484 Phil. 173
AUSTRIA-MARTINEZ, J.:
xxx xxx So, may we know your honor, if he is a lawyer or not?Respondent’s imputations were uncalled for and the latter’s act of compelling the court to ask complainant whether he is a lawyer or not was intended to malign him before the public, inasmuch as respondent knew that complainant is not a lawyer, having appeared for and in his behalf as a party litigant in prior cases; respondent’s imputations of complainant’s misrepresentation as a lawyer was patently with malice to discredit his honor, with the intention to threaten him not to appear anymore in cases respondent was handling; the manner, substance, tone of voice and how the words “appear ka ng appear, pumasa ka muna!” were uttered were totally with the intention to annoy, vex and humiliate, malign, ridicule, incriminate and discredit complainant before the public.
The Court having been inhibited by the respondent from hearing the case, replied:
You are asking for my inhibition and yet you want me to rule on his appearance xxx xxx.
Thereafter, the respondent said:
Because your honor, he (pertaining to the complainant) is misrepresenting himself to be a lawyer!
To this the complainant remarked:
“Your Honor, I’m not xxx xxx.”
Respondent, this time engulfed with anger in a raising voice said:
Appear ka ng appear, pumasa ka muna; x x x.
In connection with Ferdinand A. Cruz’s motion to appear as counsel, the motion is likewise denied, movant not having satisfied the requirements and conditions under Rule 138-A, Sections 1 and 2.Respondent alleges that when complainant filed an administrative case against Judge Priscilla Mijares when said Judge stated in Tagalog in open court “Hay naku masama yung marunong pa sa Huwes! OK?” the same was dismissed by the Honorable Court’s Third Division which stated among others: “That the questioned remarks of respondent were uttered more out of frustration and in reaction to complainant’s actuations and taking into account that complainant is not yet a lawyer but was already lecturing the court on a matter which is not even a point of discussion was sheer arrogance on the part of the complainant.” Respondent prays that the complaint against him be dismissed for lack of merit.
A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.In her report, Commissioner Navarro stated:
After going over the evidence submitted by the parties, the undersigned noted that respondent’s averment that the utterances he made in open court is (sic) privileged communication does not hold water for the same was (sic) not relevant to the issue of the case in question under trial before the said court.On April 16, 2004, the IBP Board of Governors passed a Resolution to annul and set aside the recommendation of the investigating commissioner and to approve the dismissal of the case for lack of merit.
Respondent did not refute the fact that the same utterances he made in open court against the complainant had been the basis for his indictment of Oral Defamation and later Unjust Vexation under Criminal Cases Nos. 02-1031 and No. 02-2136 respectively, pending trial before MTC Branch 45, Pasay City.
Likewise respondent did not refute complainant’s allegation that in 1979 he was held in contempt and was not allowed to practice law for seven years by the Supreme Court in the administrative case filed against him by Emilia E. Andres on December 14, 1979 docketed as A.M. L-585 for his fondness in using contumacious language in his dealing with others.
From the facts obtaining, it is apparent that the utterance hurled by the respondent in the manner, substance and tone of his voice which was not refuted by him “that appear ka ng appear, pumasa ka muna” in whatever manner it was uttered are in itself not only abusive but insulting specially on the part of law students who have not yet taken nor passed the bar examination required of them.
Respondent should have been more discreet and cautious in informing the court if it was his purpose relative to complainant’s appearance in court; although the latter appeared only in his behalf but not for others if he had complied with the requirements of Rule 138 (Sections 1 and 3) of the Rules of Court.
Respondent should have been more temperate in making utterances in his professional dealings so as not to offend the sensitivities of the other party as in this case
SEC. 12. Review and decision by the Board of Governors. – (a) Every case heard by an investigator shall be reviewed by the IBP Board of Governors upon the record and evidence transmitted to it by the Investigator with his report. The decision of the Board upon such review shall be in writing and shall clearly and distinctly state the facts and the reasons on which it is based. It shall be promulgated within a period not exceeding thirty (30) days from the next meeting of the Board following the submittal of the Investigator’s report. (Emphasis supplied)In Teodosio vs. Nava,[1] the Court stressed the important function of the requirement that the decision of the Board of Governors state the facts and the reasons on which it is based, which is akin to what is required of the decisions of courts of record, thus:
For aside from informing the parties the reason for the decision to enable them to point out to the appellate court the findings with which they are not in agreement, in case any of them decides to appeal the decision, it is also an assurance that the judge, or the Board of Governors in this case, reached his judgment through the process of legal reasoning.[2]In this case, the Board of Governors’ resolution absolving respondent of any misconduct does not contain any findings of facts or law upon which it based its ruling. Ordinarily, non-compliance with the rule would result in the remand of the case. Nonetheless, where the controversy has been pending resolution for quite sometime and the issues involved could be resolved on the basis of the records on appeal, the Court has opted to resolve the case in the interest of justice and speedy disposition of cases.[3] This case falls within the exception.
In Maderada vs. Mediodea,[6] this Court expounded on the foregoing provision, thus:SEC. 34. By whom litigation conducted. -- In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar.
This provision means that in a litigation, parties may personally do everything during its progress -- from its commencement to its termination. When they, however, act as their own attorneys, they are restricted to the same rules of evidence and procedure as those qualified to practice law; otherwise, ignorance would be unjustifiably rewarded. Individuals have long been permitted to manage, prosecute and defend their own actions; and when they do so, they are not considered to be in the practice of law. “One does not practice law by acting for himself any more than he practices medicine by rendering first aid to himself.”On the other hand, all lawyers should take heed that lawyers are licensed officers of the courts who are empowered to appear, prosecute and defend; and upon whom peculiar duties, responsibilities and liabilities are devolved by law as a consequence. Membership in the bar imposes upon them certain obligations. Mandated to maintain the dignity of the legal profession, they must conduct themselves honorably and fairly.[8] Though a lawyer’s language may be forceful and emphatic, it should always be dignified and respectful, befitting the dignity of the legal profession. The use of intemperate language and unkind ascriptions has no place in the dignity of judicial forum.[9]
The practice of law, though impossible to define exactly, involves the exercise of a profession or vocation usually for gain, mainly as attorney by acting in a representative capacity and as counsel by rendering legal advise to others. Private practice has been defined by this Court as follows:x x x. Practice is more than an isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind. In other words, it is frequent habitual exercise. Practice of law to fall within the prohibition of statute [referring to the prohibition for judges and other officials or employees of the superior courts or of the Office of the Solicitor General from engaging in private practice] has been interpreted as customarily or habitually holding one's self out to the public, as a lawyer and demanding payment for such services. x x x.Clearly, in appearing for herself, complainant was not customarily or habitually holding herself out to the public as a lawyer. Neither was she demanding payment for such services. Hence, she cannot be said to be in the practice of law.[7]