Nestle v. Sanchez (Digest)

January 2, 2018 | Author: Agustini Alfonso Clamaña Guanio | Category: Contempt Of Court, Lawyer, Judiciaries, Common Law, Public Sphere
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En Banc NESTLE PHILIPPINES, INC. V. SANCHEZ GR No. 75209 – September 30, 1987 KIMBERLY INDEPENDENT LABOR UNION FOR SOLIDARITY V. NLRC GR No. 78791 – September 30, 1987 Per Curiam SUBJECT: Canon 13 – Influencing or Giving appearance of Influencing Court FACTS: The Union of Filipro Employees and Kimberly Independent Union for Solidarity, Activism and Nationalism-Olalia had been conducting pickets which intensified during the period of July 8-10, 1987 outside Padre Faura gate of the SC building. Since June 17, 1981 On July 10, the Court en banc issued a resolution giving the said unions the opportunity to withdraw graciously and requiring the union leaders and their counsels and other individuals to appear before the Court on July 14 and then and there to show cause why they should not be held in contempt of court. Atty. Jose C. Espinas, counsel of the Union of Filipro Employees, was further required to show cause why he should not be administratively dealt with. Atty. Espinas, for himself and in behalf of the union leaders concerned, apologized to the Court with an assurance that such acts will not be repeated. He prayed for the Court’s leniency considering that the picket was actually spearheaded by the leaders of the PAMANTIK, an unregistered loosed alliance of about 75 unions in the southern Tagalog area and not by either the UFE or KILU. ISSUE: WON the respondents should be held in contempt and Atty. Espinas be administratively dealt with. HELD: Grievances, if any, should be ventilated to the proper channels, i.e., through appropriate petitions, motions or other pleadings in keeping with the respect due to the Courts as impartial administrator of justice entitled to “proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions and tending to embarrass the administration of justice. “It is a traditional conviction of civilized society everywhere that courts and juries, in the decision of issues of fact and law should be immune from every

extraneous influence; that facts should be decided upon evidence produced in court; and that the determination of such facts should be uninfluenced by bias, prejudice or sympathies.” (In re Stolen). The acts of the respondents are therefore not only an affront to the dignity of the Court, but equally a violation of the constitutional right of the adverse party and the citizenry at large to have their causes tried fairly. The right of free speech and of assembly of the individuals herein are not violated because any attempt to pressure or influence courts of justice through the exercise of either rights amounts to an abuse thereof and is no loner within the ambit of constitutional protection. However, being nonlawyers, the duty and responsibility of advising them rest primarily and heavily upon the shoulders of their counsel of record, Atty. Espinas. It is the duty of all members of the legal profession as officers of the court to properly apprise their clients on matters of decorum and proper attitude toward courts of justice. The contempt charges were dismissed.

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