10. Dallong-galicinao vs Castro and Cayetano vs Monsod

ATTY. DALLONG- GALICINAO V. ATTY. CASTRO FACTS:

Atty Atty.. Dallo Dallong-G ng-Gali alicin cinao ao is the the Clerk Clerk of Court Court of RTC and and Atty Atty.. Castr Castro o was was a priva private te practitioner and VP of !P-"ueva Vi#caya. Respondent went to co$plainant%s o&ce to in'uire whether the records of Civil Case "o. ()* had already +een re$anded re$anded to the ,CTC. Respondent was not the counsel of either party in that case. Co$plainant replied that the record had not yet +een trans$itted since a certied true copy of the CA decision should rst +e presented. To this respondent retorted /0ou /0ou $ean to say  would have to go to ,anila ,anila to get a copy12 Co$plain Co$plainant ant replied replied that respon respondent dent $ay show instead the copy sent to the party he represents. Respondent then replied that co$plainant should%ve notied hi$. Co$plainant e3plained that it is not her duty to notify the respondent of  such duty. Angered respondent yelled stu4 in locano and left the o&ce +anging the door so loud. 5e then returned to the o&ce and shouted “Ukinnam nga babai!” 6/Vulva 6/Vulva of your $other you wo$an728 9ater co$plainant led a $anifestation that she won%t appear in the hearing of the case in view of the respondent%s pu+lic apology and that the latter was forgiven already. ISSUE:

;hether or not respondent is guilty of violating the Code of Professional Responsi+ility1

RULING:

Respondent is ned the a$ount of <==== with a warning. Respondent was not the counsel of record of Civil Case "o. ()*. 5is e3planation that he will enter his appearance in the case when its records were already trans$itted to the ,CTC is unaccepta+le. "ot +eing the counsel of record respondent had no right to i$pose his will on the clerk of court. 5e violated Rule ).=> +ecause this was an act of encroach$ent. t $atters not that he did so in good faith. 5is act of raising his voice and uttering vulgar invectives to the clerk of court was not only ill-$annered +ut also un+eco$ing considering that he did these in front of the co$plainant%s su+or su+ordin dinate ates. s. ?or these these he viola violated ted Rules Rules (.=@ (.=@ and ).=< and Canon Canon ). The penalty penalty was te$pered +ecause respondent respondent apologi#ed to the co$plainant and the latter accepted it.  This is not to say however that respondent should +e a+solved fro$ his actuations. People are accounta+le for the conse'uences of the things they say and do even if they repent afterwards. afterwards.