Lawyer's Disrespect Toward Court and Staff Draws Fines Despite Prior Disbarment

The Supreme Court, in a June 10, 2026 per curiam decision, fined a lawyer P155,000 for failing to maintain respect toward the courts and for willfully disobeying lawful directives of the Integrated Bar of the Philippines (IBP). The case, Oncines v. Causing (A.C. No. 11508), demonstrates that even a lawyer who has already been disbarred can still face financial penalties for misconduct committed while still a member of the Bar.

The Facts

Complainant Bernadette C. Oncines was a Court Legal Researcher II and former officer-in-charge (OIC), Branch Clerk of Court of Branch 2, Regional Trial Court, Butuan City. In October 2014, she issued a certification regarding a land registration case (CAD Case No. 1, Cad. Rec. No. 321) involving Lot No. 447.

In June 2016, respondent Atty. Berteni C. Causing, counsel for a party in that case, arrived at the court and angrily shouted at Oncines, demanding she retract the certification she had issued. He threatened to file an administrative case against her and insisted she be dismissed from service. Oncines reported the incident to the presiding judge.

Atty. Causing later endorsed his client's administrative complaint against Oncines. Believing the suit was malicious and unfounded, Oncines filed a disbarment complaint against him.

The Issue

The central question was whether Atty. Causing violated the Code of Professional Responsibility and Accountability (CPRA) for his conduct toward court personnel and his handling of the administrative complaint.

The Ruling

The Supreme Court adopted the IBP's findings but modified the penalty. The Court found Atty. Causing guilty of two violations.

First, he violated Canon II, Section 2 of the CPRA, which requires lawyers to maintain dignified conduct. The Court noted that as counsel, Atty. Causing should have maintained respect toward the courts, yet he was the first to cast doubt on the court's authority when he shouted at Oncines in front of her colleagues.

The Court also cited Atty. Causing's baseless accusations of partiality and malice against the presiding judge in his IBP pleadings. While lawyers may criticize judges, the Court stressed that this right does not constitute an unbridled license to malign and insult the court and its officers.

Second, he violated Canon III, Section 2 of the CPRA for willfully disobeying IBP directives. Atty. Causing failed to file his position paper and attend the mandatory conference despite due notice. The Court emphasized that IBP directives are not mere requests but lawful orders which should be complied with promptly and completely.

However, the Court found insufficient evidence that Atty. Causing promoted a groundless suit against Oncines. While he supported his client's administrative complaint, this does not clearly prove that the case filed against complainant was done for a malicious purpose.

Penalties Imposed

Because Atty. Causing had already been disbarred in prior cases (Lao v. Atty. Causing and Hidalgo v. Causing), the Court could no longer impose suspension or disbarment. Instead, it imposed:

• PHP 120,000 fine for failure to observe and maintain respect toward the Court, a serious offense under the CPRA
• PHP 35,000 fine for willful noncompliance with IBP directives, a less serious offense under the CPRA

The Court reiterated Atty. Causing's continuing disbarment and ordered the decision attached to his personal record with the Office of the Bar Confidant for consideration should he ever seek reinstatement.

Practical Takeaways

• Respect for the judiciary is non-negotiable. Lawyers must maintain a respectful attitude toward courts, judges, and court personnel—even when passionately defending a client's cause.
• Court employees are protected. Shouting at or threatening court staff undermines the administration of justice and constitutes professional misconduct.
• Comply with IBP directives. Failure to attend conferences or file required pleadings is itself a disciplinary offense, separate from the underlying case.
• Criticism has limits. Lawyers may criticize judges, but personal attacks and baseless imputations of malice have no place in legal pleadings.
• Disbarment is not the end. A disbarred lawyer can still be fined for offenses committed before disbarment, and records of such penalties may affect future reinstatement petitions.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.