The Supreme Court held that lawyers must maintain a respectful attitude towards the courts, not just for the sake of the individual judge, but for the integrity of the judicial system. In this case, an attorney was disciplined for using offensive and abusive language in a motion filed before the court. This ruling underscores the importance of upholding the dignity of the legal profession and preserving public trust in the judiciary.

When Zealous Advocacy Turns to Disrespect: Can an Attorney’s Words Undermine the Court?

This case stems from a disbarment complaint filed by Judge Gregorio D. Pantanosas, Jr. against Atty. Elly L. Pamatong. The controversy began during a hearing where Judge Pantanosas asked Atty. Pamatong to remove his copia (Muslim hat) in court. Subsequently, Atty. Pamatong filed a motion for inhibition containing highly offensive language, accusing the judge of corruption and disgracing the judicial system. The Supreme Court was called upon to determine whether Atty. Pamatong’s conduct violated the Code of Professional Responsibility (CPR) and his oath as a lawyer.

The heart of the matter lies in Canon 11 of the CPR, which mandates that lawyers must observe and maintain respect due to the courts and judicial officers. Rule 11.03 further specifies that a lawyer shall abstain from scandalous, offensive, or menacing language before the courts. In this case, Atty. Pamatong’s motion for inhibition included the statement:

6. Finally, in my thirty (30) years of law practice, I never encountered a Judge who appears to be as corrupt as you are, thereby giving me the impression that you are a disgrace to the Judicial System of this land who does not deserved (sic) to be a member of the Philippine Bar at all.

The Court emphasized that while lawyers have the right to criticize the acts of courts and judges, such criticism must be expressed in respectful terms and through legitimate channels. The duty of a lawyer is to uphold the dignity and authority of the courts, not to promote distrust in the administration of justice. As the Supreme Court stated in Pobre v. Defensor-Santiago:

A lawyer is an officer of the courts; he is, “like the court itself, an instrument or agency to advance the ends of justice.” His duty is to uphold the dignity and authority of the courts to which he owes fidelity, “not to promote distrust in the administration of justice.” Faith in the courts, a lawyer should seek to preserve. For, to undermine the judicial edifice “is disastrous to the continuity of government and to the attainment of the liberties of the people.” Thus has it been said of a lawyer that “[a]s 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.”

The Court found that Atty. Pamatong’s language far exceeded the bounds of permissible criticism and demonstrated a lack of reverence towards the courts. The Court also noted that Atty. Pamatong publicized his grievances against the judge, which is contrary to the lawyer’s duty to submit such grievances to the proper authorities only, as stated in Rule 11.05 of the CPR.

The Integrated Bar of the Philippines (IBP) initially recommended that Atty. Pamatong be suspended from the practice of law for three years. The Supreme Court, however, modified this penalty, considering similar cases where a lesser period of suspension was imposed. For example, in Judge Lacurom v. Atty. Jacoba, an attorney was suspended for two years for using offensive language in a motion. Similarly, in Judge Baculi v. Atty. Battung, an attorney was suspended for one year for disrespectful in-court demeanor.

The Court ultimately decided to suspend Atty. Pamatong from the practice of law for two years, effective upon the finality of the decision. This decision underscores the Court’s commitment to maintaining the integrity of the legal profession and ensuring that lawyers conduct themselves with respect and decorum in their dealings with the courts. It serves as a reminder that zealous advocacy must be tempered with respect for the judicial system.

The Supreme Court highlighted that lawyers, as officers of the court and citizens, possess the right to critique court and judge actions using respectful language through appropriate channels. However, such criticisms must remain within the boundaries of decency and propriety, and a lawyer’s duty to their client must not override the administration of justice. Maintaining a balance between advocating for clients and upholding the dignity of the court is essential for preserving the integrity of the legal system.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Pamatong violated the Code of Professional Responsibility by using offensive language in a motion for inhibition filed against Judge Pantanosas. The Court examined if his conduct breached the duty to maintain respect for the courts.
What specific actions did Atty. Pamatong take that led to the complaint?	Atty. Pamatong included accusations of corruption and statements that the judge was a “disgrace to the Judicial System” in his motion for inhibition. He also publicized his grievances, instead of only submitting them to proper authorities.
What is the Code of Professional Responsibility (CPR)?	The CPR is a set of ethical rules that governs the conduct of lawyers in the Philippines. It outlines the duties and responsibilities of lawyers to their clients, the courts, the public, and the legal profession.
What specific canons of the CPR did Atty. Pamatong violate?	Atty. Pamatong violated Canon 11, which requires lawyers to observe and maintain respect due to the courts, and Rule 11.03, which prohibits the use of scandalous, offensive, or menacing language before the courts.
What was the penalty imposed on Atty. Pamatong?	The Supreme Court suspended Atty. Pamatong from the practice of law for two years, effective upon the finality of the decision. He was also sternly warned against repeating similar infractions.
Why did the Supreme Court modify the IBP’s recommended penalty?	The Court considered similar cases and determined that a two-year suspension was more appropriate, aligning with penalties imposed in cases with comparable facts and violations.
Can lawyers criticize judges and the courts?	Yes, lawyers have the right to criticize the acts of courts and judges, but such criticism must be expressed in respectful terms and through legitimate channels. It should not be scandalous, offensive, or malicious.
What is the significance of this ruling for lawyers in the Philippines?	This ruling underscores the importance of maintaining a respectful attitude towards the courts and upholding the dignity of the legal profession. It serves as a reminder that zealous advocacy must be balanced with respect for the judicial system.

This case emphasizes the critical role of lawyers in upholding the integrity of the Philippine judicial system. The decision serves as a cautionary tale, reminding legal professionals to balance zealous advocacy with respect for the courts. By adhering to the ethical standards outlined in the Code of Professional Responsibility, lawyers can contribute to maintaining public trust in the administration of justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: JUDGE GREGORIO D. PANTANOSAS, JR. VS. ATTY. ELLY L. PAMATONG, A.C. No. 7330, June 14, 2016