lost our faith and confidence in the members of
this Court and for which reason we offered to surrender our lawyer’s
certificate, IN TRUST ONLY. Because what has been lost today may be
regained tomorrow. As the offer was intended as our self-imposed sacrifice,
then we alone may decide as to when we must end our self- sacrifice. If we
have to choose between forcing ourselves to have faith and confidence in the
members of the Court but disregard our Constitution and to uphold the
Constitution and be condemned by the members of this Court, there is no
choice, we must uphold the latter. (31 SCRA at 572; emphasis supplied)
was found by the Court to be “undignified and cynical” and rejected. The
Court indefinitely suspended Almacen from the practice of law holding,
through Mr. Justice Fred Ruiz Castro, that Almacen had exceeded the
boundaries of “fair criticism.”
4. In Paragas V. Cruz, 47 Counsel, whose Petition for Certiorari ran was

dismissed by this Court, made the following statements in his Motion for
Reconsideration:
The petitioner respectfully prays for a reconsideration of the resolution of

this Honorable Court dated April 20,1966 on the ground that it constitutes a
violation of Section 14 of Rule 11 2 of the Rules of Court promulgated by
this very Hon. Supreme Court, and on the further ground that it is
likewise a violation of the most important right in the Bill of Rights of the
Constitution of the Philippines, a culpable violation which is a ground for
impeachment.
… The rule of law in a democracy should always be upheld and protected

by all means, because the rule of law creates and preserves peace and order
and gives satisfaction and contentment to all concerned. But when the laws
and the rules are violated, the victims resort, sometimes, to armed force and to
the ways of the cavemen We do not want Verzosa and Reyes repeated again
and again, killed in the premises of the Supreme Court and in those of the
City Hall of Manila. Educated people should keep their temper under
control at all times! But justice should be done to all concerned to

perpetuate the very life of Democracy on the face of the earth. (14 SCRA at
810; emphasis supplied)
The Court considered the above statements as derogatory to the dignity of

the Court and required counsel to show cause why administrative action
should not be taken against him. Counsel later explained that he had
merely related factual events (i.e., the killing of Verzosa and Reyes) and to
express his desire to avoid repetition of such acts. The Court, through Mr.
Justice J.B.L. Reyes, found these explanations unsatisfactory and the above
statements contumacious.
… The expressions contained in the motion for reconsideration …

are plainly contemptuous and disrespectful, and reference to the recent
killing of two employees is but a covert threat upon the members of the
Court. … That such threats and disrespectful language contained in a
pleading filed in courts are constitutive of direct contempt has been repeatedly
decided(Salcedo vs. Hernandez, 61 Phil. 724; People vs. Venturanza, 52 Off.
Gaz. 769; Medina vs. Rivera, 66 Phil. 151; De Joya vs. Court of First
Instance of Rizal, 1, 9785, September 19,1956; Sison vs. Sandejas L- 9270,
April 29,1959; Lualhati vs. Albert, 57 Phil. 86). What makes the present case
more deplorable is that the guilty party is a member of the bar; for, as
remarked in People vs. Carillo, 77 Phil. 580-
Counsel should conduct himself towards the judges who try his cases with
that courtesy all have a right to expect. As an officer of the court, it is his
sworn and moral duty to help build and not destroy unnecessarily that high
esteem and regard towards the courts so essential to the proper administration
of justice.
It in light and plausible that an attorney in defending the cause and rights
of his client, should do so with all the fervor and energy of which he is
capable, but it is not, and never will be so, for him to exercise said right by
resorting to intimidation or proceeding without the propriety and respect
which the dignity of the courts require. (Salcedo vs. Hernandez, [In re
Francisco], 61 Phil. 729)’ (1 4 SCRA at 811-812; emphasis supplied)
5. In In re Sotto, 48 a newspaper reporter, Mr. Angel Parazo, invoking the

