Dulin, Jade Ann L.

648. Tacardon v. Ang, G.R. 159286

PETITIONER: Rolando Tacardon, Hernan V. Fermin, Reynaldo M. Vargas and Jose Y. Ojoylan
RESPONDENT: Ramon Ang, represented by Armando Ponce Enrile
DATE: April 5, 2005
PONENTE: Resolution by Clerk of Court Luzviminda D. Puno
TOPIC: Contempt

FACTS:
- In his pleading entitled "A Practicing Lawyer's Plaint," Atty. Cruz alleged that this Court, in
denying his petition for review on certiorari and motion for reconsideration, has "desecrated legal
and jurisprudential norms." He cautioned its members that "acts not anchored on the rule of law
but on the rule of the powerful and the influential can be worse than the most heinous crimes." He
concluded that this Court "has become unpredictable".
- He broadly hinted that, "something is indeed amiss" in the issuance of the subject Minute
Resolutions and that the non-disclosure of the names of the Justices was due to some
irregularities. He justified his suspicions on the premise that "there is a lot of corruption going
around involving ...Justices" and that respondent is "a very powerful and influential person to
whom many will kowtow and pay obeisance, even without being asked." He insulted the Court by
stating that with its unpredictability, he might as well consider "retiring from the practice of
law." And lastly, he even challenged the Court to censure him if there is no basis for his
suspicions.

ISSUE: Whether or not Atty. Cruz is guilty of contempt [Yes]

RULING:
- In Ante vs. Pascua, this Court held that contemptuous statements made in the pleadings filed
with the court constitute direct contempt. This is a reiteration of our ruling in Ang vs.
Castro, declaring that if the pleading containing derogatory, offensive or malicious statements is
submitted in the same court or judge in which the proceedings are pending, it is direct contempt
because it is equivalent to a misbehavior committed in the presence of or so near a court or judge
as to interrupt the administration of justice.
- Section 1, Rule 71 of the Rules of Court reads:
"SECTION 1. Direct contempt punished summarily. - A person guilty of misbehavior in the
presence of or so near a court as to obstruct or interrupt the proceedings before the same,
including disrespect toward the court, offensive personalities towards others or refusal to be
sworn or to answer as a witness, or to subscribe an affidavit or deposition when lawfully required
to do so may be summarily adjudged in contempt by such court and punished a fine not
exceeding two thousand pesos or imprisonment not exceeding ten (10) days or both, if it be a
Regional Trial Court or a court of equivalent or higher rank x x x."

DISPOSITION: ACCORDINGLY, Atty. Francisco B. Cruz is found guilty both of direct contempt of court
and gross misconduct as an officer of the court and member of the Bar. He is hereby SUSPENDED as a
member of the Bar and is prohibited from engaging in the practice of law until otherwise ordered by this
Court.