In Re: Marcelino Aguas (G.R. No. 12; August 8, 1901)
In the matter of the proceedings against MARCELINO AGUAS for contempt of the COURT OF FIRST INSTANCE OF PAMPANGA. (G.R. No. 12; August 8, 1901) SMITH, J.:
On the hearing in justification evidence was taken touching the contempt alleged to have been committed by Señor Aguas, from which the court found that during the trial of the case of Roberto Toledo vs. Valeriano Balatbat, the judge, having had occasion to seize the witness, Alberto Angel, by the shoulders to turn him around, Señor Aguas, attorney for defendant, had risen from his seat in a "menacing attitude," and "with a voice and body trembling"protested that the action of the judge was coercive of the witness; and further that his attention being called to the fact that he was wanting in respect to the court and that he should sit down, he waived his right to go on with the trial and moved a postponement of the hearing. On this finding the court again adjudged the attorney guilty of contempt of court, and suspended him from the practice of his profession for a period of twenty days. From this judgment Señor Aguas appealed to this court.
In our opinion the action of the judge in seizing the witness, Alberto Angel, by the shoulder and turning him about was unwarranted and an interference with that freedom from unlawful personal violence to which every witness is entitled while giving testimony in a court of justice. Against such conduct the appellant had the right to protest and to demand were respectfully made and with due regard for the dignity of the court. The only question, therefore in this case is, Was the appellant respectful and regardful of the court's dignity in presenting his objection and asking that it be recorded in the proceedings? The witnesses say and the judge finds that "his attitude was menacing" (bastante amenazadora) in the moment of making his protest, but beyond that there is nothing in the record which even tends to show that he was disrespectful to the court or unmindful of its dignity. In our opinion both testimony and finding state a mere conclusion which, in the absence of the facts from which it was deduced, is wholly valueless to support a judgment of contempt. The statement that the attorney's attitude was "menacing" tended no more to competently establish the alleged offense of contempt than if the witnesses had testified and the court had found that his conduct was "contemptuous or lacking in respect." The specific act from which it was inferred that his attitude was menacing should have been testified to by the witnesses and found by the court, and failing that, the record does not show concrete facts sufficient to justify the conclusion that he was disrespectful to the court or offensive to its dignity.
The judgment appealed from must therefore be reversed, and it is so ordered, with costs de oficio.