Republic of the Philippines

SUPREME COURT
Manila

THIRD DIVISION

A.C. No. 5921 March 10, 2006

JUDGE UBALDINO A. LACUROM, Presiding Judge, Regional Trial Court,

Cabanatuan City, Branch 29 and Pairing Judge, Branch 30, Complainant,
vs.
ATTY. ELLIS F. JACOBA and ATTY. OLIVIA VELASCO-JACOBA, Respondents.

DECISION

CARPIO, J.:

The Case

This administrative case arose from a complaint filed on 22 October 2001 by

Judge Ubaldino A. Lacurom ("Judge Lacurom"), Pairing Judge, Regional Trial Court
of Cabanatuan City, Branch 30, against respondent-spouses Atty. Ellis F. Jacoba
and Atty. Olivia Velasco-Jacoba ("respondents"). Complainant charged
respondents with violation of Rules 11.03,1 11.04,2 and 19.013 of the Code of
Professional Responsibility.

The Facts

The Jacoba-Velasco-Jacoba Law Firm is counsel for plaintiff Alejandro R.

Veneracion ("Veneracion") in a civil case for unlawful detainer against defendant
Federico Barrientos ("Barrientos").4 The Municipal Trial Court of Cabanatuan City
rendered judgment in favor of Veneracion but Barrientos appealed to the Regional
Trial Court. The case was raffled to Branch 30 where Judge Lacurom was sitting as
pairing judge.

On 29 June 2001, Judge Lacurom issued a Resolution ("Resolution") reversing the

earlier judgments rendered in favor of Veneracion.5 The dispositive portion reads:

WHEREFORE, this Court hereby REVERSES its Decision dated December 22, 2000,
as well as REVERSES the Decision of the court a quo dated July 22, 1997.

Furthermore, the plaintiff-appellee Alejandro Veneracion is ordered to CEASE and

DESIST from ejecting the defendant-appellant Federico Barrientos from the 1,000
square meter homelot covered by TCT No. T-75274, and the smaller area of one
hundred forty-seven square meters, within the 1,000 sq.m. covered by TCT No. T-
78613, and the house thereon standing covered by Tax Declaration No. 02006-
01137, issued by the City Assessor of Cabanatuan City; and Barrientos is ordered
to pay Veneracion P10,000.00 for the house covered by Tax Declaration No.
02006-01137.

SO ORDERED.6

Veneracion’s counsel filed a Motion for Reconsideration (with Request for

Inhibition)7 dated 30 July 2001 ("30 July 2001 motion"), pertinent portions of which
read:
II. PREFATORY STATEMENT

This RESOLUTION of REVERSAL is an ABHORRENT NULLITY as it is entirely DEVOID

of factual and legal basis. It is a Legal MONSTROSITY in the sense that the
Honorable REGIONAL TRIAL COURT acted as if it were the DARAB (Dept. of
Agrarian Reform ADJUDICATION BOARD)! x x x HOW HORRIBLE and TERRIBLE!
The mistakes are very patent and glaring! x x x

xxxx

III. GROUNDS FOR RECONSIDERATION

1. The Honorable Pairing Court Presiding Judge ERRED in Peremptorily and

Suddenly Reversing the Findings of the Lower Court Judge and the Regular RTC
Presiding Judge:1awph!l.net

x x x The defendant filed a Motion for Reconsideration, and after a very

questionable SHORT period of time, came this STUNNING and SUDDEN REVERSAL.
Without any legal or factual basis, the Hon. Pairing Judge simply and peremptorily
REVERSED two (2) decisions in favor of the plaintiff. This is highly questionable, if
not suspicious, hence, this Motion for Reconsideration.

xxxx

[The Resolution] assumes FACTS that have not been established and presumes
FACTS not part of the records of the case, all "loaded" in favor of the alleged
"TENANT." Clearly, the RESOLUTION is an INSULT to the Judiciary and an
ANACHRONISM in the Judicial Process. Need we say more?

xxxx

4. The Honorable Pairing Court Presiding Judge ERRED in Holding That the
Defendant is Entitled to a Homelot, and That the Residential LOT in Question is
That Homelot:

