Monday, March 8, 2010

Maravill-Ilustre vs CA

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

Maravill-Ilustre vs CA
G.R. No. L-68635
March 12, 1987

Facts:


In almost identical letters dated 20 October 1986, personally sent to Justices Andres R. Narvasa, Ameurfina M. Herrera, and Isagani A. Cruz, and a fourth letter, dated 22 October 1986 addressed to Justice Florentino P. Feliciano, all members of the First Division of this COURT, in feigned ignorance of the Constitutional requirement that the Court's Divisions are composed of, and must act through, at least five (5) members, and in a stance of dangling threats to effect a change of the Court's adverse resolution, petitioner Eva Maravilla Ilustre wrote in part: Please forgive us for taking the Liberty of addressing you this letter which we do hope you will read very carefully. The letter called the attention of the magistrates for the dismissal of her case, thus, considering the three minute-resolution: the first dated 14 May 1986; the second, dated 9 July 1986; and the third, 3 September 1986, railroaded with such hurry/ promptitude unequaled in the entire history of the Supreme Court under circumstances that have gone beyond the limits of legal and judicial ethic.

Issue:

Whether or not petitioner could be liable for contempt in court and her counsel be imposed of grave professional misconduct?

Held:

ACCORDINGLY, respondent Eva Maravilla Ilustre is hereby held in contempt, and is hereby fined in the amount of P1,000.00 only, mindful that the power of contempt should be exercised on the preservative and not on the vindictive principle of punishment; and

Atty. Wenceslao Laureta is found guilty of grave professional misconduct, rendering him unfit to continue to be entrusted with the duties and responsibilities belonging to the office of an attorney, and is hereby suspended from the practice of law until further Orders, the suspension to take effect immediately.

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