Case Digest

CHARACTER FORMATION 1
(CFLM-1)
Name: Sangalang,Francisco E. III Date: February 19, 2022
Section:2-2A2 Character Formation 1 (CFLM-1)
Case Digest
Rodriguez and Tulali vs. Blancaflor

(GR 190171 March 14, 2011)
Facts:
1. In this October 13, 2009 judgment, Judge Blcanflor found petitioners Rodriguez and
Tulali guilty of direct contempt and ordered them to issue a public apology to the court.
In a similar decision, Judge Blancanflor barred them from practicing law forever. Tulali
was the trial prosecutor in Criminal Case No. 22240 for arson (arson case) entitled People
of the Philippines v. Teksan Ami, which Judge Blancaflor presided over.
On June 29, 2009, a day before the scheduled promulgation of the decision in the arson
case, Tulali filed an Ex-Parte Manifestation withdrawing his appearance in the said case
to prevent any suspicion of misdemeanor and collusion. He attached to the said
manifestation a copy of the administrative complaint against Awayan filed (but
eventually withdrawn) by his superior, Rodriguez, before the Office of the Governor of
Palawan.In the pendency
of the case, Tulali, the petitioner, was involved in an alleged bribery scheme orchestrated
by Randy Awayan (Awayan), the driving force assigned to Judge Blancaflor, the herein
respondent, on the payroll of the Office of the Governor of Palawan, and one Ernesto
Fernandez (Fernandez), in order to ensure the acquittal of the accused, Rolly Ami (Ami),
and the dismissal of the arison case. Judge Blancaflor issued his judgment on June 30,
2009, acquitting Ami of the crime of arson.
On the basis of the administrative complaint filed against Awayan and Rodriguez, Judge
Blancaflor allegedly called many witnesses, including Tulali, and heard their comments.
He issued an order summoning Rodriguez to appear in court on July 30, 2009, to
undertake an inquiry into his possible role in Tulali's ex-parte manifestation and the
administrative complaint against Awayan, among other things.

(CFLM-1)
Following the submission of petitioners' respective position papers, Judge Blancaflor

delivered the impugned October 13, 2009 decision, finding petitioners guilty of direct
contempt, as previously mentioned. They were both given an indefinite suspension from
practicing law as well as a $100,000.00 fine.
Issues:
1. The petitioners' contempt lawsuits are unconstitutional because they violated on their
right to due process of law.
2. The respondent's decision was found to be a flagrant abuse of discretion because it
issued suspension and contempt complaints against the petitioners simultaneously.
Ruling:
1. Judge Blancaflor ignored the basic protocol in this case, which

calls for a documented charge and a fair hearing. The petitioners
received no order. They were also not charged in any way, either
verbally or in writing. Rodriguez learned about the contempt
proceedings only after receiving the July 30, 2009, order, which
asked him to appear in court to clarify crucial points of the order.
On the other hand, Tulali was only informed of the proceedings
after submitting his cooperation to explain how he received the
administrative complaint against Awayan.
Because the ex-parte hearings to hear the witnesses' statements had already taken place,
the fact that petitioners were given the opportunity to submit appropriate petitions is
insufficient.
2. A contempt proceeding for misbehavior in court is intended to

preserve and protect the court and the public from the official
meddling of persons unfit or unworthy to hold such an office; a
disciplinary proceeding, on the other hand, is intended to test the
endurance of a court's officer to continue in that office, as well as
preserve and protect the court and the public from the official
meddling of persons unfit or unworthy to hold such an
office.Because the fundamental purpose of using the power to cite
(CFLM-1)
for contempt is to protect the court's authority, it should be used

with caution and as a preventative measure rather than a punitive
one. Because the major goal of utilizing the authority to cite for
contempt is to protect the court's operations, it should be used
sparingly and as a preventative measure rather than a punitive
measure.
A notice to a lawyer to show cause why he should not be punished for contempt is not the
same as a notice to show cause why he should not be suspended from practicing law,
because the two serve different goals and follow separate procedures. Files 138 and 139
of the Rules of Court cover disciplinary actions in the profession of law, while Rule 71 of
the Rules of Court governs contempt of court.
Section 2: Remedy.-A person found in direct contempt by any court may not appeal, but
may seek certiorari or prohibition.The execution of the judgment shall be suspended
pending resolution of such a petition, provided such person files a bond fixed by the court
which rendered the judgment and conditions that he will abide by and perform the
judgment should the petition be decided against him. For this
reason, Judge Blancaflor's July 30, 2009 order on the contempt allegation was clearly
incorrect as the notice required in the disciplinary procedures suspending petitioners'
right to practice law.
This Court does not disregard a judge's authority under Section 28, Rule 138 of the
Revised Rules of Court to suspend an attorney from practicing for good reason. The
judge is Blancaflor.
Finally, petitioners are entitled to the remedy of prohibition under Section 2, Rule 71 of
the Rules on Contempt since they have established that Judge Blancaflor engaged in a
gross abuse of discretion, resulting in a lack or excess of jurisdiction.
The petition was granted on October 13, 2009, and the order of November 6, 2009 was
hereby overturned and set aside. Judge BienvenidoBlcanflor is permanently barred from
carrying out the aforementioned judgment and order. This injunctive ruling goes into
effect right away.
(CFLM-1)

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CHARACTER FORMATION 1

Rodriguez and Tulali vs. Blancaflor

Following the submission of petitioners' respective position papers, Judge Blancaflor

1. Judge Blancaflor ignored the basic protocol in this case, which

2. A contempt proceeding for misbehavior in court is intended to

for contempt is to protect the court's authority, it should be used

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