Press Freedom Law, refused to divulge the source of the news item which
carried his by-line and was sent to jail for so refusing. Atty. Vicente Sotto, a
senator and author of said law, caused the publication of the following item
in a number of daily newspapers in Manila:
As author of the Press Freedom Law (Republic Act No. 53), interpreted by
the Supreme Court in the case of Angel Parazo, reporter of a local daily,
who now has to suffer 30 days imprisonment, for his refusal to divulge the
source of a news published in his paper, I regret to say that our High
Tribunal has not only erroneously interpreted said law, but that it is once
more putting in evidence the incompetency or narrow mindedness of the
majority of its members. In the wake of so many blunders and injustices
deliberately committed during these last years, I believe that the only remedy
to put an end to so much evil, is to change the members of the Supreme
Court. To this effect, I announce that one of the first measures, which I will
introduce in the coming congressional sessions, will have as its object the
complete reorganization of the Supreme Court. As it is now constituted, the
Supreme Court of today constitutes a constant peril to liberty and
democracy. It need be said loudly, very loudly, so that even the deaf may
hear: The Supreme Court of today is a far cry from the impregnable
bulwark of Justice of those memorable times of Cayetano Arellano,
Victorino Mapa, Manuel Araullo and other learned jurists who were the
honor and glory of the Philippine Judiciary. (82 Phil. at 597-598; emphasis
supplied)
In finding Atty. Sotto in contempt, despite his avowals of good faith and his
invocation of the constitutional guarantee of free speech and in requiring
him to show cause why he should not be disbarred, the Court, through Mr.
Justice Feria, said-
To hurl the false charge that this Court has been for the last years
committing deliberately so many blunders and injustices that is to say, that
it has been deciding in favor of one party knowing that the law and justice is
on the part of the adverse party and not on the one in whose favor the decision
was rendered, in many cases decided during the last years, would tend
necessarily to undermine the coincidence of the people in the honesty and
integrity of the members of this Court, and consequently to lower and degrade
the administration of justice by this Court. The Supreme Court of the
Philippines is, under the Constitution, the last bulwark to which the Filipino
people may repair to obtain relief for their grievances or protection of their
rights when these are trampled upon, and if the people lose their confidence
in the honesty and integrity of the members of this Court and believe that
they cannot expect justice therefrom, they might be driven to take the law
into their hands, and disorder and perhaps chaos might be the result. As a
member of the bar and an officer of the courts Atty. Vicente Sotto, like any
other, is in duty bound to uphold the dignity and authority of this Court, to
which he owes fidelity according to the oath he has taken as such attorney, and
not to promote distrust in the administration of justice. Respect to the courts
guarantees the stability of other institutions, which without such guaranty
would be resting on a very shaky foundation. (82 Phil. at 601-602; emphasis
supplied)
6. In Salcedo v. Hernandez, 49 Atty. Vicente Francisco filed a Motion before

6. In Salcedo v. Hernandez, 49 Atty. Vicente Francisco filed a Motion before

the Supreme Court which contained the following paragraph (in
translation):
We should like frankly and respectfully to make it of record that the

resolution of this court, denying our motion for reconsideration, is
absolutely erroneous and constitutes an outrage to the rights of the petitioner
Felipe Salcedo and a mockery of the popular will expressed at the polls in the
municipality of Tiaong, Tayabas. We wish to exhaust all the means within
our power in order that this error may be corrected by the very court which
has committed it, because we should not want that some citizen,
particularly some voter of the municipality of Tiaong, Tayabas, resort to the
press publicly to denounce, as he has a right to do, thejudicial outrage of
which the herein petitioner has been the victim, and because it is our utmost
desire to safeguard the prestige of this honorable court and of each and
every member thereof in the eyes of the public. But, at the same time we
wish to state sincerely that erroneous decisions like these, which the affected
party and his thousands of voters will necessarily consider unjust, increase the
proselytes of sakdalism and make the public lose confidence in the
administration of justice. (61 Phil. at 726; emphasis supplied)
When required by the Court to show cause why he should not be declared
in contempt, Atty. Francisco responded by saying that it was not contempt
to tell the truth. Examining the statements made above, the Court held:
… [they] disclose, in the opinion of this court, an inexcusable disrespect of the

authority of the court and an intentional contempt of its dignity, because the
court is thereby charged with no less than having proceeded in utter disregard
of the laws, the rights of the parties, and of the untoward consequences, or
with having abused its power and mocked and flouted the rights of Attorney
Vicente J. Francisco’s client, because the acts of outraging and mocking
from which the words ‘outrage’ and mockery’ used therein are derived,
means exactly the same as all these, according to the Dictionary of the
Spanish Language published by the Spanish Academy (Dictionary of the
Spanish Language, 15th ed., pages 132-513).
The insertion of the phrases in question in said motion of Attorney Vicente J.