THIS ERROR IS STUPENDOUS and a real BONER. Where did the Honorable PAIRING
JUDGE base this conclusion? x x x This HORRENDOUS MISTAKE must be corrected
here and now!

xxxx

6. The Honorable Pairing Court Presiding Judge ERRED Grievously in Holding and
Declaring that The [court] A QUO Erroneously Took Cognizance of the Case and
That It Had No Jurisdiction over the Subject-Matter:

Another HORRIBLE ERROR! Even an average Law Student knows that

JURISDICTION is determined by the averments of the COMPLAINT and not by the
averments in the answer! This is backed up by a Litany of Cases!

xxxx

7. FINALLY, the Honorable Pairing Court Presiding Judge Ridiculously ERRED in

Ordering the Defendant To Pay P10,000.00 to the Plaintiff As Payment for
Plaintiff’s HOUSE:
THIS IS the Last STRAW, but it is also the Best ILLUSTRATION of the Manifold
GLARING ERRORS committed by the Hon. Pairing Court Judge.

xxxx

This Order of the Court for the plaintiff to sell his RESIDENTIAL HOUSE to the
defendant for the ridiculously LOW price of P10,000.00 best illustrates the Long
Line of Faulty reasonings and ERRONEOUS conclusions of the Hon. Pairing Court
Presiding Judge. Like the proverbial MONSTER, the Monstrous Resolution should
be slain on sight!8

The 30 July 2001 motion prayed that (1) Judge Lacurom inhibit himself "in order to
give plaintiff a fighting chance" and (2) the Resolution be reconsidered and set
aside.9 Atty. Olivia Velasco-Jacoba ("Velasco-Jacoba") signed the motion on behalf
of the Jacoba-Velasco-Jacoba Law Firm.

On 6 August 2001, Judge Lacurom ordered Velasco-Jacoba to appear before his

sala and explain why she should not be held in contempt of court for the "very
disrespectful, insulting and humiliating" contents of the 30 July 2001 motion.10 In
her Explanation, Comments and Answer,11 Velasco-Jacoba claimed that "His Honor
knows beforehand who actually prepared the subject Motion; records will show
that the undersigned counsel did not actually or actively participate in this
case."12 Velasco-Jacoba disavowed any "conscious or deliberate intent to degrade
the honor and integrity of the Honorable Court or to detract in any form from the
respect that is rightfully due all courts of justice."13 She rationalized as follows:

x x x at first blush, [the motion] really appears to contain some sardonic, strident
and hard-striking adjectives. And, if we are to pick such stringent words at
random and bunch them together, side-by-side x x x then collectively and
certainly they present a cacophonic picture of total and utter disrespect. x x x

xxxx

We most respectfully submit that plaintiff & counsel did not just fire a staccato of
incisive and hard-hitting remarks, machine-gun style as to be called contumacious
and contemptuous. They were just articulating their feelings of shock,
bewilderment and disbelief at the sudden reversal of their good fortune, not
driven by any desire to just cast aspersions at the Honorable Pairing judge. They
must believe that big monumental errors deserve equally big adjectives, no more
no less. x x x The matters involved were [neither] peripheral nor marginalized,
and they had to call a spade a spade. x x x14

Nevertheless, Velasco-Jacoba expressed willingness to apologize "for whatever

mistake [they] may have committed in a moment of unguarded discretion when
[they] may have ‘stepped on the line and gone out of bounds’." She also agreed
to have the allegedly contemptuous phrases stricken off the record.15

On 13 September 2001, Judge Lacurom found Velasco-Jacoba guilty of contempt

and penalized her with imprisonment for five days and a fine of P1,000.16

Velasco-Jacoba moved for reconsideration of the 13 September 2001 order. She

recounted that on her way out of the house for an afternoon hearing, Atty. Ellis
Jacoba ("Jacoba") stopped her and said "O, pirmahan mo na ito kasi last day na,
baka mahuli." (Sign this as it is due today, or it might not be filed on time.) She
signed the pleading handed to her without reading it, in "trusting blind faith" on
her husband of 35 years with whom she "entrusted her whole life and future."17
This pleading turned out to be the 30 July 2001 motion which Jacoba drafted but
could not sign because of his then suspension from the practice of law.18

