AM 96 1; (July, 1997) (Digest)
G.R. No. SC-96-1 July 10, 1997
Atty. Damaso S. Flores, complainant, vs. Hon. Bernardo P. Abesamis, Regional Trial Court, Branch 85, Quezon City (now Deputy Court Administrator), respondent. In re: Contempt Proceeding v. Atty. Damaso S. Flores, respondent.
FACTS
Atty. Damaso S. Flores was the defendant in Civil Case No. Q-45825 for a debt to Rolando Ligon. A compromise judgment was rendered in 1985. After a series of appeals and certiorari actions initiated by both parties, Flores sought to regain possession of the Parañaque Cockpit Stadium. Despite orders from Judge Bernardo P. Abesamis in 1988 directing restoration of possession to Flores, enforcement was repeatedly delayed by Ligon’s legal maneuvers, including obtaining temporary restraining orders from the Court of Appeals and the Supreme Court. Aware of these circumstances preventing enforcement, Flores filed criminal and administrative cases against Judge Abesamis (and later Judge Teodoro Regino), accusing him of partiality, bad faith, and gross negligence. These cases (OMB Case No. 0-89-01209, A.M. No. 90-11-332-SBA, A.M. No. RTJ-89-348, and A.M. No. RTJ-90-505) were all dismissed for lack of merit. Subsequently, on December 21, 1995, Flores filed another complaint against Judge Abesamis with the Ombudsman (CPL No. 95-3618, referred to the Supreme Court as A.M. No. SC-96-1), which was also dismissed for utter lack of merit on December 23, 1996. The Court then ordered Flores to explain why he should not be disciplined for willful disregard of court judgments, abuse of process, and forum-shopping.
ISSUE
Whether Atty. Damaso S. Flores is guilty of contempt of court for his actions, including filing baseless administrative and criminal cases against judges, forum-shopping, and abuse of court processes.
RULING
Yes, Atty. Damaso S. Flores is guilty of contempt of court. The Court found that Flores had, more than once: (1) instituted criminal and administrative proceedings against Judge Abesamis and Judge Regino which he knew to be completely without basis in fact; (2) resorted to administrative and criminal prosecution contemporaneously with, and prior to exhaustion of, judicial remedies; and (3) engaged in forum-shopping. He is guilty of abuse of the process or proceedings of the courts, and of improper conduct tending to obstruct or degrade the administration of justice under Section 3, Rule 71 of the Rules of Court. The Court noted his obdurate refusal to accept that earlier judgments in his favor had been superseded by later verdicts due to supervening events. Therefore, Atty. Damaso S. Flores is declared guilty of contempt of court and sentenced to pay a fine of One Thousand Pesos (P1,000.00).