Francisco, for many years a member of the Philippine bar, was neither
justified nor in the least necessary, because in order to call the attention of
the court in a special way to the essential points relied upon in his argument
and to emphasize the force thereof, the many reasons stated in his said
motion were sufficient and the phrases in question were superfluous. In
order to appeal to reason and justice, it is highly improper and amiss to make
trouble and resort to threats, as Attorney Vicente J. Francisco has done,
because both means are annoying and good practice can ever sanction them by
reason of their natural tendency to disturb and hinder the free exercise of a
serene and impartial judgment, particularly in judicial matters, in the
consideration of questions submitted for resolution.
There is no question that said paragraph of Attorney Vicente J. Francisco’s

motion contains a more or less veiled threat to the court because it is
insinuated therein, after the author shows the course which the voters of
Tiaong should follow in case he fails in his attempt, that they will resort to
the press for the purpose of denouncing, what he claims to be a judicial
outrage of which his client has been the victim; and because he states in a
threatening manner with the intention of predisposing the mind of the reader
against the court, thus creating an atmosphere of prejudices against it in order
to make it odious in the public eye, that decisions of the nature of that
referred to in his motion to promote distrust in the administration of justice
and increase the proselytes of sakdalism a movement with seditious and
revolutionary tendencies the activities of which, as is of public knowledge,
occurred in this country a few days ago. This cannot mean otherwise than
contempt of the dignity of the court and disrespect of the authority thereof on
the part of Attorney Vicente J. Francisco, because he presumes that the court is
so devoid of the sense of justice that, if he did not resort to intimidation, it
would maintain its error notwithstanding the fact that it may be proven,
with good reasons, that it has acted erroneously.
As a member of the bar and an officer of this court, Attorney Vicente J.

Francisco, as any attorney, is in duty bound to uphold its dignity and
authority and to defend its integrity, not only because it had conferred upon
him the high privilege, not a right (Malcolm, Legal Ethics, 158 and 160), of
being what he now is: a priest of justice (In re Thatcher, 80 Ohio St., Rep.,
492, 669), but also because in so doing, he neither creates nor promotes
distrust in the administration of justice, and prevents anybody from
harboring and encouraging discontent which, in many cases, is the source
of disorder, thus undermining the foundation upon which rests that
bulwark called judicial power to which those who are aggrieved turn for
protection and relief (61 Phil. at 727-728; emphasis supplied)
It should not be supposed that the six (6) cases above discussed exhaust our
case law on this matter. In the following cases, among others, the Supreme
Court punished for contempt or administratively disciplined lawyers who
had made statements not very different from those made in the cases
discussed above:
1) In re Wenceslao Laureta, 148 SCRA 382 (1987);
2) Borromeo v. Court of appeals, 87 SCRA 67 (1978);
3) Rheem of the Philippines v. Ferrer, 20 SCRA 441 (1967);
4) Malolos v. Reyes, 1 SCRA 559 (1961);
5) De Joya, et al. v. Court of First Instance of Rizal, Pasay City Branch, 99

Phil. 907 (1956);
6) People v. Venturanza, et al., 98 Phil. 211 (1956);
7) In re Suzano A. Velasquez, per curiam Resolution (unreported),

Promulgated 29 April 1955;
8) Cornejo v. Tan, 85 Phil. 772 (1950);
9) People v. Carillon, 77 Phil. 572 (1946);
10) Intestate Estate of Rosario 0lba; Contempt Proceedings against Antonio

Franco, 67 Phil. 312 (1939); and
11) Lualhati v. Albert, 57 Phil. 86 (1932).
Considering the kinds of statements of lawyers discussed above which the

