CONTEMPT


Grounds:



1.
OBSTRUCTING
THE
ADMINISTRATION
OF
JUSTICE

• Instructing
 a
 complaining
 witness
 in
 a
 criminal
 action
 not
 to
 appear
 at
 the

scheduled
hearing
so
that
the
case
would
be
dismissed

• Asking
a
client
to
plead
guilty
to
a
crime
which
the
lawyer
knows
his
client
did

not
commit

• Advising
a
client
who
is
detained
for
a
crime
to
escape
from
prison

• Employing
dilatory
tactics
to
frustrate
satisfaction
of
clearly
valid
claims

• Prosecuting
 clearly
 frivolous
 cases
 on
 appeal
 to
 drain
 the
 resources
 of
 the

other
party
and
to
compel
him
to
submit
out
of
exhaustion

• Forum
shopping
in
the
false
expection
of
getting
favorable
action

• Dilatory
 tactics
 of
 defense
 counsel
 and
 failure
 of
 both
 the
 judge
 and
 the

prosecutor
to
take
effective
counter
measures
to
obviate
the
delaying
tactics

• Filing
of
dilatory
motions

• Repetitious
litigations

• Frivolous
appeal


 Admin
:
Misconduct



 Mini
:
 I
 will
 conduct
 myself
 as
 a
 lawyer
 according
 to
 the
 best
 of
 my
 knowledge


 and
discretion
with
all
good
fiedlity
as
well
to
the
courts
as
to
my
clients



 Midi
:
 (d)
 to
 employ,
 for
 the
 purpose
 of
 maintaining
 the
 cause
 confided
 to
 him,


 
 such
means
only
as
are
consistent
with
truth
and
honor


 Maxi
:
10
–
Duty
of
Candor
to
the
Courts



 
 10.01
–
Duty
of
Fidelity
to
the
Courts


 
 19.02
–
Duty
Not
to
Condone
a
Client’s
Fraud


 
 22.01
–
Duty
to
Withdraw
Legal
Services
Only
When
Allowed
by
the
Rule


 
 10.03
Duty
of
Fidelity
to
the
Rules
of
Procedures


 
 12
–
Duty
to
Assist
in
the
Speedy
and
Efficient
Administration
of
Justice


 
 12.03
–
Duty
to
File
Pleadings
Seasonably


 
 12.04
–
Duty
Against
Dilatory
Moves
and
Misuse
of
Court
Processes


 Mine
:
12.02
–
Duty
Not
to
Engage
in
Forum
Shopping


 
 19.01
–
Duty
to
Serve
Only
Thru
Fair
and
Honest
Means


 
 11
–
Duty
to
Give
Respect
to
the
Courts


 
 18.01
–
Duty
to
Serve
with
Due
Diligence
 





2.
MISLEADING
THE
COURT

• Making
false
allegations
in
a
pleading

• Misquoting
the
text
of
a
document
or
the
testimony
of
a
witness,
the
argument

of
opposing
counsel
or
the
contents
of
a
decision

• Suppressing
 material
 and
 vital
 facts
 which
 bear
 merit
 or
 lack
 of
 merit
 of
 an

action


Armand
Louis
T.
Dulay

Legal
Ethics
2A

 • Making
it
appear
that
a
lower
court
has
upheld
the
legality
of
an
act
when
it

has
not

• Affirming
 the
 merit
 of
 hic
 client’s
 cause
 when
 he
 has
 in
 his
 possession

information
or
knowledge
adverse
thereto

• Failing
 to
 inform
 the
 court
 of
 any
 subsequent
 developments
 in
 the
 case

which
may
render
the
issues
moot
andd
academic

• Asserting
as
a
fact
what
he
merely
expects
to
accomplish

• Attributing
to
a
judge
a
statement
which
he
did
not
make

• Intercalating
 a
 material
 fact
 in
 a
 decision
 of
 the
 court
 and
 thereby
 altering
 the

factual
findings
to
mislead
the
court

• A
lawyer
making
a
statement
that
he
had
not
appealed
an
adverse
decision
when

he
in
fact
has
perfected
an
appeal


 Admin
:




 Mini
:
I
will
do
no
falsehood
no
consent
to
its
commission


 Midi
:
(d)
to
employ,
....
and
never
to
mislead
the
judge
or
any
judicial
officer
by


 
 an
artifice
or
false
statement
of
fact
or
law



 Maxi
:
10
–
Duty
of
Candor
to
the
Courts



 
 10.01
–
Duty
of
Fidelity
to
the
Courts


 
 19.02
–
Duty
Not
to
Condone
a
Client’s
Fraud


 
 22.01
–
Duty
to
Withdraw
Legal
Services
Only
When
Allowed
by
the
Rule


 
 10.02
–
Duty
to
Give
Accurate
Citations



 Mine
:
10.03
–
Duty
of
Fidelity
to
Rules
of
Procedure


 
 19.01
–
Duty
to
Serve
Only
Thru
Fair
and
Honest
Means



3.
PREFERRING
FALSE
CHARGES

• Lawyer
who
files
unfounded
and
groundless
charges
against
a
judge,
despite

the
admonition
by
the
Supreme
Court
to
exercise
more
care
in
filing
such
charges

• Assisting
 a
 complainant
 in
 filing
 clearly
 unmeritorious
 administrative

complaint
against
a
judge

• Filing
 baseless
 and
 frivolous
 administrative
 complaints
 against
 judges

whenever
the
latter
rendered
decisions
adverse
to
his
clients
even
when
he
had

previously
been
warned
not
to



 Admin
:




