In Re Almacen Case Digest
In Re Almacen Case Digest
FACTS:
Atty. Vicente Raul Almacen filed a Petition to Surrender the Lawyers Certificate of Title to the Supreme
Court as a sign of his protest as against to what he call a tribunal peopled by people who are calloused
to our pleas for justice. He also expressed strong words as against the judiciary like justice is not
only blind, but also deaf and dumb. . The petition rooted from the case he lost due to the absence of time
and place in his motion in the trial court. His appeal was dismissed in the Court of Appeals by reason of
jurisprudence. In a petition for certiorari in the Supreme Court, it was again dismissed thru a minute
resolution. With the disappointments, he thought of this sacrificial move. He claimed that this petition to
surrender his title is only in trust, and that he may obtain the title again as soon as he regained confidence
in the justice system.
ISSUE:
Whether or not Atty. Almacen should be given disciplinary actions for his acts.
HELD:
YES. Indefinite suspension imposed.
RATIO:
It has been pointed out by the Supreme Court that there is no one to blame but Atty. Almacen himself
because of his negligence. Even if the intentions of his accusations are so noble, in speaking of the truth
and alleged injustices,so as not to condemn the sinners but the sin, it has already caused enough
damage and disrepute to the judiciary. Since this particular case is sui generis in its nature, a number of
foreign and local jurisprudence in analogous cases were cited as benchmarks and references. Between
disbarment and suspension, the latter was imposed. Indefinite suspension may only be lifted until further
orders, after Atty. Almacen may be able to prove that he is again fit to resume the practice of law.