G.R. No. 36026 ; November 16, 1932
ASTURIAS SUGAR CENTRAL, INC., plaintiff-appellee, vs. THE PURE CANE MOLASSES CO. (PHILIPPINE ISLANDS), INC., defendant-appellant.

FACTS

Attorney Felipe Ysmael, representing appellee Asturias Sugar Central, Inc., filed a motion to cite Attorney W. E. Greenbaum, counsel for appellant Pure Cane Molasses Co., for contempt of court. The motion alleged that Greenbaum, in his memorandum, used improper language implying that Ysmael quoted untrue testimony in his brief to mislead the court. Greenbaum answered, denying he alleged the brief itself was misleading but maintained the quoted testimony was misleading. Ysmael replied, arguing Greenbaum’s answer constituted another contempt and requested both pleadings be stricken and Greenbaum be declared guilty.

ISSUE

Whether Attorney W. E. Greenbaum’s language in his memorandum constitutes contempt of court.

RULING

Yes, the language used was improper and constitutes contempt. The Court found that Greenbaum unnecessarily and without justification used objectionable language against opposing counsel, charging him with attempting to mislead the court by quoting untrue testimony. The Court expressed disapproval of Greenbaum’s conduct, declared the language reproachable, and ordered it stricken from the record. The motion to punish for contempt was resolved with this censure.

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