 Mini
:
 I
 will
 not
 wittingly
 or
 willingly
 promote
 or
 sue
 any
 groundless,
 false
 or


 
 unlawful
suit
nor
give
aid
nor
consent
to
the
same



 Midi
:
 (c)
 to
 counsel
 or
 maintain
 such
 actions
 or
 proceedings
 only
 as
 appear
 to


 
 him
to
be
just
and
such
defenses
only
as
he
believes
to
be
honestly



 
 debatable
under
the
law



 Maxi
:
10.01
–
Duty
of
Fidelity
to
the
Courts


 
 19.02
–
Duty
Not
to
Condone
a
Client’s
Fraud


 
 22.01
–
Duty
to
Withdraw
Legal
Services
Only
When
Allowed
by
the
Rule


Armand
Louis
T.
Dulay

Legal
Ethics
2A


 Mine
:
10
–
Duty
of
Candor
to
the
Courts
(Agpalo)


 
 11
–
Duty
to
Give
Respect
to
the
Courts
(Agpalo)



 
 11.04
–
Duty
Not
to
Attribute
Unfunded
Ill‐Motives
to
a
Judge


 
 12
 –
 Duty
 to
 Assist
 in
 the
 Speedy
 and
 Efficient
 Administration
 of
 Justice


 
 (Agpalo)


 
 19
–
Duty
to
Serve
Only
Within
the
Bounds
of
the
Law


 
 19.01
–
Duty
to
Serve
Only
Thru
Fair
and
Honest
Means



4.
INTRODUCING
FALSE
EVIDENCE

• Falsification
of
a
sheriff’s
return
and
making
use
thereof
as
basis
for
a
motion

to
declare
defendant
in
default

• Taking
the
witness
stand
to
testify
falsely

• Introducing
in
evidence
a
false
document

• Presenting
a
couched
witness
to
give
false
testimony


 Admin
:
Violation
of
Oath


 Mini
:
I
will
do
no
falsehood
no
consent
to
its
commission


 Midi
:
(d)
to
employ,
....
and
never
to
mislead
the
judge
or
any
judicial
officer
by


 
 an
artifice
or
false
statement
of
fact
or
law


 Maxi
:
10.01
–
Duty
of
Fidelity
to
the
Courts


 
 19.02
–
Duty
Not
to
Condone
a
Client’s
Fraud


 
 22.01
–
Duty
to
Withdraw
Legal
Services
Only
When
Allowed
by
the
Rule


 
 12.07
–
Duty
to
Respect
Witnesses


 Mine
:
19
–
Duty
to
Serve
Only
Within
the
Bounds
of
the
Law
(Agpalo)


 
 19.01
–
Duty
to
Serve
Only
Thru
Fair
and
Honest
Means



5.
WILLFULLY
DISOBEYING
COURT
ORDERS


• Lawyer
who
gives
a
clearly
unsatisfactory
explanation
as
to
why
he
failed
to

comply
with
a
lawful
order
or
who
simply
ignores
it

• A
lawyer
who,
called
upon
to
explain
his
contradictory
statements
in
a
pleading,

evades
the
matter

• A
lawyer
who
ignored
the
Court’s
resolution
to
comment
on
a
petition
within
a

fixed
period
and
who
likewise
ignored
another
resolution
requiring
him
to
show

cause
why
he
should
not
be
disciplinarily
dealt
with
for
not
filing
said
comment

• A
lawyer
who
openly
defied
the
TRO
of
the
CA

• Failure
to
file
appellant’s
briefs
or
comments
as
required
by
the
court

• Failure
to
comply
with
the
Court’s
directive
to
file
a
Rejoinder
and
to
file
a

Comment


 Admin
:
Willful
Disobedience


 Mini
:
I
will
support
....
and
obey
the
laws
as
well
as
the
legal
orders
of
the
duly


 
 consitituted
authorities
therein


Armand
Louis
T.
Dulay

Legal
Ethics
2A


 Midi
:
 (d)
 to
 employ,
 for
 the
 purpose
 of
 maintaining
 the
 cause
 confided
 to
 him,


 
 such
means
only
as
are
consistent
with
truth
and
honor


 Maxi
:
11
–
Duty
to
Give
Respect
to
the
Courts


 Mine
:
1.02
–
Duty
to
Obey
the
Laws
and
to
Support
the
Legal
System


 
 7.03
–
Duty
to
be
Professional
and
Dignified


 
 11.03
–
Duty
of
Proper
Language
and
Behavior


 


