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    Rivera vs. Corral

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    Ren Araba

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    © All Rights Reserved
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    Rivera vs. Corral

    Uploaded by

    Ren Araba
    2 views1 page

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    rivera vs. Corral

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    2 views1 page

    Rivera vs. Corral

    Uploaded by

    Ren Araba

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    © All Rights Reserved
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    of 1

    lOMoARcPSD|48395413

    LEGAL PROFESSION
    filed. This disinclination of the OSG to seasonably file required  W/N Judge Noynay has the jurisdiction to handle the election
    pleadings constitutes deplorable disservice to the public and can only be cases in his sala.
    categorized as inefficiency on the part of the govt law office.
    Held:
    Counsel for FESC, the law firm of Del Rosario and Del Rosario,  (RC Note: parts of the SC decision were in the ―Facts‖
    specifically its asscociate Tria is reprimaded and warned that a portion, since you will not understand the case if I placed it in
    repetition of the same acts shall be dealt with severely. the bottom‖
     Yes.
    The original members of the legal tean of the OSG are admonished and  Judge Noynay and Atty. Balbuena should also be
    warned tha a repetition shall also be dealt with more stringently. admonished.
     The judge should be reminded of his duty to be studious of the
    Baka lang itanong kung ano ruling: The decision of the CA is affirmed. principles of law, to administer his office with due regard to the
    Gavino, MPA and FESC are declared solidarily liable with MPA entitled integrity of the system of the law itself, to be faithful to the law,
    to reimbursement from Gavino for such amount of the adjudged and to maintain professional competence.
    pecuniary liability in excess of the amount equivalent to 75% of its  Balbuena should also be admonished for his utter
    prescribed reserved fund. carelessness in his references.
     Rule 10.02 mandates that a lawyer shall not knowingly
    53 COMELEC v NOYNAY misquote or misrepresent the text of a decision or authority.

    Facts: 54 RIVERA v CORRAL


     Judge Tomas Noynay ordered the records of a certain
    election case to be withdrawn and directed to the Comelec.
     The case was against Diosdada Amor, a public school Facts:
    principal and other public school teachers for having violated  A decision in a case for ejectment was sent to Atty Corral. His
    the Omnibus Election Code: for having engaged in partisan secretary received the decision on Feb 23, 1990.
    political activities.  On March 13, 1990 Atty Corral filed a notice of appeal. The
     Comelec wanted to prosecute Amor et al. (This case is next day, Corral went to the Office of the Clerk of Court to
    irrelevant to the main case) change the date of receipt of the decision from Feb 23 to Feb
     Apparently, the maximum imposable penalty in each of the 29 (which was later changed to Feb 28 when Corral realized
    cases does not exceed 6 years. that there was no Feb 29 that year). Para hindi siya ma-
     The judge dismissed the cases, using as basis the Judiciary disqualify ng 15-day appeal period.
    Reorganization Act: Not exceeding 6 years, not with RTC but  Rivera filed a complaint for disbarment against Atty Corral for
    with MTC. tampering the court‘s records without such court‘s permission
     But the Omnibus Election Code states that the regional trial or knowledge.
    court shall have the ―exclusive jurisdiction to try and decide  The IBP investigating committee affirmed the charges and
    any criminal action or proceedings for violation of this code recommended suspension. Later on, the IBP Board ordered
    XXX‖ Corral‘s suspension.
     A closer reading of the Judiciary Reorganization Act (in its first  Corral claims he was not afforded due process or hearing.
    sentence says): ―Except in cases falling within the original
    jurisdiction of the Regional Trial Court XXX‖ Issue:
     The Omnibus Election Code is an older law v the Judiciary Can Atty Corral be suspended?
    Election Act
     Judge Noynay ―did not read at all the opening sentence of the Held:
    Judiciary Election Act‖ when he dismissed the cases. Yes. Contrary to Corral‘s claim that he was not afforded due process, he
    was in fact given the opportunity to present his evidence during the
     Comelec‘s lawyer was Atty. Jose Balbuena from the Comelec course of the proceedings. According to the records, the hearings had to
    legal department. be rescheduled several times to accommodate his requests. But he did
     In his Motion for Reconsideration (see p 263), he quoted the not appear on the scheduled hearings. He cannot now claim that he was
    memorandum of te Court Administrator (not the SC) and denied due process.
    made it appear that these were the words of the SC. It should be remembered that the essence of due process is simply an
     He cited a case, but erroneously: opportunity to be heard.
    o What he used: ―Alberto Naldeza‖/Alberto
    o Alberto Naldoza The Court finds that Atty Corral violated his oath by engaging in
     He said the case was in volume 245 of the SCRA, but it was unlawful, dishonest, or deceitful conduct. By altering the material dates
    really in volume 254. to make it appear that the notice of appeal was timely filed, Corral
    committed an act of dishonesty. A suspension for 1 year is warranted.
    Issue:
    55 YOUNG v BATUEGAS

    Page 130 of 203

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