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In Re: Almacen, 31 SCRA 562

19 Jul

FACTS:

Atty. Vicente Raul Almacen filed a “Petition to Surrender the Lawyer’s Certificate of Title” to the Supreme Court as a sign of his protest as against to what he call a tribunal “peopled by people who are calloused to our pleas for justice…”. He also expressed strong words as against the judiciary like “justice… is not only blind, but also deaf and dumb.” . The petition rooted from the case he lost due to the absence of time and place in his motion in the trial court. His appeal was dismissed in the Court of Appeals by reason of jurisprudence. In a petition for certiorari in the Supreme Court, it was again dismissed thru a minute resolution. With the disappointments, he thought of this sacrificial move. He claimed that this petition to surrender his title is only in trust, and that he may obtain the title again as soon as he regained confidence in the justice system.

ISSUE:

Whether or not Atty. Almacen should be given disciplinary actions for his acts.

HELD:

YES. Indefinite suspension imposed.

RATIO:

It has been pointed out by the Supreme Court that there is no one to blame but Atty. Almacen himself because of his negligence. Even if the intentions of his accusations are so noble, in speaking of the truth and alleged injustices,so as not to condemn the sinners but the sin, it has already caused enough damage and disrepute to the judiciary. Since this particular case is sui generis in its nature, a number of foreign and local jurisprudence in analogous cases were cited as benchmarks and references. Between disbarment and suspension, the latter was imposed. Indefinite suspension may only be lifted until further orders, after Atty. Almacen may be able to prove that he is again fit to resume the practice of law.

 
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Posted by on July 19, 2012 in Case Digests, Legal Ethics

 

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