In Re Letter Dated 21 February 2005 of Atty. Noel Sorreda

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In re letter dated 21 February 2005 of Atty.

Noel Sorreda

FACTS:
Atty. Noel S. Sorreda expressed his frustrations over the unfavorable
outcome of and the manner by which the Court resolved the cases filed
by him. Atty. Sorreda wrote a letter addressed to the Chief Justice,
denouncing the Court, as follows:
Mr. Chief Justice, I believe the manner the Court comported itself in
the aforesaid case is totally execrable and atrocious, entirely
unworthy of the majesty and office of the highest tribunal of the
land. It is the action not of men of reason or those who believe in the
rule of law, but rather of bullies and tyrants from whom 'might is
right. I say, shame on the High Court, for shoving down a hapless
suitor's throat a ruling which, from all appearances, it could not
justify.

Reacting to the above, the Court, in an en banc Resolution


required Atty. Sorreda to show cause why he should not be properly
disciplined for degrading, insulting and dishonoring the Supreme Court by
using vile, offensive, intemperate and contemptuous derogatory
language against it. Atty. Sorreda disparaged the Court with intemperate,
insulting, offensive and derogatory language, to wit:
SOMETHING HAS GOT TO BE SERIOUSLY AND TERRIBLY WRONG WITH
THE COUNTRY'S JUSTICE SYSTEM
WHAT IS HAPPENING TO THE JUSTICE SYSTEM IN THIS COUNTRY, MR.
CHIEF JUSTICE?

ISSUE:
Whether or not Atty. Sorreda is guilty both of contempt of court and
violation of the Code of Professional Responsibility amounting to gross
misconduct as an officer of the court and member of the Bar

HELD:
Yes. Unfounded accusations or allegations or words tending to
embarrass the court or to bring it into disrepute have no place in a
pleading. Their employment serves no useful purpose. On the contrary,
they constitute direct contempt of court or contempt in facie curiae and
a violation of the lawyer's oath and a transgression of the Code of
Professional Responsibility. If a pleading containing derogatory, offensive
and malicious statements is submitted in the same court or judge in which
the proceedings are pending, it is direct contempt, equivalent as it is to a
misbehavior committed in the presence of or so near a court or judge as
to interrupt the administration of justice. Direct contempt is punishable
summarily.
Atty Sorreda's conduct likewise violated the Code of Professional
Responsibility, specifically -
CANON 11 - A lawyer shall observe and maintain the respect due to the
courts and to judicial officers and should insist on similar conduct by
others.

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 having no materiality to the case.
While a lawyer owes absolute fidelity to the cause of his client, full
devotion to his client's genuine interest and warm zeal in the
maintenance and defense of his client's rights, as well as the exertion of
his utmost learning and ability, he must do so only within the bounds of the
law.

Atty. Sorreda must be reminded that his first duty is not to his client
but to the administration of justice, to which his client's success is wholly
subordinate. His conduct ought to and must always be scrupulously
observant of law and ethics. The use of intemperate language and unkind
ascription can hardly be justified nor can it have a place in the dignity of
judicial forum. Atty. Sorreda has transcended the permissible bounds of
fair comment and constructive criticism to the detriment of the orderly
administration of justice.

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