Velasco-Jacoba lamented that Judge Lacurom had found her guilty of contempt
without conducting any hearing. She accused Judge Lacurom of harboring "a
personal vendetta," ordering her imprisonment despite her status as "senior lady
lawyer of the IBP Nueva Ecija Chapter, already a senior citizen, and a
grandmother many times over."19 At any rate, she argued, Judge Lacurom should
have inhibited himself from the case out of delicadeza because "[Veneracion] had
already filed against him criminal cases before the Office of the City Prosecutor of
Cabanatuan City and before the Ombudsman."20

The records show that with the assistance of counsel Jacoba and the Jacoba-
Velasco-Jacoba Law Firm, Veneracion had executed an affidavit on 23 August
2001 accusing Judge Lacurom of knowingly rendering unjust judgment through
inexcusable negligence and ignorance21 and violating

Section 3(e) of Republic Act No. 3019 ("RA 3019").22 The first charge became the
subject of a preliminary investigation23 by the City Prosecutor of Cabanatuan City.
On the second charge, Veneracion set forth his allegations in a Complaint-
Affidavit24 filed on 28 August 2001 with the Office of the Deputy Ombudsman for
Luzon.

Judge Lacurom issued another order on 21 September 2001, this time directing
Jacoba to explain why he should not be held in contempt.25 Jacoba complied by
filing an Answer with Second Motion for Inhibition, wherein he denied that he
typed or prepared the 30 July 2001 motion. Against Velasco-Jacoba’s statements
implicating him, Jacoba invoked the marital privilege rule in evidence.26 Judge
Lacurom later rendered a decision27 finding Jacoba guilty of contempt of court and
sentencing him to pay a fine of P500.

On 22 October 2001, Judge Lacurom filed the present complaint against

respondents before the Integrated Bar of the Philippines (IBP).

Report and Recommendation of the IBP

Respondents did not file an answer and neither did they appear at the hearing set
by IBP Commissioner Atty. Lydia A. Navarro ("IBP Commissioner Navarro") despite
sufficient notice.28

IBP Commissioner Navarro, in her Report and Recommendation of 10 October

2002, recommended the suspension of respondents from the practice of law for
six months.29 IBP Commissioner Navarro found that "respondents were prone to
us[ing] offensive and derogatory remarks and phrases which amounted to
discourtesy and disrespect for authority."30 Although the remarks were not
directed at Judge Lacurom personally, they were aimed at "his position as a judge,
which is a smack on the judiciary system as a whole."31

The IBP Board of Governors ("IBP Board") adopted IBP Commissioner Navarro’s
Report and Recommendation, except for the length of suspension which the IBP
Board reduced to three months.32 On 10 December 2002, the IBP Board
transmitted its recommendation to this Court, together with the documents
pertaining to the case.

Several days later, Velasco-Jacoba sought reconsideration of the IBP Board

decision, thus:33
 xxxx

3. For the information of the Honorable Commission, the present

complaint of Judge Lacurom is sub judice; the same issues
involved in this case are raised before the Honorable Court of
Appeals presently pending in CA-G.R. SP No. 66973 for Certiorari
and Mandatory Inhibition with TRO and Preliminary Injunction x x
x;

4. We filed an Administrative Case against Judge Lacurom before the

Supreme Court involving the same issues we raised in the aforementioned
Certiorari case, which was dismissed by the Supreme Court for being
premature, in view of the pending Certiorari case before the Court of
Appeals;

5. In like manner, out of respect and deference to the Court of Appeals, the
present complaint should likewise be dismissed and/or suspended pending
resolution of the certiorari case by the Court of Appeals.34 (Emphasis
supplied)

The Court’s Ruling

On a preliminary note, we reject Velasco-Jacoba’s contention that the present

complaint should be considered sub judice in view of the petition for certiorari and
mandatory inhibition with preliminary injunction ("petition for certiorari")35 filed
before the Court of Appeals.

