7/26/2019 Cases #51, 73
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51. Estrada vs Sandiganbayan
G.R. No. 159486-88
Facts:
Attorney Alan F. Paguia, as counsel for Estrada, averred that
the respondent justices
have violated Rule5.10 of the Code of udicial Conduct !y
attending the "E#$A % Rally&
and !y authori'ing the assu(ption of )ice*President +loria
acapagal Arroyo to thePresidency in violation of the 1-/
Constitution.
Also, petitioner contended that the justices have prejudged a
case that ould assail
the legality of the act taen !y President Arroyo.
P ro(p ted ! y th e a l l eged "! ia s an d pa r t i a l a t t i
tud e& o f
the$andigan!ayan justices, Attorney Paguia filed, on 12 uly
%003, a (otion for theirdis4ualification.
Issu:
67 Atty. Paguia co((itted a violation of the Code of
Professional Responsi!ility.
!"d: 8es.
Criticis( or co((ent (ade in good faith on the correctness or
rongness, soundnessor unsoundness, of a decision of the Court ould
!e elco(e for, if ell*founded, such
reaction can enlighten the court andcontri!ute to the correction
of an error if co((itted.9oever, Attorney Paguiahas not li(ited his
discussions to the (erits of his client&s case
ithin the judicial foru(. :ndeed, he hasrepeated his assault on
the Court in !oth!roadcast and print (edia.
;he $upre(e Court does not clai( infalli!ility, !ut it ill not
countenance any
rongdoing nor allo the erosion of our people&s faith in the
judicial syste(, let alone,
!y those ho have !een privileged !y it topractice la in the
Philippines. C a non 11 o f the
Code o f P r o f es s i ona l Res pons i ! i l i t y (anda t es
t ha t t he l ayer s hou l do!s e rv e and (aintain the respect due
to the courts and judicial officers and, indeed,
should insist on si(ilar conduct !yothers. :n li!erally i(puting
sinister and devious
(otives and 4uestioning the i(partiality, integrity,
andauthority of the (e(!ers of theCourt, Atty. Paguia has only
succeeded in seeing to i(pede, o!struct andpervert the
dispensation of justice. ;he Court has already arned Atty.
Paguia, on pain of
discip linar y sanction, to !eco(e (indful of his grave
responsi!ilities as a layerand as an officer of the Court.
Apparently, he has chosen not to at all tae heed.
/3. Fernande' vs Ca!rera ::
