8/19/2019 Canon 11 Bugaring vs Espanyol

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8/19/2019 Canon 11 Bugaring vs Espanyol

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BASIC LEGAL ETHICS | BANGUIS|BERNAL|CARPIO|ESTEPA|MERCADO

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respectful attitue in orer to maintain its importance in the aministration of 

 "ustice, an /anon 11 of the /oe of rofessional Responsi&ility which

manates lawyers to o&ser!e an maintain the respect ue to the /ourts an to

 "uicial officers an shoul insist on similar conuct &y others%

The Cour& canno& &herefore hel' (u& no&ice &he sarcas) in &he 'e&i&ioner*s

use of &he 'hrase +our honor 'lease% or, after usin# sai phrase he manifeste utter 

isrespect to the court in his su&se$uent utterances% urely this &eha!ior from an officer 

of the /ourt cannot an shoul not &e countenance, if proper ecorum is to &e o&ser!e

an maintaine urin# court proceein#s%

nee, the conuct of petitioner in persistin# to ha!e his ocumentary e!ience

mar4e to the etent of interruptin# the opposin# counsel an the court showe

isrespect to sai counsel an the court, was efiant of the courts system for an orerly

 proceein#, an o&structe the aministration of "ustice%

The 'o,er &o 'unish for con&e)'& is inheren& in all cour&s and is essen&ial &o

&he 'reserva&ion of order in -udicial 'roceedings and &o &he enforce)en& of 

 -udg)en&s. orders. and )anda&es of &he cour&. and conseuen&l+. &o &he due

ad)inis&ra&ion of -us&ice# -irect contempt is committe in the presence of or so near a

court or "u#e, as in the case at &ar, an can &e punishe summarily without

hearin#% ;ence, petitioner cannot claim that there was irre#ularity in the actuation of 

responent "u#e in issuin# the contempt orer insie her cham&er without #i!in# the

 petitioner the opportunity to efen himself or ma4e an immeiate reconsieration% The

recors show that petitioner was cite in contempt of court urin# the hearin# in the sala

of responent "u#e, an he e!en file a motion for reconsieration of the contempt

orer on the same ay

:herefore, ecision of /+ is +R8.-%

NOTE:

ection 1, Rule 1 of the Rules of /ourt as amene &y

+ministrati!e /ircular No% 22B95 pro!ies=

 Direct contempt punished summarily% B + person #uilty of mis&eha!ior in

the presence of or so near a court or "u#e as to o&struct or interrupt

the proceein#s &efore the same, incluin# isrespect towar the court

or "u#e, offensi!e personalities towar others, or refusal to &e sworn

or to answer as a witness, or to su&scri&e an affia!it or eposition

when lawfully re$uire to o so, may &e summarily a"u#e in

contempt &y such court or "u#e an punishe &y a fine not eceein#

two thousan pesos or imprisonment not eceein# ten (10) ays, or 

 &oth, if it &e a superior court, or a "u#e thereof, or &y a fine not

eceein# two hunre pesos or imprisonment not eceein# one (1)

ay, or &oth, if it &e an inferior court%