Mercado V Sec. Bank Corp

Mercado V.
SEC BANK Corp

FACTS: On December 12, 2003, Jose Teofilo T. Mercado and Ma. Agnes R. Mercado, petitioners, filed with the
Court a Petition for Review on Certiorari assailing the Court of Appeals (a) Decision dated May 27, 2003 in CA-G.R.
SP No. 71570 dismissing their petition for annulment of judgment; and (b) its Resolution dated October 23, 2003
denying their motion for reconsideration. Such petition were denied twice because of petitioners failure to show a
reversible error had been committed by the Appellate Court. This prompted petitioner Jose Teofilo Mercado to
write Chief Justice Hilario G. Davide assailing the latter of his partiality by alleging that he pressured the Justice
Angelina Sandoval-Gutierrez, the ponente handling the petitioners case, to favor his adversary Security Bank
Corporation. He alleged that this information was transmitted to him by his counsel, Atty. Jose P. Villanueva, who
he claims is a close friend of the ponente. Petitioner further alleged that an irregularity or bribery attended the
denial of his petition for review by insinuating that the travels of Atty. Villanueva and the ponente abroad were
financed by respondent bank.
On November 2, 2004, Chief Justice Davide required Mercados lawyer, Atty. Jose P. Villanueva, to comment on
the letter and show cause why he should not be held in contempt of court. Likewise, the Third Division ordered
Mercado to personally appear on November 22, 2004 and show cause why he should not be held in contempt of
court.
Petitioner apologized and explained that he should not be punished for contempt of court because the
contemptuous statements in his letter merely reiterate the tenor of Atty. Villanuevas statements and that he
wrote the letter while he was "under the impulse of personal stress" as he was losing his residential house.
Atty. Villanueva, on the other hand, denied petitioners allegations. He also stressed that there was no correlation
between the ponentes trip to the United States and his trip to London.
Thereafter, the Third Division designated Court of Appeals Justice Renato C. Dacudao as Commissioner to receive
evidence on the factual issues involved in the contempt incident.
On May 18, 2005, Justice Dacudao submitted his Investigation, Report and Recommendation. He found Mercado
"guilty of improper conduct tending to bring the authority and the administration of justice by the Court into
disrespect when he openly belittled, degraded, and embarrassed the Highest Court of the land, particularly the
Chief Justice x x x." However, he held that "there was no showing that he acted with malice and/or in bad faith or
that he was properly motivated." Thus, he recommended that Mercado be fined in the sum of five thousand pesos
(P5,000.00).
The Court concluded, though it was not categorically stated by Justice Dacudao, that Atty. Villanueva was in fact
the source of the unfounded accusation that Chief Justice pressured the ponente.
ISSUE: Whether or not Atty. Jose P. Villanueva is guilty of contempt of court by committing a breach of the Code of
Professional
Responsibility
due
to
reasons
claimed
by
petitioner
Mercado.
HELD: Yes, Atty. Jose P. Villanueva is guilty of indirect contempt of court. Rule 15.06 of Canon 15 of the Code of
Professional Responsibility states that "a lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body." Further, Rule 15.07 provides that "a lawyer must impress upon his client
compliance with the laws and the principles of fairness." Atty. Villanueva took the forbidden course. In informing
Mercado that he was "a very very good, close and long time friend" of the ponente, Atty. Villanueva impressed
upon the former that he can obtain a favorable disposition of his case. However, when his petition was dismissed
twice, Mercados expectation crumbled. This prompted him to hurl unfounded, malicious, and disrespectful
accusations against Chief Justice Davide and the ponente.
We have repeatedly admonished lawyers from making bold assurances to their clients. A lawyer who guarantees
the successful outcome of a litigation will exert heavy pressure and employ any means to win the case at all costs.
But when the case is lost, he will blame the courts, placing them under a cloud of suspicion. As what happened in
this case, Atty. Villanuevas statements led Mercado, not only to suspect but also to believe, that the entire Court,
together with Chief Justice Davide and the ponente, could be pressured or influenced,
Responsibility enjoins lawyers to observe and maintain the respect due to courts and the judicial officers. Atty.
Villanuevas conduct, no doubt, degraded the integrity and dignity of Chief Justice Davide and the ponente and this
Court as well.

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Mercado V.

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