Facts: Atty. Castro, a private practitioner, went to the office of Atty. Dallong-Galicinao, the clerk of court of Bambang (Nueva Vizcaya) RTC, to inquire whether the complete records of a civil case had already been remanded to the court of origin. Atty. Castro was not the counsel of record of either party in the said civil case. When denied such request, Atty. Castro hurled invectives at Atty. Dallong-Galicinao which caused the same to file a complaint-affidavit against the former for unprofessional conduct. Due to Atty. Castro’s public apology, Atty. Dallong-Galicinao expressed her desire not to appear on the next hearing.
Issue: Whether or not Atty. Castro should be held administratively liable.
Decision: Yes. Not being the counsel of record and there being no authorization from either the parties to represent them, Atty. Castro has no right to impose his will on the clerk of court. Although the penalty should be tempered since Atty. Castro apologized and Atty. Dallong-Galicinao accepted it. This is not to say that Atty. Castro should be absolved of his actuations. Atty. Castro is ordered fined in the amount of P10,000.00 with a warning that any similar infractions shall be dealt with more severely.
Case Digest Author
Lenard L. Bautista
Arellano University School of Law