Court has in the past penalized as contemptuous or as warranting
application of disciplinary sanctions, this Court is compelled to hold that the
statements here made by respondent Gonzalez clearly constitute contempt
and call for the exercise of the disciplinary authority of the Supreme Court.
Respondent’s statements, especially the charge that the Court deliberately
rendered an erroneous and unjust decision in the Consolidated Petitions,
necessarily implying that the justices of this Court betrayed their oath of
office, merely to wreak vengeance upon the respondent here, constitute the
grossest kind of disrespect for the Court. Such statements very clearly
debase and degrade the Supreme Court and, through the Court, the entire
system of administration of justice in the country. That respondent’s
baseless charges have had some impact outside the internal world of
subjective intent, is clearly demonstrated by the filing of a complaint for
impeachment of thirteen (13) out of the then fourteen (14) incumbent
members of this Court, a complaint the centerpiece of which is a repetition
of the appalling claim of respondent that this Court deliberately rendered a
wrong decision as an act of reprisal against the respondent.
IV
The principal defense of respondent Gonzalez is that he was merely

exercising his constitutional right of free speech. He also invokes the related
doctrines of qualified privileged communications and fair criticism in the
public interest.
Respondent Gonzalez is entitled to the constitutional guarantee of free

speech. No one seeks to deny him that right, least of all this Court. What
respondent seems unaware of is that freedom of speech and of expression,
like all constitutional freedoms, is not absolute and that freedom of

expression needs on occasion to be adjusted to and accommodated with the
requirements of equally important public interests. One of these
fundamental public interests is the maintenance of the integrity and orderly
functioning of the administration of justice. There is no antinomy between
free expression and the integrity of the system of administering justice. For
the protection and maintenance of freedom of expression itself can be
secured only within the context of a functioning and orderly system of
dispensing justice, within the context, in other words, of viable independent
institutions for delivery of justice which are accepted by the general
community. As Mr. Justice Frankfurter put it:
… A free press is not to be preferred to an independent judiciary, nor an

independent judiciary to a free press. Neither has primacy over the other;
both are indispensable to a free society. The freedom of the press in itself
presupposes an independent judiciary through which that freedom may, if
necessary be vindicated. And one of the potent means for assuring judges
their independence is a free press. 50
Mr. Justice Malcolm of this Court expressed the same thought in the
following terms:
The Organic Act wisely guarantees freedom of speech and press. This
constitutional right must be protected in its fullest extent. The Court has
heretofore given evidence of its tolerant regard for charges under the Libel Law
which come dangerously close to its violation. We shall continue in this
chosen path. The liberty of the citizens must be preserved in all of its
completeness. But license or abuse of liberty of the press and of the citizens
should not be confused with liberty ill its true sense. As important as is the
maintenance of an unmuzzled press and the free exercise of the rights of the
citizens is the maintenance of the independence of the Judiciary. Respect for
the Judiciary cannot be had if persons are privileged to scorn a resolution of
the court adopted for good purposes, and if such persons are to be
permitted by subterranean means to diffuse inaccurate accounts of
confidential proceedings to the embarassment of the parties and the
courts. 51 (Emphasis supplied)
Only slightly (if at all) less important is the public interest in the capacity of
the Court effectively to prevent and control professional misconduct on the
part of lawyers who are, first and foremost, indispensable participants in
the task of rendering justice to every man. Some courts have held,
persuasively it appears to us, that a lawyer’s right of free expression may
have to be more limited than that of a layman. 52
It is well to recall that respondent Gonzalez, apart from being a lawyer and
It is well to recall that respondent Gonzalez, apart from being a lawyer and
an officer of the court, is also a Special Prosecutor who owes duties of
fidelity and respect to the Republic and to this Court as the embodiment
and the repository of the judicial power in the government of the Republic.
The responsibility of the respondent “to uphold the dignity and authority of
this Court’ and “not to promote distrust in the administration of justice 53 is
heavier than that of a private practicing lawyer.
Respondent Gonzalez claims to be and he is, of course, entitled to criticize

