591 Phil. 82
PER CURIAM:
After the usual exchange of civilities, JOHNNY CHAN curtly told the undersigned that all negotiations for the purchase of petitioner's rights between us were off. He further stated that he had already given out TEN MILLION PESOS to JUSTICE DANTE O. TINGA in exchange for a favorable Decision in this case. Hence, there is no more reason for him to talk to us. Justice Dante O. Tinga is the ponente of the Decision subject to [sic] this Motion for Reconsideration.[5]Atty. De La Serna relates that sometime in 2006, he was prevailed upon by former BIR Commissioner Tomas Toledo to meet with Mr. Chan. In the meeting, Mr. Chan informed him that he had already bought the interest of Cattleya Land, Inc. (Cattleya) over a property adjacent to the property subject of the case and that he was interested in putting up a resort/hotel in the property. He wanted to purchase Carmelita Fudot's interest in the property as well to put an end to the litigation. They did not reach an agreement on the purchase price.[6]
ALL WE NEED TO HAVE IS A LITTLE COMMON SENSE TO CONCLUDE THAT INDEED, THE FAVORABLE DECISION OF THIS HONORABLE COURT WAS OBTAINED THRU BRIBERY. This is what JOHNNY CHAN was bragging and this is what happened.[12] (Emphasis supplied)Atty. De La Serna insists that the decision was contrary to the principles enunciated by Justice Tinga in the case of Lim v. Jorge.[13] He states:
III. THE DECISION OF JUSTICE TINGA IN THE CASE REEKS OF BRIBERY. HE HAS REPUDIATED ALL THE DOCTRINES HE HAS SUMMARIZED AND ENUNCIATED IN LIM v. JORGE, A DECISION HE PENNED ONLY IN 2005.Atty. De La Serna also finds it surprising that the instant case was decided less than two (2) years after it was submitted for resolution. He compares the instant case to a criminal case which has been pending for ten (10) years before the Court.[15] He states:
Only two years ago, in Lim v. Jorge, (G.R. No. 161861, March 11, 2005) Justice Dante Tinga made a learned treatise when he summarized and further expounded on all the long-established doctrines on the law and jurisprudence governing the Torrens System of land titles in the Philippines. It was indeed a brilliant anthology worthy of publication into a book.
In this instant Decision however, Justice Tinga has swallowed all the noble doctrines he has enunciated so brilliantly, and instead repudiated and contradicted everything he has said just to accommodate JOHNNY CHAN and all his cohorts and his money.
x x x
If this is not a CLEAR CASE OF BRIBERY, then we don't know what is.
The Decision of Justice Tinga in this case is simply a ROGUE DECISION. It is illegal. It is immoral. And like a "mad dog, it should be slain at sight."[14] (Emphasis supplied)
Yet, in this instant case, TWO (2) YEARS is all it took for Justice Dante Tinga to come up with a favorable Decision for JOHNNY CHAN.On 6 February 2008, the Court issued a Resolution requiring Atty. De La Serna to explain in writing why he should not be punished for indirect contempt of court.[17] On 27 March 2008, De La Serna submitted his explanation, stating that he believes in utmost good faith that all the statements he made in recent pleadings he submitted in this case do not constitute "improper conduct" and that his statements "were not intended to `impede, obstruct or degrade' the administration of justice," as they were made, on the contrary, "TO PREVENT THE COMMISSION OF A GRAVE INJUSTICE.[18]
Where is equity? Where is the justice? IF THIS IS NOT BRIBERY, THEN THE SUN RISES EVERY MORNING FROM THE WEST.
This case must have been plucked out from underneath a stack of older cases which have been prioritized for resolution. There could be no other explanation.
x x x
There is a difference of some 20,000 intervening cases between Oppus and Fudot. WHAT COULD HAVE BEEN THE REASON WHY THIS INSTANT CASE WAS SELECTED AND PLUCKED OUT FROM UNDERNEATH 20,000 OTHER CASES, AND DECIDED IN LESS THAN TWO (2) YEARS?
