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Baculi V Battung

The respondent, Attorney Battung, disrespected Judge Baculi in court by shouting at him and refusing to lower his voice when instructed. He continued shouting insults like "I will file gross ignorance against you!" and punched a table before being escorted out. While many witnessed his behavior, the respondent denied wrongdoing and said the judge disrespected him first. The court found the respondent violated ethics rules by failing to respect the court and using offensive language, warranting a 6-month suspension.

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Bernadette Flores
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95 views1 page

Baculi V Battung

The respondent, Attorney Battung, disrespected Judge Baculi in court by shouting at him and refusing to lower his voice when instructed. He continued shouting insults like "I will file gross ignorance against you!" and punched a table before being escorted out. While many witnessed his behavior, the respondent denied wrongdoing and said the judge disrespected him first. The court found the respondent violated ethics rules by failing to respect the court and using offensive language, warranting a 6-month suspension.

Uploaded by

Bernadette Flores
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CASE No.

46
Baculi v Battung
Facts:
Attorney Battung had disprescted Judge Baculi through shouting at him in the court room while
in the conduction of court proceedings in the presence of the litigants and their perspective
counsels. Judge Baculi had advised him to tone down his voice but the respondent continued to
shout on top of his lungs. The complainant had told him that further continuance of this action
would lead him to be cited for direct attempt by which the respondent had shouted, “Then cite
me!” Other statements that were shouted during these events was “Judge, I will file gross
ignorance against you! I am not afraid of you!” He was than escorted out of the building but
before leaving had shouted and punched a table at the Office of the Clerk of Court. The
respondent had also harassed the complainant. These actions done by the respondent was in
sight many witnesses within these events. The respondent had continued to threaten the
complainant by which his actions were prevalent as disrespect for his position. The respondent
had even after leaving the said court proceedings, had entered the court room again and
continued to disrupt the said events.
The complainant had asserted that a respondent being a lawyer, must have already known that
ejectment cases are within the jurisdiction of the First Level Courts and with the conduct done
by the respondent he head delayed the speedy and efficient administration of justice. The
respondent had respond by saying that the filing of the gross ignorance was due to the
complainant lambasting him, it was the complainant who had truly disrespected him and when
the respondent told the complainant that he was not to pursue to orally argue the motion the
complainant should have just allowed a motion for reconsideration.
Issue: W/N the respondent failed to abide the professional ethics of a lawyer.
Ruling:
Yes, the court had found the respondent to violate the professional ethics needed of a lawyer.
The court had found him to violate CANON 11 and Rule 11.03 CANON 11 was not upheld fir the
respondent had blantly shown failure to observe and maintain respect for the court and judicial
officers. Rule 11.03 was violated for using menacing, scandalous or offensive words in the
courts such as the respondent shouting statements. The respondent is subject to 6 months
suspension.

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