G.R. No. B057091. December 10, 1932.
In re HERACLIO ABISTADO, Editor of the “Union”.

FACTS

The Attorney-General initiated contempt proceedings against Heraclio Abistado, editor of the newspaper “Union.” This arose from the newspaper’s publication of details regarding an administrative complaint for malpractice filed by Paz Luzan against Attorney Ramon Sotelo. Despite a Supreme Court resolution dated January 26, 1922, which mandated that disbarment proceedings remain confidential until final disposition, and despite Sotelo personally informing Abistado (who is also a lawyer) of this rule, the “Union” published an initial article about the charges on October 24, 1932. After being formally notified by the court, Abistado proceeded to publish the full text of the complaint and its exhibits on October 31, November 7, and November 14, 1932.

ISSUE

Whether the respondent, Heraclio Abistado, is guilty of contempt of court for publishing the details of a confidential disbarment proceeding in violation of a Supreme Court resolution.

RULING

Yes, the respondent is guilty of contempt. The Supreme Court found that its 1922 resolution, which was duly published in newspapers at the time, validly required confidentiality in disbarment cases to protect the reputation of attorneys from baseless charges and to ensure the orderly administration of justice. The respondent, as a member of the bar, had a duty to know and obey this rule. His publications, which continued even after he was cited for contempt, constituted a clear obstruction of justice and a willful disregard of the court’s authority. The Court distinguished this from protected press freedom, citing precedent that publications which impede, obstruct, or influence the administration of justice in a pending proceeding are punishable contempt. Abistado was fined ₱100 for the first publication and sentenced to one month’s imprisonment for the subsequent, contumacious publications.

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