G.R. No. L-2409

FACTS:
On 29 December 1904, Judge John C. Sweeney of the Court of First Instance of Manila issued an order suspending Felipe G. Calderon from the practice of law for alleged professional misconduct, pursuant to Sections 21 and 22 of the Code of Procedure in Civil Actions. The record of the case was transmitted to the Supreme Court. The Court, upon receipt, referred the record to the Attorney-General (Solicitor-General). The Solicitor-General filed a brief, and Calderon submitted his defense. Calderon complained that he was deprived of his right under Section 25 of the same Code to a full opportunity to answer the charges and to produce witnesses in his behalf before the Supreme Court.

ISSUE:
Whether the proceedings before the Supreme Court violated Felipe G. Calderon’s statutory right to due process in disbarment or suspension proceedings, specifically his right to be heard and present evidence under Section 25 of the Code of Procedure in Civil Actions.

RULING:
Yes. The Supreme Court held that the proceedings were deficient as they did not afford Calderon the procedural safeguards mandated by Section 25. The Court suspended all proceedings and issued an order giving the parties ten days from notice to apply for the taking of testimony. If such an application was made, a commission would be appointed to receive evidence. Otherwise, the case would be decided based solely on the existing record from the Court of First Instance. The Court emphasized that a lawyer cannot be removed or suspended without a full opportunity to answer charges, produce witnesses, and be heard upon reasonable notice.