18.docx - Republic of the Philippines SUPREME COURT Manila EN BANC G.R Nos L-10236-48 THE PFOPLE OF THE PHILIPPINES plaintiff-appellant vs EUSTACIO DE

18.docx - Republic of the Philippines SUPREME COURT Manila...

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Republic of the Philippines SUPREME COURT Manila EN BANC G.R. Nos. L-10236-48 January 31, 1958 THE PFOPLE OF THE PHILIPPINES plaintiff-appellant, vs. EUSTACIO DE LUNA, ET AL., defendants-appellees. Office of the Solicitor General Ambrosio Padilla and Solicitor Felicisimo R. Rosete for appellant. Luis F. Gabinete for appellee Eustacio de Luna. Pedro B. Ayuda for appellee Estella R. Gordo. Alejandro P. Capitulo for appellees Angelo T. Lopez and Alawadin I. Bandon. Fransisco de la Fuente for appellee Oreste Arellano y Rodriguez. Bienvenido Peralta for appellee Abraham C. Calaguas. Santos L. Parina, Generosa H. Hubilla, Maria Velez y Estrellas, Jaime P. Marco, Roque J. Briones, Balbino P. Fajardo and Emilio P. Jardinico, Jr. in their own behalf. CONCEPCION, J. : This is an appeal, taken by the prosecution, from an order, of the Court of First Instance of Manila, granting a motion to dismiss filed by the defendant in each one of the above entitled cases, for lack of jurisdiction and, also, upon the ground that the facts alleged in the amended informations, filed in said cases, do not constitute the crime of contempt of court with which said defendants (Eustacio de Luna, Jaime P. Marco, Santos L. Parina, Estela R. Gordo, Angelo T. Lopez, Generosa H. Hubilla Oreste Arellano y Rodriguez, Abraham C. Calaguas, Roque J. Briones, Alawadin T. Bandon, Balbino P. Fajardo, Maria Velez y Estrellas and Emilio P. Jardinico, Jr., are charged. It is alleged in said amended informations that, on or about the 22nd day of December, 1954, in the City of Manila, Philippines, the person accused in each one Of these cases. . . . well knowing that he has not passed the bar examination and was not in any way authorized to take his oath as a lawyer and after haing been duly informed and notified that certain portions of Republic Act No. 972, known as the Bar Flunkers Act of 1953, are unconstitutional and therefore void and without force and effect, and that all the petitions of the candidates including the accused who failed in the examinations of 1946 to 1952, inclusive, for admission to the bar were refused and denied by the Resolution of the Honorable, the Supreme Court, promulgated on March 18, 1954, did then and there wilfully, unlawfully and contemptously disobey and resist in an insolent and defiant manner the said Resolution of the Supreme Court directed to him and each and everyone of the petitioners, and perform acts constituting improper conduct and manifestations that tend directly or indirectly to impede, obstruct or degrade the administration of justice in all courts of the Philippines and impair the respect to and attack the authority and dignity of the Honorable, the Supreme Court and all other inferior courts by
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then and there, without being lawfully authorized to do so, taking an oath as a lawyer before a notary public and making manifestations to that effect before the Honorable, the Supreme Court.
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