6.
USING
VICIOUS
OR
DISRESPECTFUL
LANGUAGE/BELLIGERENT
ATTITUDE

• Provoking
getures
and
threatening
attitude
with
specific
facts
alleged


• Vicious,
 intemperate,
 abrasive,
 threatening
 or
 disrespectful
 language

against
the
judge


 Admin
:
Violation
of
Oath,
Violation
of
CPR,
Misconduct
in
Office



 Mini
:
 I
 will
 conduct
 myself
 as
 a
 lawyer
 according
 to
 the
 best
 of
 my
 knowledge


 
 and
discretion



 Midi
:
(b)
to
maintain
the
respect
due
to
the
courts
of
justice
and
judicial
officers


 Maxi
:
11
–
Duty
to
Give
Respect
to
the
Courts


 
 11.03
–
Duty
of
Proper
Language
and
Behavior



 Mine
:
7.03
–
Duty
to
be
Professional
and
Dignified


 
 8
–
Duty
of
Professional
Courtesy


 
 8.01
–
Duty
to
be
Professional
in
Language


 
 

7.
CONTINUING
TO
PRACTICE
AFTER
SUSPENSION


 Admin
:
Gross
Misonduct,
Willful
Disobedience,
Violation
of
Oath


 Mini
:
 I
 will
 support...
 and
 obey
 the
 laws
 as
 well
 as
 the
 legal
 orders
 of
 the
 duly


 
 constitute
authorities
therein


 Midi
:
(a)
to
maintain
allegiance
..
and
obey
the
laws
of
the
Philippines



 Maxi
:
11
–
Duty
to
Give
Respect
to
the
Courts


 


 Mine
:
1.02
–
Duty
to
Obey
the
Laws
and
to
Support
the
Legal
System


 
 7.03
–
Duty
to
be
Professional
and
Dignified



8.
PUBLICATION
CONCERNING
PENDING
LITIGATION



• A
 publication
 which
 tends
 to
 impede,
 obstruct,
 embarrass,
 or
 influence
 the

courts
in
administering
justice
in
a
pending
suit

• Any
 act
 or
 conduct
 pertaining
 to
 pending
 proceedings
 intended
 to
 flay
 on

human
 frailty,
 to
 deflect
 and
 deter
 the
 court
 from
 the
 performance
 of
 its

duty
and
drive
it
into
a
compromise
with
its
own
unfetteed
judgment,
by
placing


Armand
Louis
T.
Dulay

Legal
Ethics
2A

 it
 in
 a
 wrong
 position
 before
 a
 public
 which
 has
 little
 opportunity
 to

investigate
the
facts

• Any
 anticipatory
 speculative
 article
 about
 a
 pending
 suit
 and
 its
 probable

outcome,
also
any
publication
of
charges
or
the
proceedings
thereon


 


9.
PUBLICATION
TENDING
TO
DEGRADE
THE
COURT

• Describing
the
decision
as
absolutely
erroneous,
an
outrage
to
the
right
of
a

litigant
and
a
mockery
of
the
popular
will

• Charging
 the
 high
 tribunal
 of
 erroneously
 interpreting
 the
 law,
 exhibiting

incompetence
 and
 narrow­mindedness
 and
 deliberately
 committing
 many

blunders
and
injustice

• Accusing
the
court
of
repeatedly
falling
into
the
pitfall
of
blindly
adhering
to
its

previous
erroneous
pronouncements

• Imputing
irregularity
in
the
internal
procedure
of
the
Supreme
Court

• Ridiculing
the
members
thereof
as
blind,
deaf,
and
dumb

• Resorting
 to
 veiled
 threats
 by
 mentioning
 the
 the
 RPC
 on
 knowingly
 rendering

unjust
 judgement
 in
 order
 to
 make
 the
 court
 reconsider
 its
 decision
 adverse
 to

his
client.


 

10.
UNLAWFUL
RETENTION
OF
CLIENT’S
FUNDS


• Unjustly
retaining
the
money
of
a
client
after
it
has
been
demanded


 Admin
:
Misonduct
in
Office


 Mini
:
 I
 will
 conduct
 myself
 as
 a
 lawyer
 according
 to
 the
 best
 of
 my
 knowledge


 
 and
discretion
with
all
good
fidelity
to
the
courts
as
to
my
clients


 Midi
:
(e)
To
maintain
inviolate
the
confidence,
...
of
his
client,



 Mine
:
1.01
–
Duty
of
Honesty
and
Morality


 
 15
–
Duty
of
Candor
to
the
Client


 
 16
–
Duty
to
be
a
Trustee
of
Client’s
Moneys
and
Properties


 
 16.01
–
Duty
of
Accountability


 
 16.02
–
Duty
Not
to
Commingle
Funds
and
Properties


 
 16.03
–
Duty
to
Deliver
Funds
and
Property
Upon
Demand


 
 19
–
Duty
to
Serve
Only
Within
the
Bounds
of
Law


 
 19.01
–
Duty
to
Serve
Only
Thry
Fair
and
Honest
Means


 
 20.01
–
Duty
to
Comlpy
with
the
Guidlines
in
Determining
Lawyer’s
Fees


 
 20.04
–
Duty
to
Avoid
Disputes
with
Client
Over
Fees


Armand
Louis
T.
Dulay

Legal
Ethics
2A