the rulings of this Court, to point out where he feels the Court may have
lapsed into error. Once more, however, the right of criticism is not
unlimited. Its limits were marked out by Mr. Justice Castro in In re
Almacen which are worth noting
But it is the cardinal condition of all such criticism that it shall be bona fide
and shall not spill over the walls of decency and propriety. A wide chasm
exists between fair criticism, on the one hand, and abuse and slander of
courts and the judges thereof, on the other. Intemperate and unfair criticism
is a gross violation of the duty of respect to courts. It is such a misconduct that
subjects a lawyer to disciplinary action.
The lawyer’s duty to render respectful subordination to the courts is essential

to the orderly administration of justice. Hence, in the assertion of their
clients’ rights, lawyers even those gifted with superior intellect are enjoined
to rein up their tempers.
xxx xxx xxx 54
(Emphasis supplied)
The instant proceeding is not addressed to the fact that respondent has
criticized the Court; it is addressed rather to the nature of that criticism or
comment and the manner in which it was carried out.
Respondent Gonzalez disclaims an intent to attack and denigrate the Court.

The subjectivities of the respondent are irrelevant so far as characterization
of his conduct or misconduct is concerned. He will not, however, be allowed
to disclaim the natural and plain import of his words and acts. 55 It is upon
the other hand, not irrelevant to point out that respondent offered no
apology in his two (2) explanations and exhibited no repentance. 56
Respondent Gonzalez also defends himself contending that no injury to the

judiciary has been shown, and points to the fact that this Court denied his
Motion for Reconsideration of its per curiam Decision of 27 April 1988 and
reiterated and amplified that Decision in its Resolution of 19 May 1988. In
the first place, proof of actual damage sustained by a court or the judiciary
in general is not essential for a finding of contempt or for the application of

the disciplinary authority of the Court. Insofar as the Consolidated Petitions
are concerned, this Court after careful review of the bases of its 27 April
1988 Decision, denied respondent’s Motion for Reconsideration thereof and
rejected the public pressures brought to bear upon this Court by the
respondent through his much publicized acts and statements for which he
is here being required to account. Obstructing the free and undisturbed
resolution of a particular case is not the only species of injury that the Court
has a right and a duty to prevent and redress. What is at stake in cases of
this kind is the integrity of the judicial institutions of the country in general
and of the Supreme Court in particular. Damage to such institutions might
not be quantifiable at a given moment in time but damage there will surely
be if acts like those of respondent Gonzalez are not effectively stopped and
countered. The level of trust and confidence of the general public in the
courts, including the court of last resort, is not easily measured; but few will
dispute that a high level of such trust and confidence is critical for the
stability of democratic government.
Respondent Gonzalez lastly suggests that punishment for contempt is not

the proper remedy in this case and suggests that the members of this Court
have recourse to libel suits against him. While the remedy of libel suits by
individual members of this Court may well be available against respondent
Gonzalez, such is by no means an exclusive remedy. Moreover, where, as in
the instant case, it is not only the individual members of the Court but the
Court itself as an institution that has been falsely attacked, libel suits cannot
be an adequate remedy. 57
The Court concludes that respondent Gonzalez is guilty both of contempt

of court in facie curiae and of gross misconduct as an officer of the court and
member of the Bar.
ACCORDINGLY, the Court Resolved to SUSPEND Atty. Raul M.

Gonzalez from the practice of law indefinitely and until further orders from
this Court, the suspension to take effect immediately.
Let copies of this Resolution be furnished the Sandiganbayan, the

Ombudsman, the Secretary of Justice, the Solicitor General and the Court
of Appeals for their information and guidance.
Fernan C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr., Cruz, Paras, Feliciano,

Gancayco, Padilla, Bidin, Sarmiento, Cortes, Griño-Aquino, Medialdea and
Regalado, JJ., concur.
READ CASE
http://uber2002.wordpress.com/2012/06/25/zaldivar-vs-gonzalez/ DIGEST HERE 31/37

