G.R. No. 42992; August 8, 1935
FELIPE SALCEDO, petitioner-appellant, vs. FRANCISCO HERNANDEZ, respondent-appellee. In re contempt proceedings against Attorney VICENTE J. FRANCISCO.

FACTS

Attorney Vicente J. Francisco, representing petitioner Felipe Salcedo, filed a motion containing strong language criticizing a court resolution. The motion stated the resolution was “absolutely erroneous,” an “outrage to the rights of the petitioner,” a “mockery of the popular will,” and that such decisions increase proselytes of “sakdalism” and make the public lose confidence in the administration of justice. It also insinuated that voters might publicly denounce the “judicial outrage” in the press. The court required Francisco to show cause why he should not be held in contempt. In his answer, he reiterated his statements, contending it was not contempt “to tell the truth.”

ISSUE

Whether Attorney Vicente J. Francisco’s statements in his motion constitute contempt of court.

RULING

Yes, the statements constitute contempt of court. The phrases used were disrespectful, implied a veiled threat to the court, and were intended to intimidate and prejudice the court by creating public distrust. As an officer of the court, an attorney has a duty to maintain a respectful attitude to uphold the court’s dignity and authority. While an attorney should defend a client’s cause vigorously, this must be done with propriety and respect, not through intimidation or language that undermines judicial integrity. Attorney Vicente J. Francisco is found guilty of contempt. (A dissenting opinion argued that the language, while intemperate, did not obstruct justice and that the court should tolerate vigorous advocacy, accepting Francisco’s disavowal of wrongful intent.)

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