GR L 2217; (March, 1950) (Digest)
G.R. No. L-2217; March 23, 1950
Miguel R. Cornejo, as attorney for Arcadia Acacio et al., petitioner, vs. Bienvenido A. Tan, Judge of the Court of First Instance of Rizal, respondent.
FACTS
In a civil case, Atty. Miguel R. Cornejo, while testifying as a witness, was prevented by respondent Judge Bienvenido A. Tan from answering most questions due to sustained objections. Cornejo then attempted to enter his appearance as counsel for the defendants, but the judge refused, noting that another lawyer (Atty. Palacol) was already counsel and no proper substitution had been made. Subsequently, Cornejo filed a memorandum accusing the judge of partiality, using strong and insulting language, and stating that copies had been sent to high government officials. The judge found Cornejo guilty of direct contempt for using offensive language and attempting to intimidate the court, sentencing him to a fine. Cornejo petitioned the Supreme Court to compel the judge to admit his appearance, set aside the decision in the civil case, and revoke the contempt judgment.
ISSUE
1. Whether the Supreme Court should order respondent judge to admit Cornejo as counsel and set aside the decision in the civil case.
2. Whether the judgment for direct contempt should be reviewed and revoked.
RULING
1. The Supreme Court declined to rule on the first issue. The civil case had already been decided, and an appeal was pending before the Court of Appeals. Additionally, the opposing parties in the civil case were not impleaded in this petition.
2. The contempt judgment is upheld. No appeal lies from a finding of direct contempt. Cornejo’s memorandum used insulting and contemptuous language against the judge and implied an attempt to intimidate the court by informing it that copies were sent to high officials. Even if judicial errors occurred, they do not justify offensive language or conduct that undermines court dignity. The respondent judge did not commit a clear abuse of discretion in declaring Cornejo in direct contempt. The petition is denied.
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