gonzalez/).
Footnotes
1 Rollo of G.R. Nos. 79690-707, pp. 98-111, Annex “H-1 ” of Petition
2 Id., pp. 126-129, Annex “I” of Petition.
3 Rollo of G.R. No. 80578, pp. 28-38, Annex “B” of Petition.
4 Id., P. 39.
5 Id., P. 48.
6 Id., pp. 57-58, Information.
7 Id., pp. 59-60.
8 Id., pp. 51-56.
9 Id., pp. 75-94.
10 Id., p. 96.
11 Id., pp. 98-106.
12 Id., p. 117.
13 Id pp. 123-129.
14 Id., pp. 131-135.
15 Id., P. 136.
16 Id., pp. 168-170.
17 A Constancia was also filed be respondent on this day arguing the merits
of his motion and supplemental motion for reconsideration.
18 Rollo of G.R. No. 80578, pp. 172-178.
19 Id., pp. 179-188.
20 Id., pp. 193-206.
21 Id., pp. 208-210.

22 Id., pp. 211-216.
23 Id., pp. 218-224.
24 Id., p. 225.
25 Id., p. 227.
26 Id., pp. 228-229.
27 Id., pp. 348-352.
28 Id pp. 235-278.
29 Id., pp. 279-301.
30 Id., pp. 314-321.
31 Article VIII, Section 5 (5) of the 1987 Constitution and Rule 138, Sections
27, 28 and 29, Revised Rules of Court.
32 Rule 71, Section 3 (d) Revised Rules of Court; Halili vs. Court of
Industrial Relations. 136 SCRA 112 (1985); Montalban vs. Canonoy, 38
SCRA, 971 Commissioner of Immigration vs. Cloribel, 20 SCRA 1241
(1967); Slade Perkins vs. Director of Prisons, 58 Phil. 271 (1953); In re
Vicente Pelaez, 44 Phil. 567 (1923);
33 In re Kelly, 35 Phil. 944 (1916). 33 In Re Kelly, supra; In Re Severino

Lozano and Anastacio Quevedo, 54 Phil. 801 (1930); In Re Vicente Pelaez,
supra; Slade Perkins v. Director of Prisons, supra; and In Re Vicente Sotto,
82 Phil. 595 (1949).
34 Halili vs. Court of Industrial Relations, supra; Andres vs. Cabrera, 127
SCRA 802 (1984); Montalban vs. Canonoy, supra; Commissioner of
Immigration vs. Cloribel, supra; Herras Teehankee v. Director of Prisons, 76
Phil. 630 (1946).
35 See Section 3 (a), (c) and (d), Rule 71 and Section 27, Rule 138, Revised
Rules of Court.
36 The same rule obtains in other jurisdictions, E.g., In re Isserman, 87 A.

2d 903 (1951) certificate denied Isserman v. Ethics Committee of Essex
County Bar Assn., 345 U.S. 927, 97 L. Ed. 1357 (1953):
… The right or power of suspension or disbarment is different and distinct

from the power to punish for contempt, and the exercise of the power to
punish for contempt does not prevent disbarment.
37 31 SCRA 564 (1970).

38 31 SCRA at 598-602. The same contention was made and rejected or

disregarded in e.g., De Joya, et al. v. Court of First Instance of Rizal, 99 Phil.
907 (1956).
39 Answer with Explanation and Comment, Annex A pp. 7-1 0.
40 The question was raised by petitioner Zaldivar even earlier, on 27

August 1987, before the Sandiganbayan in a Motion to Quash in Criminal
Cases Nos. 12159-12177.
41 See Prudential Bank v. Judge Jose P. Castro and Atty. Benjamin M.

Grecia Adm. Case No. 2756, prom. November 12,1987; Consolidated Bank
v. Hon. Dionisio M. Capistrano, etc., Adm. Matter No. RTJ, prom. March
18,1988.
42 Torres v. Gonzales, 152 SCRA 272 (1987).
43 Tajonera v. Lamaroza, 110 SCRA 438 (1981); and Richards v. Asoy 152
SCRA 45 (1987).
44 Juanita Yap Say, et al. v. Intermediate Appellate Court, G.R. No. 73451,
March 28,1988.
45 60 SCRA 234 (1974).
46 31 SCRA 1 (1970).
47 14 SCRA 809 (1965).
48 82 Phil. 595 (1949).
49 61 Phil. 724 (1935).
50 Concurring in Pennekamp v. Florida, 328 U.S. 331 at 354-356 (1946).
51 In Re Severino Lozano and Anastacio Quevedo, 54 Phil. 801 at 807

