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Baculi Vs Battung
Baculi Vs Battung
FACTS: This is a disbarment case filed by Judge Rene Baculi against Atty Melchor Battung for
the violation of canon 11 of the code of professional responsibility. the facts of the case are as
follows: Judge Baculi claimed that on July 24, 2008, during a hearing the respondent atty
battung was shouting his arguments to which the judge advised him to keep his voice down.
Atty battung instead replied by shouting louder. Judge Baculli now warned him that he would be
cited for direct contempt. Atty battung then shouted then cite me. He was cited for direct
contempt and was forced to leave the court. After a while he returned and disrupted an ongoing
hearing of the judge just to say that he will also file a case against the judge. According to judge
baculi atty battung violated Canon 12 of the Code of Professional Responsibility
As for the answer of atty battung regarding the complaint according to him actually it was Judge
Baculi who disrespected and provoked him to shout. Atty. Battung asked that the case against
him be dismissed.
The IBP then conducted its investigation of the matter through Commissioner de la Rama. The
commissioner after reviewing the tape and the transcript of stenographic notes he observed that
initially the respondent was calm. He politely argued his case but the voice of the complainant
judge baculli appears to be in high pitch. During the mandatory conference, it was also
observed that indeed, the complainant maintains a high pitch whenever he speaks. In fact, in
the TSN, it was recorded that when the judge was asking atty battung to not to shout he
responded that the judge was also shouting. after hearing the tape, the commissioner was
convinced that it was Atty. Battung who shouted first at the complainant. There was even a joint-
affidavit submitted by those persons who are present in the court saying that it was really Atty.
Battung who shouted at the judge that is why the latter cautioned him "not to shout."
Commissioner De la Rama found that the respondent failed to observe Canon 11 of the Code of
Professional Responsibility that requires a lawyer to observe and maintain respect due the
courts and judicial officers. The respondent also violated Rule 11.03 of Canon 11 that provides
that a lawyer shall abstain from scandalous, offensive or menacing language or behavior before
the courts. The respondent’s argument that Judge Baculi provoked him to shout should not be
given due consideration since the respondent should not have shouted at the presiding judge
and should have just filed a case against him in the proper forum.
ISSUE: W/N ATTY. Battung violated canon 11 and 11.03 of the code of professional
responsibility
HELD: Atty. Battung disrespected Judge Baculi by shouting at him inside the courtroom during
court proceedings in the presence of litigants and their counsels, and court personnel. The
respondent even came back to harass Judge Baculi in front of many witnesses. Such acts
clearly showed disrespect for the position of the complainant’s position. These actions were not
only against the person, the position and the stature of Judge Baculi, but against the court as
well whose proceedings were openly and flagrantly disrupted by the respondent.
Litigants and counsels, particularly the latter because of their position and avowed duty to the
courts, cannot be allowed to publicly ridicule, demean and disrespect a judge, and the court that
he represents.
A lawyer who insults a judge inside a courtroom completely disregards the latter’s role, stature
and position in our justice system. When the respondent publicly berated and brazenly
threatened Judge Baculi that he would file a case for gross ignorance of the law against the
latter, the respondent effectively acted in a manner tending to erode the public confidence in
Judge Baculi’s competence and in his ability to decide cases. Therefore, atty Battung was
suspended for 1 year.