Your Honors, the answer is in Your hands, but it seems quite obvious.[16] (Emphasis supplied)
x x xFor his part, Atty. Petralba clarified that the third meeting he had with Atty. De La Serna was on 4 September 2007, and not in August as what De La Serna claimed, presenting his detailed diary for the purpose. [30] Thus:
Mr. Chan:Well, as I said, I offered. I was trying to convince him to accept that amicable settlement and aside from that, to be my friend, maybe you can be our company retainer in Bohol. That's what we discussed about, your honor.[28]Justice Carpio Morales:So, how did the conversation or that meeting end?Mr. Chan:Well, we end-up, he was kind of unhappy.Justice Carpio Morales:Why?Mr. Chan:I don't know; maybe angry.Justice Carpio Morales:Why? What is your basis in saying that?Mr. Chan.Because my offer to him for the amicable settlement still stands for Four Million.Justice Carpio Morales:Did he counter[-]offer?Mr. Chan:Well, he said Ten and I said that's too much.Justice Carpio Morales:And that was it?Mr. Chan:That was it.[29]
Atty. Paulino Petralba:Atty. Petralba claimed that his conversation with Atty. De La Serna, Jr. was a chance encounter in the tennis court, and that he did not tell Atty. De La Serna, Jr. that a decision was forthcoming. Instead, he told him that "the client wants to have another meeting baka sakali there will be a favorable result."[32] He maintained that he never intimated a bribery of a Supreme Court Justice.[33] In his testimony, Atty. Petralba stated:The third meeting alluded to by Atty. de la Serna was not in August, Your Honors. It was on September 4, 2007. It is recorded in my PDA and I do keep a diary where I list and narrate what happens to my life everyday. In fact, Your Honor, I have my diary here--the diary for June 2007 to December 2007, this is for last year--and I have marked September 4, 2007 and, with your indulgence, Your Honors, if I may be permitted to read even extraneous matters because that will prove something also?JUSTICE QUISUMBING:Yes.Justice Carpio Morales:Yes.Atty. Paulino Petralba:"September 4, 2007, Tuesday, Office, 11:00 a.m.: Tennis at Makati Sports Club with my son, score 8-5, I won; Meeting with Ryan Chan, Cecil, and Atty. Vic and Junior de la Serna; He said his price is Ten Million, I offered Four Million; Home, 9:30 p.m.; I did not attend my Tuesday club," Your Honor, the third meeting was on September 4, 2007; therefore, my encounter with de la Serna, Jr. could not have happened prior to that because my encounter with him was regarding the September 25, 2000 proposed meeting between Johnny Chan and Atty. De la Serna. And may I relate, Your Honor, how that happened?[31]
Atty. Paulino Petralba:Pursuing a vital point, Justice Carpio inquired and Atty. Petralba answered, thus:I will proceed. After the third meeting in September 4, 2007 which is by the way, Your Honors, is only nine days prior to the promulgation of the case on September 13. Ahhh...my birthday is September 13, Your Honors, and I went to the tennis court on September 17, 2007 to give a blow out to my tennis buddies and I also played one game of tennis on September 17. If I may be permitted, Your Honors, may I read my entries in this diary?JUSTICE QUISUMBING:Go ahead.Atty. Paulino Petralba:"September 27, 1007, Monday, lunch at office; Ordoñez of tour organizers came to my office; went to GBH for meeting; from GBH returned to office, conference with another client; then went to BF tennis court, played one game and gave birthday blow out -- inom for my group: Ernie, Glen, Roy, etc., etc; had short chat with Junior de la Serna, 5:00 p.m." This is how it transpired, Your Honor.JUSTICE QUISUMBING:17 September ....Atty. Paulino Petralba:After my game, I sat down, had beer, then Junior de la Serna was walking out of another tennis court. He walked infront of our table and I said, "O Junior, gusto daw makipagmeeting uli ng kliyente ko baka sakaling may favorable result," and he said "Aba , okay, I'll tell my papa, my father." I said, "No, no kasi I'm not going to arrange it anymore because I'm on vacation and I'm going abroad." That's all that happened in that meeting, your Honor. I did not seek him out, Your Honor. It was a chance meeting.[34]
x x x
Justice Carpio:Atty. Monteclar confirmed that Mr. Chan bought a land adjacent to the property subject of the petition, and that Mr. Chan, interested in buying the property of Fudot, told them that he would try to expedite the matter and talk to De La Serna.[36] He mentioned that he and his client, Cattleya, refused to negotiate with De La Serna because they had a sad experience with him when he accused one of Cattleya's lawyers of making Cattleya a milking cow. Said lawyer even filed an administrative case against De La Serna for making baseless accusations and using intemperate language against opposing lawyers in his pleadings in this very case when it was still before the trial court.[37] Atty. Monteclar admitted that he was the one who informed Atty. Petralba of the Supreme Court's decision.[38] He denied any knowledge about the attempt to bribe any of the Justices of the Court.