SC affirms admonition of ex-UP Law dean Leonen

The Supreme Court is standing by its earlier decision to admonish former law dean Marvic Leonen for being a "bad example" by leading University of the Philippines (UP) faculty members in calling for the resignation of SC Associate Justice Mariano del Castillo, who had penned two decisions in which he was accused of plagiarism but later absolved of that charge by the high court. In an 11-page resolution, the high court affirmed its March 8 decision that also reminded 34 other UP College of Law (UP Law) faculty that as law practitioners, they are barred from making public statements that tend to stir public opinion while a case is pending. These professors are among the 37 signatories of the “Restoring Integrity" statement calling for Del Castillo's resignation. The SC's recent decision was a dismissal of the appeals of law professors Tristan Catindig and Carina Laforteza, who had argued that they were not accorded due process under indirect contempt proceedings. But the high court's majority, through Associate Justice Teresita Leonardo-De Castro, found this argument wanting. "The very same contumacious speech or conduct directed against a court or judicial officer, if committed by a member of the Bar, may likewise subject the offender to disciplinary proceedings under the Code of Professional Responsibility, which prescribed that lawyers observe and promote due respect for the courts. In such disciplinary cases, the sanctions are not penal but administrative such as disbarment, suspension, reprimand or admonition," the SC said. In the line of fire Aside from Leonen, Catinding, and Laforteza, those in the line of fire are faculty members Froilan Bacungan, Pacifico Agabin, Merlin Magallona, Salvador Carlota, Carmelo Sison, Patricia Salvador Daway, Dante Gatmaytan, Theodore Te, Florin Hilbay, Jay Batongbacal, Evelyn (Leo) Battad, Gwen De Vera, Solomon Lumba, Rommel Casis, Jose Gerardo Alampay, Miguel Armovit, Arthur Autea, Rosa Maria Bautista, Mark Bocobo, Dan Calica, Sandra Marie Coronel, Rosario Gallo, Concepcion Jardeleza, Antonio La Viña, Jose Laureta, Owen Lynch, Rodolfo Noel Quimbo, Antonio Santos, Gmeleen Faye Tomboc, Nicholas Felix Ty, Evalyn Ursua, Raul Vasquez, Susan Villanueva, and Dina Lucenario. One faculty member, lawyer Raul Vasquez, was exonerated for earlier apologizing to the court while another faculty member, Owen Lynch, was excluded from the proceedings because he is an American lawyer. Leonen's term as UP College of Law dean ended this month. He was succeeded by Dean Danilo Concepcion. How the SC justices voted Eleven justices voted to uphold their earlier decision and dismiss the UP Law professors’ motion for reconsideration. Four justices maintained their earlier dissents. Those who concurred with De Castro's decision were Chief Justice Renato Corona and Associate Justices Presbitero Velasco Jr., Arturo Brion, Diosdado Peralta, Lucas Bersamin, Roberto Abad, Jose Perez and Jose Mendoza, as well as two other associate justices who did not side with the previous majority opinion. Justice Antonio Eduardo Nachura, who had earlier dissented, this time joined the majority in its new ruling before his retirement last June 13. Del Castillo had inhibited himself before from the UP Law faculty's administrative case, but this time he joined the majority and voted to dismiss the motion for reconsideration of Catinding and Laforteza. Those who maintained their dissented were Associate Justices Antonio Carpio, Conchita Carpio-Morales (who retired last June 19), Martin Villarama, and Maria Lourdes Sereno. — MRT/RSJ, GMA News