In Re Joaquin T. Borromeo

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In Re JOAQUIN T. BORROMEO
Rel. Cebu City Chapter of the IBP
A.M. No. 93-7-696-0
February 21, 1995

Facts:

The respondent in this case, Joaquin T. Borromeo, is not a lawyer but has apparently read some law books, and ostensibly come to possess some superficial awareness of a few substantive legal principles and procedural rules. Incredibly, with nothing more than this smattering of learning, the respondent has, for some sixteen (16) years now, from 1978 to the present, been instituting and prosecuting legal proceedings in various courts, dogmatically pontificating on errors supposedly committed by the courts, including the Supreme Court.

Case 1: Cases involving Traders Royal Bank (TRB).

The first bank that Joaquin T. Borromeo appears to have dealt with was the Traders Royal Bank (TRB). On June 2, 1978, he got a loan from it in the sum of P45,000.00. This he secured by a real estate mortgage created over two parcels of land covered by TCT No. 59596 and TCT No. 59755 owned, respectively, by Socorro Borromeo-Thakuria (his sister) and Teresita Winniefred Lavarino. On June 16, 1978, Borromeo obtained a second loan from TRB in the amount of P10,000.00, this time giving as security a mortgage over a parcel of land owned by the Heirs of Vicente V. Borromeo, covered by TCT No. RT-7634. Authority to mortgage these three lots was vested in him by a Special Power of Attorney executed by their respective owners.

Case 2: Cases involving United Coconut Planters Bank (UCPB).

Borromeo (together with a certain Mercader) also borrowed money from the United Coconut Planters Bank (UCPB) and executed a real estate mortgage to secure repayment thereof. The mortgage was constituted over a 122-square-meter commercial lot covered by TCT No. 75680 in Borromeo's name. This same lot was afterwards sold on August 7, 1980 by Borromeo to one Samson K. Lao for P170,000.00, with a stipulation for its repurchase (pacto de retro) by him (Borromeo, as the vendor). The sale was made without the knowledge and consent of UCPB.

Case 3: Cases involving Security Bank and Trust Co. (SBTC).

The third banking institution which Joaquin T. Borromeo engaged in running court battles, was the Security Bank & Trust Company (SBTC). From it Borromeo had obtained five (5) loans in the aggregate sum of P189,126.19, consolidated in a single Promissory Note on May 31, 1979. To secure payment thereof, Summa Insurance Corp. (Summa) issued a performance bond which set a limit of P200,000.00 on its liability thereunder. Again, as in the case of his obligations to Traders Royal Bank and UCPB, Borromeo failed to discharge his contractual obligations. Hence, SBTC brought an action in the Cebu City RTC against Borromeo and Summa for collection.

Issue:

Whether the respondent-accused is liable for constructive contempt?

Held:

Joaquin T. Borromeo is found and declared GUILTY of constructive contempt repeatedly committed over time, despite warnings and instructions given to him, and to the end that he may ponder his serious errors and grave misconduct and learn due respect for the Courts and their authority, he is hereby sentenced to serve a term of imprisonment of TEN (10) DAYS in the City Jail of Cebu City and to pay a fine of ONE THOUSAND PESOS (P1,000.00). He is warned that a repetition of any of the offenses of which he is herein found guilty, or any similar or other offense against courts, judges or court employees, will merit further and more serious sanctions.