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    Case No. 16 Poblete Vs CA

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    Joseph John Santos Ronquillo
    The Supreme Court found Atty. Roberto T. Neri guilty of indirect contempt for failing to inform the Court that his client, Aida Poblete, had been acquitted in 1999, which would have allowed the Court to dismiss the petition much earlier. [1] Both Atty. Neri and opposing counsel failed to notify the Court of the acquittal. [2] While opposing counsel claimed good faith, the Court ruled that Atty. Neri's claim that he forgot about the case violated his duty under the Code of Professional Responsibility to assist in the efficient administration of justice. [3] Atty. Neri was ordered to pay a fine of 5,000 pesos.

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    Case No. 16 Poblete Vs CA

    Uploaded by

    Joseph John Santos Ronquillo
    89 views1 page
    The Supreme Court found Atty. Roberto T. Neri guilty of indirect contempt for failing to inform the Court that his client, Aida Poblete, had been acquitted in 1999, which would have allowed the Court to dismiss the petition much earlier. [1] Both Atty. Neri and opposing counsel failed to notify the Court of the acquittal. [2] While opposing counsel claimed good faith, the Court ruled that Atty. Neri's claim that he forgot about the case violated his duty under the Code of Professional Responsibility to assist in the efficient administration of justice. [3] Atty. Neri was ordered to pay a fine of 5,000 pesos.

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    The Supreme Court found Atty. Roberto T. Neri guilty of indirect contempt for failing to inform the Court that his client, Aida Poblete, had been acquitted in 1999, which would have allowed the Court to dismiss the petition much earlier. [1] Both Atty. Neri and opposing counsel failed to notify the Court of the acquittal. [2] While opposing counsel claimed good faith, the Court ruled that Atty. Neri's claim that he forgot about the case violated his duty under the Code of Professional Responsibility to assist in the efficient administration of justice. [3] Atty. Neri was ordered to pay a fine of 5,000 pesos.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views1 page

    Case No. 16 Poblete Vs CA

    Uploaded by

    Joseph John Santos Ronquillo
    The Supreme Court found Atty. Roberto T. Neri guilty of indirect contempt for failing to inform the Court that his client, Aida Poblete, had been acquitted in 1999, which would have allowed the Court to dismiss the petition much earlier. [1] Both Atty. Neri and opposing counsel failed to notify the Court of the acquittal. [2] While opposing counsel claimed good faith, the Court ruled that Atty. Neri's claim that he forgot about the case violated his duty under the Code of Professional Responsibility to assist in the efficient administration of justice. [3] Atty. Neri was ordered to pay a fine of 5,000 pesos.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    G.R. NO.

    128859: June 23, 2005

    AIDA POBLETE and HON. REUBEN P. DE LA CRUZ, in his capacity as Presiding Judge, Regional Trial
    Court, Branch 272, Marikina City vs. COURT OF APPEALS and WILLIAM LU

    FACTS:

    It was only in 2004 that the Court learned of the acquittal of Poblete in 1999, after the transmittal by the
    Marikina City RTC to this Court of the records of the said criminal case. Considering that the subject
    matter of the petition related to the grant of bail to Poblete, this petition could have been immediately
    dismissed as far back as 1999, had the Court been informed of the acquittal of the petitioner.
    Unfortunately, neither the petitioner nor private respondent bothered to inform the Court of the fact of
    acquittal. Hence, the Court resolved in its DECISION to direct the parties' respective counsels, Atty.
    Roberto T. Neri for the petitioner, and Atty. Arturo E. Balbastro for the private respondent, to explain
    why they should not be held liable for indirect contempt for such failure to inform the Court.

    Atty. Balbastro argues that he could not be held liable for indirect contempt owing to his good faith and
    lack of intention to impede, obstruct or degrade the administration of justice. On the other hand, Atty.
    Neri similarly invokes his lack of intention to impede, obstruct or degrade the administration of justice,
    and adds that "due to extreme pressure of his work, occasioned by the numerous cases he has been
    handling he totally forgot, albeit unfortunate, about the petition that he had filed in this case."

    ISSUE: Whether or not the failure of Atty. Neri to inform the court of the acquittal of Poblete constitute
    a violation of the CPR?

    RULING: YES.

    CANON 12 of The Code of Professional Responsibility provides that “a lawyer is obliged to exert every
    effort and consider it his duty to assist in the speedy and efficient administration of justice.”

    Atty. Neri’s manifestation that he had forgotten about the present petition is an improper conduct
    tending to impede the administration of justice. The Court's docket is already overstocked as it is, and
    any and all attempts by the parties to lighten the burden by withdrawing those unnecessary litigations
    are always welcome. In this case, the Court would have been spared the burden of deliberating on the
    petition.

    WHEREFORE, Atty. Roberto T. Neri is hereby found GUILTY of INDIRECT CONTEMPT and ordered to PAY
    A FINE of FIVE THOUSAND PESOS (P5,000.00) within ten (10) days from notice, or to suffer
    imprisonment of ten (10) days in case he fails to pay the fine.

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