[39]Okay that was September 17, four days after the promulgation of the decision. September 13 was the date the decision was made.Atty. Paulino Petralba:Yes, Your Honor.Justice Carpio:So if Mr. Chan really paid Ten Million to anyone here, Mr. Chan would have known immediately that the case was decided because he paid for it, correct?Atty. Paulino Petralba:Logically.Justice Carpio:So he would have told you to forget about paying anything we won already.Atty. Paulino Petralba:Logically, Your Honor.Justice Carpio:So your offer to meet again--your offer on September 17 to meet again--would be irrational because you won already had that money been given really.Atty. Paulino Petralba:Exactly, Your Honor, and in fact the meeting on September 25 would have been an absurd meeting.Justice Carpio:Absurd meeting because if...Atty. Paulino Petralba: ...the case was already decided...Justice Carpio: Yaah...If your client really paid Ten Million, he would be the first to know right away.Atty. Paulino Petralba:Exactly, Your Honor.Justice Carpio:And on September 25, he would not have agreed to a meeting anymore.Atty. Paulino Petralba:Yes, Your Honor.[35]
Justice Quisumbing:Atty. De La Serna claims that Mr. Chan and Atty. Petralba had advance knowledge of the Court's decision, based on the fact that Atty. Petralba and Mr. Chan were already intimating a favorable decision even before the decision was released. He points out that the decision was released only on 27 September 2007, when it was mailed at the Central Post Office, implying that if not for the fact that Mr. Chan paid for the decision, he would not have known of the outcome of the case even before the decision was released on 27 September 2007.You denied. You said you did not make any statement to Atty. De la Serna concerning giving of Ten Million to Mr. Justice Tinga?Mr. Chan:I did not.Justice Quisumbing:I ask you now that you have not given anything to the other justices in this panel?Mr. Chan:I did not, Your Honor.Justice Quisumbing:And also deny that you have told Atty. De La Serna, Sr. that you have spent Ten Million for the Supreme Court?Mr. Chan:I did not spend that on you, Your Honor.[54]
Justice Quisumbing:Earlier, Justice Velasco pointed out the ludicrousness of Atty. De La Serna's claim in the following exchange with Atty. De La Serna himself:From your point of view, is there any indication from your own circle of anything spent for the Supreme Court by Mr. Chan?Atty. Paulino Petralba:No, Your Honor. May I add something to that, Your Honor?Justice Quisumbing:Yes.Atty. Paulino Petralba:My own observation, Your Honors. If he was willing to spend Ten Million, why go through the difficult process of committing a crime of bribery and not just give it to the other party?Justice Quisumbing:I see.Atty. Paulino Petralba:It would be easier, Your Honor, because once a compromise agreement is signed, we submit it to the Court. In fact, I can already advise my client, even if the Court has not resolved the compromise agreement, go ahead construct because the compromise agreement will then bind the other party. It's much easier, Your Honor. It's much more logical.Justice Quisumbing:I see. But in any case, you made an offer of Four Million?Atty. Paulino Petralba:Yes, Your Honor.Justice Quisumbing:But it was not accepted?Atty. Paulino Petralba:He said his price is Ten Million.Justice Quisumbing:And you did not agree to Ten Million?Atty. Paulino Petralba:Well, the client told me that's too much.[58]
Justice Velasco:Atty. De La Serna's other basis for believing that the decision was prompted by bribery was the time it took for this case to be decided, which he intimated was uncommonly short. He bewails that the case was pinpointed, then plucked out from underneath 20,000 other cases, and thereafter resolved in less than two (2) years. He also compared the case with Oppus v. Sandiganbayan, G.R. No. 150186; a case which he previously handled, claiming that accused Oppus continues to languish in jail because the Supreme Court had not resolved his appeal even after the lapse of more than ten (10) years.[60] De La Serna's plaint is baseless and non sequitur.That is correct.Atty. De La Serna:
In your offer, the price that your client want is Ten Million Pesos?Ten Million.Justice Velasco:So if that's the price for the lot of petitioner Fudot and he spent Ten Million, wouldn't it be a lot easier for him to just have paid your client the price that she was asking for her lot in Bohol?Atty. De la Serna:I'm not thinking for Johnny Chan, Your Honor. I'm just relaying what he told me.[59]
Section 15 (1) All cases or matters filed after the effectivity of this Constitution must be decided or resolved within twenty-four months from date of submission for the Supreme Court, twelve months for all lower collegiate courts, and three months for all lower courts.The instant petition was filed on 6 March 2006. Respondent was required to file its comment thereon, which it submitted on 1 June 2006. The Court thereafter required petitioner to file her reply, and petitioner filed one on 11 September 2006. Her reply was noted on 13 November 2006. Thus, as of 13 November 2006, the case was deemed submitted, there being no other pleading required by the Court. From that point on, it is but logical to assume that a decision would be forthcoming.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the last pleading, brief, or memorandum required by the Rules of Court or by the court itself.
