Scribd Logo
Upload

Welcome to Scribd!

  • Baculi Vs Battung

    Uploaded by

    JOSHUA KENNETH LAZARO
    25 views2 pages
    Judge Baculi filed a disbarment case against Atty Battung for violating Canon 11 during a hearing. Atty Battung became loud and shouted at the judge despite warnings. Based on a tape recording and witnesses, the IBP commissioner found that Atty Battung did shout at the judge first. Though Atty Battung argued the judge provoked him, a lawyer should not shout at a judge and instead file complaints properly. The court found Atty Battung disrespected the judge by shouting and harassing him, violating Canon 11 which requires respecting courts. Atty Battung was suspended for one year.

    Original Description:

    Original Title

    Baculi vs Battung

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Judge Baculi filed a disbarment case against Atty Battung for violating Canon 11 during a hearing. Atty Battung became loud and shouted at the judge despite warnings. Based on a tape recording and witnesses, the IBP commissioner found that Atty Battung did shout at the judge first. Though Atty Battung argued the judge provoked him, a lawyer should not shout at a judge and instead file complaints properly. The court found Atty Battung disrespected the judge by shouting and harassing him, violating Canon 11 which requires respecting courts. Atty Battung was suspended for one year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    25 views2 pages

    Baculi Vs Battung

    Uploaded by

    JOSHUA KENNETH LAZARO
    Judge Baculi filed a disbarment case against Atty Battung for violating Canon 11 during a hearing. Atty Battung became loud and shouted at the judge despite warnings. Based on a tape recording and witnesses, the IBP commissioner found that Atty Battung did shout at the judge first. Though Atty Battung argued the judge provoked him, a lawyer should not shout at a judge and instead file complaints properly. The court found Atty Battung disrespected the judge by shouting and harassing him, violating Canon 11 which requires respecting courts. Atty Battung was suspended for one year.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 2

    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.

    You might also like