rheemm of the philippines vs ferrer

2
Rheem of the Philippines v Ferrer (In re: Proceedings Against Enrile...) Facts: The proceeding for certiorari and contempt is an oshoot of the Cort of Indstrial Relations! (CIR) denial of motion to dismiss the respondent!s complaint.  The follo"in g "as #led $% t he consel ( Att% . &ose '. Ar monio) for th e petitioner : ne pitfall into "hich this onora$le Cort has repeatedl% fallen "henever the *estion as to "hether or not a particlar s$+ect matter is "ithin the +risdiction of the Cort of Indstrial Relations is the tendenc% of this onora$le Cort to rel% pon its o"n prononcement "ithot de regard to the stattes "hich delineate the +risdiction of the indstrial cort. ,ite often- it is overlooed that no cort- not even this onora$le Cort- is empo"ered to e/pand or contract throgh its decision the scope of its +risdictional athorit% as conferred $% la". This error is manifested $% the decisions of this onora$le Cort citing earlier rlings $t "ithot maing an% refer ence to and anal%sis of the pertinent statte governin g the +risdiction of the Cort of Indstrial Relations. This manifestation appears in this onora$le Cort0s decision in the instant case. As a reslt- the errors committed in earlier cases dealing "ith the +risdiction of the indstrial cort are perpetated in s$se*ent cases involving the same isse . . . .  The Cort or dered con sel to sho" case "h% he s hold not $e held in con tempt. Isse: 1hether or not Att%. Armonio!s statements violated the dt% of respect to corts. eld: 2E'. Canon 3 of the Code of Profession al Responsi$ ilit% states that- 4it is the dt% of the la"%er to maintain to"ards the corts a respectf l attitde- not for the sae of the temporar% incm$ent of the +dicial o5ce $t for the maintenance of its spreme importance.6 1orth remem$ering is the attorne%!s dt% to the corts 4can onl% $e maintained $% render ing no service involving disrespect to the +dicial o5ce "hich he is $ond to phold6. In the case- the Cort felt that Att%. Armonio!s langage maes a s"eeping charge that the decisions of the 'C $lindl% adher e to earlier rlings "ithot maing 4an% reference and anal%sis6 of the pertinent stattes of the CIR. The statements made $% consel detract mch from the dignit% and respect of the 'C. Att%. Armonio "as admonished $% the 'C.

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Page 1: Rheemm of the Philippines vs Ferrer

8/20/2019 Rheemm of the Philippines vs Ferrer

http://slidepdf.com/reader/full/rheemm-of-the-philippines-vs-ferrer 1/1

Rheem of the Philippines v Ferrer (In re: Proceedings Against Enrile...) Facts: The

proceeding for certiorari and contempt is an oshoot of the Cort of Indstrial

Relations! (CIR) denial of motion to dismiss the respondent!s complaint.

 The follo"ing "as #led $% the consel (Att%. &ose '. Armonio) for the petitioner: ne

pitfall into "hich this onora$le Cort has repeatedl% fallen "henever the *estion

as to "hether or not a particlar s$+ect matter is "ithin the +risdiction of the Cortof Indstrial Relations is the tendenc% of this onora$le Cort to rel% pon its o"n

prononcement "ithot de regard to the stattes "hich delineate the +risdiction

of the indstrial cort. ,ite often- it is overlooed that no cort- not even this

onora$le Cort- is empo"ered to e/pand or contract throgh its decision the scope

of its +risdictional athorit% as conferred $% la". This error is manifested $% the

decisions of this onora$le Cort citing earlier rlings $t "ithot maing an%

reference to and anal%sis of the pertinent statte governing the +risdiction of the

Cort of Indstrial Relations. This manifestation appears in this onora$le Cort0s

decision in the instant case. As a reslt- the errors committed in earlier cases

dealing "ith the +risdiction of the indstrial cort are perpetated in s$se*ent

cases involving the same isse . . . .

 The Cort ordered consel to sho" case "h% he shold not $e held in contempt.

Isse: 1hether or not Att%. Armonio!s statements violated the dt% of respect to

corts.

eld: 2E'. Canon 3 of the Code of Professional Responsi$ilit% states that- 4it is the

dt% of the la"%er to maintain to"ards the corts a respectfl attitde- not for the

sae of the temporar% incm$ent of the +dicial o5ce $t for the maintenance of its

spreme importance.6 1orth remem$ering is the attorne%!s dt% to the corts 4can

onl% $e maintained $% rendering no service involving disrespect to the +dicial o5ce

"hich he is $ond to phold6.

In the case- the Cort felt that Att%. Armonio!s langage maes a s"eeping charge

that the decisions of the 'C $lindl% adhere to earlier rlings "ithot maing 4an%

reference and anal%sis6 of the pertinent stattes of the CIR. The statements made

$% consel detract mch from the dignit% and respect of the 'C.

Att%. Armonio "as admonished $% the 'C.