It is [the] respondent's duty as an officer of the court, to uphold the dignity and authority of the courts and to promote confidence in the fair administration of justice and in the Supreme Court as the last bulwark of justice and democracy. x x x[64]As part of the machinery for the administration of justice, a lawyer is expected to bring to the fore irregular and questionable practices of those sitting in court which tend to corrode the judicial machinery. Thus, if he acquired reliable information that anomalies are perpetrated by judicial officers, it is incumbent upon him to report the matter to the Court so that it may be properly acted upon. An omission or even a delay in reporting may tend to erode the dignity of, and the public's trust in, the judicial system.
Moreover, every citizen has the right to comment upon and criticize the actuations of public officers. This right is not diminished by the fact that the criticism is aimed at a judicial authority, or that is it articulated by a lawyer. Such right is especially recognized where the criticism concerns a concluded litigation, because then the court's actuation are thrown open to public consumption. x x xEverything considered on the basis of the proofs on record, reason and normal discernment, Atty. De La Serna's statements bear the badges of falsehood while the common version of the witnesses who disputed his statements is imbued with the hallmarks of truth. There is more. De La Serna's declarations were maliciously and irresponsibly made. They exceeded the boundaries of decency and propriety. The libelous attack on the integrity and credibility of Justice Tinga tend to degrade the dignity of the Court and erode public confidence that should be accorded to it. As we stated in In re: Wenceslao Laureta,[70] thus:
x x x
Courts and judges are not sacrosanct. They should and expect critical evaluation of their performance. For like the executive and the legislative branches, the judiciary is rooted in the soil of democratic society, nourished by the periodic appraisal of the citizen whom it is expected to serve.
Well-recognized therefore is the right of a lawyer, both as an officer of the court and as a citizen, to criticize in properly respectful terms and through legitimate channels the acts of courts and judges. x x x
x x x
Hence, as a citizen and as officer of the court, a lawyer is expected not only to exercise the right, but also to consider it his duty to avail of such right. No law may abridge this right. Nor is he professionally answerable for a scrutiny into the official conduct of the judges, which would not expose him to legal animadversion as a citizen.
x x x
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.[69]
To allow litigants to go beyond the Court's resolution and claim that the members acted "with deliberate bad faith" and rendered an "unjust resolution" in disregard or violation of the duty of their high office to act upon their own independent consideration and judgment of the matter at hand would be to destroy the authenticity, integrity and conclusiveness of such collegiate acts and resolutions and to disregard utterly the presumption of regular performance of official duty. To allow such collateral attack would destroy the separation of powers and undermine the role of the Supreme Court as the final arbiter of all justiciable disputes.[71]Atty. De La Serna has transcended the permissible bounds of fair comment and criticism. His irresponsible and baseless statements, his unrepentant stance and smug insistence of his malicious and unfounded accusation against Justice Tinga have sullied the dignity and authority of this Court. Beyond question, therefore, De La Serna's culpability for indirect contempt warrants the penalty of a fine not exceeding P30,000.00 or imprisonment not exceeding six (6) months or both under the Rules.[72]