(1930).
52 In the Matter of the Citation of Atty. C.A. Frerichs 238 N.W. 2d 764
(1976), respondent attorney charged the Supreme Court of Iowa with
willfully avoiding constitutional questions raised by him thus violating the
constitutional rights of his clients. In answering the citation for contempt,
respondent argued that he was merely fulfilling his duty to be critical and
exercising his freedom of expression. The Supreme Court of Iowa said:
A lawyer, acting in a professional capacity, may have some fewer rights of

free speech than would a private citizen. As was well explained in In re
Woodward, 300 S.W. 2d 385. 393-394 Mo. 1957):
…Neither the right of free speech nor the right to engage in “political”
activities can be so construed or extended as to permit any such liberties to
a member of the bar; respondent’s action was in express and exact
contradiction of his duties as a lawyer. A layman may, perhaps, pursue his
theories of free speech or political activities until he runs afoul of the
penalties of libel or slander, or into some infraction of our statutory law. A
member of the bar can, and will, be stopped at the point where he infringes
our Canons of Ethics; and if he wishes to remain a member of the bar he
will conduct himself in accordance therewith. … .
The United States Supreme Court had before it an attorney disciplinary

proceeding in In re Sawyer, 360 U.S. 622, 79 S. Ct. 1376. 3 L. ED. 2d 1473
(1959). On the “free speech” issue respondent raises here, Mr. Justice
Stewart, concurring in result, clearly was speaking for at least five members
of the court when he said:
…..A lawyer belongs to a profession with inherited standards of propriety

and honor, which experience has shown necessary in a calling dedicated to
the accomplishment of justice. He who would follow that calling must
conform to those standards.
Obedience to ethical precepts may require abstention from what in other

circumstances might be constitutionally protected speech. … .”‘ (238 N.W.
2d at 769; italics supplied)
In In re Raggio 487 P. 2d 499 (1971), the Supreme Court of Nevada said:
We are never surprised when persons, not ultimately involved with the
administration of justice, speak out in anger or frustration about our work
and the manner in which we perform it, and shall protect their right to so
express themselves. A member of the bar, however, stands in a different
position by reason of his oath of office and standards of conduct which he is
sworn to uphold conformity with those standards has proven essential to
the administration of justice in our courts.” … .”((487 P.2d at 5OO-501;
emphasis supplied)
53 In re Sotto, 82 Phil. 595 at 602 (1949).
54 SCRA at 580-581.
55 Borromeo v. Court of Appeals, 87 SCRA 67 (1978).
56 Subsequent public statements and acts of respondent Gonzalez fully

document the lack of repentance and the absence of bonafides so essential
for legitimate criticism and fair comment. E.g., he repeated before a
Committee of the House of Representative his charge that the Court was
promoting “unequal opportunity (for) justice in the country” by issuing
restraining orders against criminal prosecution of “big cases” (Daily Globe,

May 4, 1988; Evening Star, May 4, 1988). He threatened personally to file
impeachment proceeding against three (3) members of the Court whom he
had accused of “pressuring” him to render decisions favorable to their
friends (Philippine Star, May 4, 1988). He accused the Court of
“malversation of public funds” for using “public funds” to pay premiums
on “private [group hospitalization] insurance policies” of its members
(Manila Chronicle, May 4, 1988). He asserted that four (4) members of the
Court could not dispense justice to him with “the cold neutrality of an
impartial judge” (Malaya, May 6, 1988; Manila Chronicle, May 10, 1988).
57 This was underscored by then Mr. Justice Moran in his dissenting

opinion in People v. Alarcon It might be suggested that judges who are
unjustly attacked have a remedy in action for libel. This suggestion has,
however, no rational basis in principle. In the first place, the outrage is not
directed to the judge as a private individual but to the judge as such or to
the court as an organ of the administration of justice. In the second place,
public interests will gravely suffer where the judge, as such, will, from time
to time, be pulled down and disrobed of his judicial authority to face his
assailant on equal grounds and prosecute cases in his behalf as a private
individual. The same reasons of public policy which exempt a judge from
civil liability in the exercise of his judicial functions, most fundamental of
which is the policy to confine his time exclusively to the discharge of his
public duties, applies here with equal, if not superior, force. … (69 Phil. 265
at 278 [1939]).

