G.R. No. A.C. No. 8920; September 28, 2011
Judge Rene B. Baculi, Complainant, vs. Atty. Melchor A. Battung, Respondent.

FACTS

Judge Rene B. Baculi, Presiding Judge of the Municipal Trial Court in Cities, Branch 2, Tuguegarao City, filed a disbarment complaint against Atty. Melchor A. Battung for violating Canons 11 and 12 of the Code of Professional Responsibility (CPR). The complaint alleged two sets of incidents. First, on July 24, 2008, during a hearing on a motion for reconsideration in Civil Case No. 2502, Atty. Battung shouted while arguing. When advised by Judge Baculi to lower his voice, the respondent shouted louder. Upon being warned of direct contempt, he shouted, “Then cite me!” Judge Baculi cited him for direct contempt and imposed a fine. The respondent left but later re-entered the courtroom, shouting, “Judge, I will file gross ignorance against you! I am not afraid of you!” He was escorted out and cited for contempt a second time. After the hearings, the respondent waited in the courthouse hall and again shouted the same threats in a threatening tone, challenging the judge to a fight, and had to be escorted out by staff and lawyers. It was also learned he punched a table at the Office of the Clerk of Court. Second, Judge Baculi alleged the respondent filed dilatory pleadings in an ejectment case (Civil Case No. 2640) after a modified decision had become final and executory, by filing a motion to quash a writ of execution on a jurisdictional ground he knew was untenable. In his Answer, the respondent claimed it was Judge Baculi who disrespected him, humiliated him, and provoked his reaction. The IBP Investigating Commissioner reviewed the submitted tape and transcript of the hearing, finding that while both parties eventually shouted, it was Atty. Battung who shouted first at the judge. The Commissioner found the respondent violated Canon 11 and Rule 11.03 of the CPR but found insufficient evidence for the Canon 12 violation. The IBP Board of Governors adopted the report but modified the recommended penalty from a six-month suspension to a reprimand.

ISSUE

Whether Atty. Melchor A. Battung is administratively liable for violating the Code of Professional Responsibility, specifically Rule 11.03, Canon 11, for his conduct towards Judge Rene B. Baculi.

RULING

Yes, Atty. Melchor A. Battung is administratively liable. The Supreme Court agreed with the IBP’s finding that the respondent violated Rule 11.03, Canon 11 of the CPR, which requires a lawyer to abstain from scandalous, offensive, or menacing language or behavior before the courts. The Court found that the respondent disrespected Judge Baculi by shouting at him inside the courtroom during proceedings, in the presence of litigants, counsels, and court personnel. His behavior escalated as he re-entered to harass the judge and later confronted and threatened him in the courthouse hall. This conduct was scandalous and offensive to the integrity of the judicial system. The Court rejected the respondent’s defense of provocation, stating he should not have shouted at the judge and should have instead filed an appropriate action if he believed the judge acted improperly. The Court modified the IBP’s recommended penalty. Atty. Melchor A. Battung is found GUILTY of violating Rule 11.03, Canon 11 of the Code of Professional Responsibility and is SUSPENDED from the practice of law for one (1) year effective upon the finality of the Decision, with a stern warning that a repetition will be dealt with more severely.