case digest enrique zaldivar vs raul gonzalez
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Enrique Zaldivar vs Raul GonzalezZaldivar was thegovernor ofAntique.He was charged before the Sandiganbayan for violations of the Anti-Graft and Corrupt PracticesAct. Gonales was the then !anodbayan who was investigating the case. Zaldivar then filed with the Supre"e Court a petition forCertiorari# Prohibition and $anda"us assailing the authority of the !anodbayan to investigate graft cases under the %&'( Constitution.!he Supre"e Court# acting on the petition issued a Cease and )esist *rder against Gonale directing hi" to te"porarily restrain fro"investigating and filing infor"ations against Zaldivar.Gonales however proceeded with the investigation and he filed cri"inal infor"ations against Zaldivar. Gonale even hada newspaper interview where he proudly clai"s that he scored one on the Supre"e Court+ that the Supre"e Court,s issuance of the!-* is a "anifestation theta the .rich and influential persons get favorable actions fro" the Supre"e Court# /while0 it is difficult for anordinary litigant to get his petition to be given due course1.Zaldivar then filed a $otion for Conte"pt against Gonale. !he Supre"e Court then ordered Gonale to e2plain his side. Gonalestated that the state"ents in the newspapers were true+ that he was only e2ercising his freedo" of speech+ that he is entitled to criticiethe rulings of the Court# to point out where he feels the Court "ay have lapsed into error. He also said# even attaching notes# that notlessthansi23usticesof theSupre"eCourt haveapproachedhi"toas4hi"to.goslow1onZaldivarandtonot e"barrasstheSupre"e Court.5SS678 9hether or not Gonale is guilty of conte"pt.H7:)8 ;es.!hestate"ents"adebyrespondent Gonaleclearlyconstituteconte"pt andcall for thee2ercise of thedisciplinaryauthority of the Supre"e Court. His state"ents necessarily i"ply that the 3ustices of the Supre"e Court betrayed their oath of office.Such state"ents constitute the grossest 4ind of disrespect for the Supre"e Court. Such state"ents very clearly debase and degradethe Supre"e Court and# through the Court# the entire syste" of ad"inistration of 3ustice in the country.Gonale is entitled to the constitutional guarantee of free speech. 9hat Gonale see"s unaware of is that freedo" of speech and ofe2pression# li4e all constitutional freedo"s# is not absolute and that freedo" of e2pression needs on occasion to be ad3usted to andacco""odated with the require"ents of equally i"portant public interests. *ne of these funda"ental public interests is the"aintenance of the integrity and orderly functioning of the ad"inistration of 3ustice. !here is no antino"y between free e2pression andthe integrity of the syste" of ad"inistering 3ustice.Gonale# apart fro" being a lawyer and an officer of the court# is also a Special Prosecutor who owes duties of fidelity and respect tothe -epublic and to the Supre"e Court as the e"bodi"ent and the repository of the 3udicial power in the govern"ent of the -epublic.!he responsibility of Gonale to uphold the dignity and authority of the Supre"e Court and not to pro"ote distrust in the ad"inistrationof 3ustice is heavier than that of a private practicing lawyer.Gonale is also entitled to criticie the rulings of the court but his criticis"s "ust be bona fide. 5n the case at bar# his state"ents#particularly the one where he alleged that "e"bers of the Supre"e Court approached hi"# are of no relation to the Zaldivar case.!he Supre"e Court suspended Gonale indefinitely fro" the practice of law.