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Date : June 25, 2012

Tags: 166 SCRA 316, case brief, case digests, code of professional
responsibility, contempt, Contemptuous Language, disbarment, Duty
of a Lawyer, Enrique Zaldivar vs Raul Gonzalez, G.R. Nos. 79690-707,
Jurisprudence, Legal Ethics, suspension, zaldivar vs gonzalez
Categories : Jurisprudence, Legal Ethics, Legal Profession, SCRA
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Republic of the Philippines

G.R. Nos. 79690-707 October 7, 1988

ENRIQUE A. ZALDIVAR, petitioner,

G.R. No. 80578 October 7, 1988

ENRIQUE A. ZALDIVAR, petitioner,

Tanodbayan-Ombudsman ombudsman under the 1987 Constitution,

The following are the subjects of this Resolution:

1) a Motion, dated 9 February 1988, to Cite in Contempt filed by petitioner

The pertinent facts are as follows:

Petitioner Zaldivar is one of several defendants in Criminal Cases

On 10 September 1987, petitioner filed with this Court a Petition for

On 11 September 1987, this Court issued a Resolution, which read:

G.R. Nos. 79690-707 (Enrique A.

G.R. Nos. 79690-707 (Enrique A. Zaldivar vs. The Honorable

The Court further Resolved to ISSUE a TEMPORARY RESTRAINING

The parties later filed their respective pleadings.

In a Resolution dated 24 November 1987, 4 this Court, without giving due

In the meantime, however, on 20 November 1987 or four (4) days prior to

Acting on the manifestation with motion to treat the Sandiganbayan as

On 9 February 1988, petitioner Zaldivar filed with the Court a Motion to

Tanod Scores SC for Quashing Graft Case

TANODBAYAN Justice Raul M. Gonzalez said yesterday the Supreme

Zaldivar had charged that Gonzalez was biased in his investigations

Acting on Zaldivar’s petition, the high court stopped Gonzalez from

Acting on petitioner’s Motion to Cite in Contempt, the Court on 16

Acting on petitioner’s Motion to Cite in Contempt, the Court on 16

(1) GRANT the consolidated petitions filed by petitioner Zaldivar and

A Motion for Reconsideration 14 was filed by respondent Gonzalez the next

1. That he “ha(d) been approached twice by a leading member of the court

2. That he “was approached and asked to refrain from investigating the

Respondent Gonzalez also attached three (3) handwritten notes 15 which he

1. Acting on the Motion for Reconsideration filed by respondent Gonzalez

2. It appearing that respondent Raul M. Gonzalez has made public

sworn statements and the annexes thereto appended, and to DIRECT

4. It finally appearing that notice of the Resolution of February 16, 1988

Respondent Gonzalez subsequently filed with this Court on 9 May 1988 an

On 19 May 1988 17 after receipt of respondent’s Supplemental Motion for

1. Manifestation with Supplemental Motion to Inhibition 20 dated 23 May

2. Motion to Transfer Administrative Procedures to the Integrated Bar of

3. Urgent Motion for Additional Extension of Time to File Explanation Ex

4. Urgent Ex-Parte Omnibus Motion

(a) For Extension of Time

(b) For Inhibition and

5. Ex-Parte Manifestation 25 dated 7 June 1988;

6. Urgent Ex-Parte Motion for Reconsideration 26 1988; and

7. Urgent Ex-Parte Manifestation with Motion 27 member 1988.

We begin by referring to the authority of the Supreme Court to discipline

Contempt of court may be committee both by lawyers and non-lawyers,

It is sometimes asserted that in the exercise of the power to punish for

Respondent’s contention is scarcely an original one. In In Re

xxx xxx xxx

It is not accurate to say, nor is it an obstacle to the exercise of our authority in

Undeniably, the members of the Court are, to a certain degree, aggrieved

xxx xxx xxx. 38

It should not be necessary for the members of this Court expressly to