case digest enrique zaldivar vs raul gonzalez

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Enrique Zaldivar vs Raul Gonzalez Zaldivar was the governor of Antique. He was charged before the Sandiganbayan for violations of the Anti-Graft and Corrupt Practices Act. Gonzales was the then Tanodbayan who was investigating the case. Zaldivar then filed with the Supreme Court a petition for Certiorari, Prohibition and Mandamus assailing the authority of the Tanodbayan to investigate graft cases under the 1987 Constitution. The Supreme Court, acting on the petition issued a Cease and Desist Order against Gonzalez directing him to temporarily restrain from investigating and filing informations against Zaldivar. Gonzales however proceeded with the investigation and he filed criminal informations against Zaldivar. Gonzalez even had a newspaper interview where he proudly claims that he scored one on the Supreme Court; that the Supreme Court’s issuance of the TRO is a manifestation theta the “rich and influential persons get favorable actions from the Supreme Court, [while] it is difficult for an ordinary litigant to get his petition to be given due course”. Zaldivar then filed a Motion for Contempt against Gonzalez. The Supreme Court then ordered Gonzalez to explain his side. Gonzalez stated that the statements in the newspapers were true; that he was only exercising his freedom of speech; that he is entitled to criticize the rulings of the Court, to point out where he feels the Court may have lapsed into error. He also said, even attaching notes, that not less than six justices of the Supreme Court have approached him to ask him to “go slow” on Zaldivar and to not embarrass the Supreme Court. ISSUE: Whether or not Gonzalez is guilty of contempt. HELD: Yes. The statements made by respondent Gonzalez clearly constitute contempt and call for the exercise of the disciplinary authority of the Supreme Court. His statements necessarily imply that the justices of the Supreme Court betrayed their oath of office. Such statements constitute the grossest kind of disrespect for the Supreme Court. Such statements very clearly debase and degrade the Supreme Court and, through the Court, the entire system of administration of justice in the country. Gonzalez is entitled to the constitutional guarantee of free speech. What Gonzalez seems unaware of is that freedom of speech and of expression, like all constitutional freedoms, is not absolute and that freedom of expression needs on occasion to be adjusted to and accommodated with the requirements of equally important public interests. One of these fundamental public interests is the maintenance of the integrity and orderly functioning of the administration of justice. There is no antinomy between free expression and the integrity of the system of administering justice. Gonzalez, apart from being a lawyer and an officer of the court, is also a Special Prosecutor who owes duties of fidelity and respect to the Republic and to the Supreme Court as the embodiment and the repository of the judicial power in the government of the Republic. The responsibility of Gonzalez to uphold the dignity and authority of the Supreme Court and not to promote distrust in the administration of justice is heavier than that of a private practicing lawyer. Gonzalez is also entitled to criticize the rulings of the court but his criticisms must be bona fide. In the case at bar, his statements, particularly the one where he alleged that members of the Supreme Court approached him, are of no relation to the Zaldivar case. The Supreme Court suspended Gonzalez indefinitely from the practice of law.

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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.