AC 341; (March, 1960) (Digest)
G.R. No. A.C. No. 341; March 23, 1960
DELIA MURILLO, complainant, vs. ATTY. NICOLAS SUPERABLE, JR., respondent.
FACTS
Delia Murillo filed an administrative complaint for disbarment or disciplinary action against Atty. Nicolas Superable, Jr. She alleged that while employed in his office, Superable made love to her, proposed marriage despite knowing she was married, assured her he could arrange the matter, convinced her to cohabit with him, resulting in the birth of a child named Nicolas Superable III, and later abandoned her. Superable, in his answer, admitted employing Murillo and making advances based on her representation of being single. He claimed he later discovered she was married to a Mr. Rosario and was having intimate relations with other men. He denied paternity of the child and suggested the complaint was instigated by the Tacloban Electric Light and Ice Company, which he had been attacking in his newspaper, the Eagle. The Supreme Court, by resolution of May 26, 1958, dismissed Murillo’s complaint for lack of merit.
Prior to this dismissal, on May 17, 1958, the charges against Superable were published in the Eastern Star, a weekly tabloid in Tacloban City owned, published, and edited by Generoso “Dodong” Herrera. The publication featured a front-page headline “Lawyer Faces Disbarment Rap Filed by ‘Girl Friend'” and included details of Murillo’s complaint. Superable wrote to the Chief Justice, alleging this publication violated the confidentiality of disbarment proceedings under the Rules of Court, causing him mental anguish, reputational damage, and professional embarrassment. The Court then initiated contempt proceedings against Herrera, his associates Noning Susaya and Frank Morada, Delia Murillo, and Victoriano Chan (manager of the Tacloban Electric Light and Ice Company).
ISSUE
Whether the respondents, particularly Generoso Herrera and Delia Murillo, are guilty of contempt of court for publishing the details of the confidential disbarment proceedings against Atty. Nicolas Superable, Jr., while the case was pending before the Supreme Court.
RULING
Yes, Generoso Herrera and Delia Murillo are guilty of contempt of court.
The Supreme Court held that proceedings for disbarment or suspension of attorneys are confidential under Section 10, Rule 128 of the Rules of Court. The publication of the charges in the Eastern Star while the case was pending constituted a clear violation of this rule. The Court found that Delia Murillo supplied a copy of her complaint to Herrera for publication. Herrera, as a newspaper publisher and editor, knowingly published the charges, embellishing them with a headline and comments unfavorable to Superable. The Court rejected Herrera’s claim of ignorance of the law, stating he should have known better than to rush the charges into print. The motive for the publication was linked to a rivalry between Herrera and Superable, both newspaper publishers, and Herrera’s friendship with Victoriano Chan, whom Superable had been attacking.
The Court dismissed the contempt charges against Noning Susaya, Frank Morada, and Victoriano Chan for lack of sufficient evidence of their direct participation. Delia Murillo and Generoso Herrera were found guilty of contempt. Murillo was fined One Hundred Pesos (P100.00) and Herrera was fined Five Hundred Pesos (P500.00), with the admonition that failure to pay would result in more drastic action.
