Ignoring SC's orders; disrespect to judicial institution
LAWYER AND THE COURTS: RULE 12.03 IN RELATION TO CANON 11
Under Canon 11[1] of the CPR a lawyer is required to observe and maintain due respect to the court and its judicial officers. We read this provision in relation to Rules 10.03[2] and 12.03 of the CPR for this rule does not merely affect the client but the judicial process.In Vaflor-Fabroa v. Paguinto,[3] the Supreme Court reiterated its previous ruling in Sebastian v. Bajar,[4] to wit:
Under Canon 11[1] of the CPR a lawyer is required to observe and maintain due respect to the court and its judicial officers. We read this provision in relation to Rules 10.03[2] and 12.03 of the CPR for this rule does not merely affect the client but the judicial process.In Vaflor-Fabroa v. Paguinto,[3] the Supreme Court reiterated its previous ruling in Sebastian v. Bajar,[4] to wit:
xxx Respondent's cavalier attitude in repeatedly ignoring the orders of the Supreme Court constitutes utter disrespect to the judicial institution. Respondent's conduct indicates a high degree of irresponsibility. A Court's Resolution is "not to be construed as a mere request, nor should it be complied with partially, inadequately, or selectively". Respondent's obstinate refusal to comply with the Court's orders "not only betrays a recalcitrant flaw in her character; it also underscores her disrespect of the Court's lawful orders which is only too deserving of reproof."
Lawyers are called upon to obey court orders and processes and respondent's deference is underscored by the fact that willful disregard thereof will subject the lawyer not only to punishment for contempt but to disciplinary sanctions as well. In fact, graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the courts and to show respect to their processes. (Citations omitted).
[1] CODE OF PROFESSIONAL RESPONSIBILITY, Canon 11 provides:
Canon 11 — A
lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct by others.
[2]
CODE OF PROFESSIONAL RESPONSIBILITY, Rule 10.03 provides:
Rule 10.03 - A
lawyer shall observe the rules of procedure and shall not misuse them to
defeat the ends of justice.
[3] 629 Phil. 230, 236-237 (2010).
[4]
559 Phil. 211, 224 (2007).