The petition for certiorari, instituted by Veneracion and Velasco-Jacoba on 4

October 2001, seeks to nullify the following orders issued by Judge Lacurom in
Civil Case No. 2836: (1) the Orders dated 26 September 2001 and 9 November
2001 denying respondents’ respective motions for inhibition; and (2) the 13
September 2001 Order which found Velasco-Jacoba guilty of contempt. The
petitioners allege that Judge Lacurom acted "with grave abuse of discretion
[amounting] to lack of jurisdiction, in violation of express provisions of the law and
applicable decisions of the Supreme Court."36

Plainly, the issue before us is respondents’ liability under the Code of Professional
Responsibility. The outcome of this case has no bearing on the resolution of the
petition for certiorari, as there is neither identity of issues nor causes of action.

Neither should the Court’s dismissal of the administrative complaint against Judge
Lacurom for being premature impel us to dismiss this complaint. Judge Lacurom’s
orders in Civil Case No. 2836 could not be the subject of an administrative
complaint against him while a petition for certiorari assailing the same orders is
pending with an appellate court. Administrative remedies are neither alternative
nor cumulative to judicial review where such review is available to the aggrieved
parties and the same has not been resolved with finality. Until there is a final
declaration that the challenged order or judgment is manifestly erroneous, there
will be no basis to conclude whether the judge is administratively liable.37

The respondents are situated differently within the factual setting of this case.
The corresponding implications of their actions also give rise to different liabilities.
We first examine the charge against Velasco-Jacoba.

There is no dispute that the genuine signature of Velasco-Jacoba appears on the

30 July 2001 motion. Velasco-Jacoba’s responsibility as counsel is governed by
Section 3, Rule 7 of the Rules of Court:
SEC. 3.Signature and address.—Every pleading must be signed by the party or
counsel representing him x x x.

The signature of counsel constitutes a certificate by him that he has

read the pleading, that to the best of his knowledge, information, and
belief there is good ground to support it, and that it is not interposed for
delay.

x x x Counsel who x x x signs a pleading in violation of this Rule, or

alleges scandalous or indecent matter therein x x x shall be subject to
appropriate disciplinary action. (Emphasis supplied)

By signing the 30 July 2001 motion, Velasco-Jacoba in effect certified that she had
read it, she knew it to be meritorious, and it was not for the purpose of delaying
the case. Her signature supplied the motion with legal effect and elevated its
status from a mere scrap of paper to that of a court document.

Velasco-Jacoba insists, however, that she signed the 30 July 2001 motion only
because of her husband’s request but she did not know its contents beforehand.
Apparently, this practice of signing each other’s pleadings is a long-standing
arrangement between the spouses. According to Velasco-Jacoba, "[s]o implicit is
[their] trust for each other that this happens all the time. Through the years, [she]
already lost count of the number of pleadings prepared by one that is signed by
the other."38 By Velasco-Jacoba’s own admission, therefore, she violated Section 3
of Rule 7. This violation is an act of falsehood before the courts, which in itself is a
ground

for subjecting her to disciplinary action, independent of any other ground arising
from the contents of the 30 July 2001 motion.39

We now consider the evidence as regards Jacoba. His name does not appear in
the 30 July 2001 motion. He asserts the inadmissibility of Velasco-Jacoba’s
statement pointing to him as the author of the motion.

The Court cannot easily let Jacoba off the hook. Firstly, his Answer with Second
Motion for Inhibition did not contain a denial of his wife’s account. Instead, Jacoba
impliedly admitted authorship of the motion by stating that he "trained his guns
and fired at the errors which he perceived and believed to be gigantic and
monumental."40

Secondly, we find Velasco-Jacoba’s version of the facts more plausible, for two
reasons: (1) her reaction to the events was immediate and spontaneous, unlike
Jacoba’s defense which was raised only after a considerable time had elapsed
from the eruption of the controversy; and (2) Jacoba had been counsel of record
for Veneracion in Civil Case No. 2836, supporting Velasco-Jacoba’s assertion that
she had not "actually participate[d]" in the prosecution of the case.

