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Bantolo v. Castillon, Jr. 478 SCRA 443
Bantolo v. Castillon, Jr. 478 SCRA 443
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* SECOND DIVISION.
444
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
causes of his client he must ensure that he acts within the bounds
of reason and common sense, always aware that he is an
instrument of truth and justice. More importantly, as an officer of
the court and its indispensable partner in the sacred task of
administering justice, graver responsibility is imposed upon a
lawyer than any other to uphold the integrity of the courts and to
show respect to their processes. Thus, any act on his part which
tends visibly to obstruct, pervert or impede and degrade the
administration of justice constitutes professional misconduct calling
for the exercise of disciplinary action against him.
Same; Same; Writs of Execution; A lawyers defiance of a writ of
execution is a brazen display of disrespect of the very system which
he is sworn to support.Respondents defiance of the writ of
execution is a brazen display of disrespect of the very system which
he has sworn to support. Likewise, his various attempts to delay
and address issues inconsequential to the disbarment proceedings
had necessarily caused delay, and even threatened to obstruct the
investigation being conducted by the IBP.
Same; Same; Disbarment; The rule is that disbarment is meted
out only in clear cases of misconduct that seriously affect the
standing and character of the lawyer as an officer of the court.The
supreme penalty of disbarment is not proper in the instant case.
The rule is that disbarment is meted out only in clear cases of
misconduct that seriously affect the standing and character of the
lawyer as an officer of the court. While the Court will not hesitate to
remove an erring lawyer from the esteemed brotherhood of lawyers
when the evidence calls for it, it will also not disbar him where a
lesser penalty will suffice to accomplish the desired end. In the case
of respondent, the Court finds that a months suspension from the
practice of law will provide him with enough time to purge himself
of his misconduct and give him the opportunity to retrace his steps
back to the virtuous path of the legal profession.
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
445
TINGA, J.:
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
446
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
acts
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447
A close examination of the facts of this case reveals that the basis
of the act for which the court found to be contumacious is a claim of
ownership over the subject property, and thus arose from an
emotional attachment to the property which they had possessed
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
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448
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
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449
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
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17 Choa v. Judge Chiongson, 329 Phil. 270, 276; 253 SCRA 371 (1996).
18 Supra note 12 at p. 332.
19 Garcia v. Manuel, Adm. Case No. 5811, 20 January 2003, 395 SCRA
386, 392, citations omitted.
450
from the practice of law for a period of one (1) month with a
warning that a repetition of the same or similar act will be
dealt with more severely. Respondents suspension is
effective upon notice of this decision. Let notice of this
decision be spread in respondents record as an attorney in
this Court, and notice of the same served on the Integrated
Bar of the Philippines and on the Office of the Court
Administrator for circulation to all the courts concerned.
SO ORDERED.
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SUPREME COURT REPORTS ANNOTATED VOLUME 478 14/01/2017, 9*39 PM
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451
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