MONTECILLO v GICA

MONTECILLO v GICA

G.R. No. L-36800. October 21, 1974

ESGUERRA, J.

FACTS:

Montecillo was accused by Gica of slander. Atty. del Mar represented Montecillo and he successfully defended Monteceillo in the lower court. The Court of Appeals reversed the same. Atty. Del Mar then filed a motion for reconsideration where he made a veiled threat against the Court of Appeals judges intimating that he thinks the CA justices “knowingly rendered an unjust decision” and “judgment has been rendered through negligence” and that the CA allowed itself to be deceived.

But the CA did not reverse its judgment. Del Mar then filed a civil case against the three justices of the CAthe CA suspended Atty. Del Mar from practice.

Del Mar asked the SC to reverse his suspension as well as the CA decision as to the Montecillo case, but SC denied both. Del Mar also intimated that even the Supreme Court is part among “the corrupt, the grafters and those allegedly committing injustice”.

Del Mar even filed a civil case against some Supreme Court justices but the judge who handled the case dismissed the same.

ISSUE: Whether or not Atty. Del Mar should be held liable.

HELD: Yes. It is the duty of the lawyer to maintain towards the courts a respectful attitude. As an officer of the court, it is his duty to uphold the dignity and authority of the court to which he owes fidelity, according to the oath he has taken.

Del Mar was then suspended indefinitely.