Moreover, Jacoba filed a Manifestation in Civil Case No. 2836, praying that Judge
Lacurom await the outcome of the petition for certiorari before deciding the
contempt charge against him.41 This petition for certiorari anchors some of its
arguments on the premise that the motion was, in fact, Jacoba’s handiwork.42

The marital privilege rule, being a rule of evidence, may be waived by failure of
the claimant to object timely to its presentation or by any conduct that may be
construed as implied consent.43 This waiver applies to Jacoba who impliedly
admitted authorship of the 30 July 2001 motion.
The Code of Professional Responsibility provides:

Rule 11.03.—A lawyer shall abstain from scandalous, offensive or menacing

language or behavior before the Courts.

Rule 11.04.—A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.

No doubt, the language contained in the 30 July 2001 motion greatly exceeded
the vigor required of Jacoba to defend ably his client’s cause. We recall his use of
the following words and phrases: abhorrent nullity, legal monstrosity, horrendous
mistake, horrible error, boner, and an insult to the judiciary and an anachronism
in the judicial process. Even Velasco-Jacoba acknowledged that the words created
"a cacophonic picture of total and utter disrespect."44

Respondents nonetheless try to exculpate themselves by saying that every

remark in the 30 July 2001 motion was warranted. We disagree.

Well-recognized is the right of a lawyer, both as an officer of the court and as a

citizen, to criticize in properly respectful terms and through legitimate channels
the acts of courts and judges.45 However, even the most hardened judge would be
scarred by the scurrilous attack made by the 30 July 2001 motion on Judge
Lacurom’s Resolution. On its face, the Resolution presented the facts correctly
and decided the case according to supporting law and jurisprudence. Though a
lawyer’s language may be forceful and emphatic, it should always be dignified
and respectful, befitting the dignity of the legal profession.46 The use of
unnecessary language is proscribed if we are to promote high esteem in the
courts and trust in judicial administration.47

In maintaining the respect due to the courts, a lawyer is not merely enjoined to
use dignified language but also to pursue the client’s cause through fair and
honest means, thus:

Rule 19.01.—A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten
to present unfounded criminal charges to obtain an improper advantage in any
case or proceeding.

Shortly after the filing of the 30 July 2001 motion but before its resolution, Jacoba
assisted his client in instituting two administrative cases against Judge Lacurom.
As we have earlier noted, Civil Case No. 2836 was then pending before Judge
Lacurom’s sala. The Court’s attention is drawn to the fact that the timing of the
filing of these administrative cases could very well raise the suspicion that the
cases were intended as leverage against Judge Lacurom.

Respondent spouses have both been the subject of administrative cases before
this Court. In Administrative Case No. 2594, we suspended Jacoba from the
practice of law for a period of six months because of "his failure to file an action
for the recovery of possession of property despite the lapse of two and a half
years from receipt by him of P550 which his client gave him as filing and sheriff’s
fees."48 In Administrative Case No. 5505, Jacoba was once again found remiss in
his duties when he failed to file the appellant’s brief, resulting in the dismissal of
his client’s appeal. We imposed the penalty of one year suspension.49

As for Velasco-Jacoba, only recently this Court fined her P5,000 for appearing in
barangay conciliation proceedings on behalf of a party, knowing fully well the
prohibition contained in Section 415 of the Local Government Code.50
In these cases, the Court sternly warned respondents that a repetition of similar
acts would merit a stiffer penalty. Yet, here again we are faced with the question
of whether respondents have conducted themselves with the courtesy and candor
required of them as members of the bar and officers of the court. We find
respondents to have fallen short of the mark.

WHEREFORE, we SUSPEND Atty. Ellis F. Jacoba from the practice of law for two
(2) years effective upon finality of this Decision. We also SUSPEND Atty. Olivia
Velasco-Jacoba from the practice of law for two (2) months effective upon finality
of this Decision. We STERNLY WARN respondentsthat a repetition of the same or
similar infraction shall merit a more severe sanction.

Let copies of this Decision be furnished the Office of the Bar Confidant, to be
appended to respondents’ personal records as attorneys; the Integrated Bar of
the Philippines; and all courts in the country for their information and guidance.

SO ORDERED.

ANTONIO T. CARPIO
Associate Justice

WE CONCUR:

LEONARDO A. QUISUMBING
Associate Justice
Chairperson

CONCHITA CARPIO MORALES DANTE O. TINGA

Associate Justice Asscociate Justice