On February 27, 2024, the Supreme Court En Banc found Erwin P. Erfe (Atty. Erfe) guilty of indirect contempt of court for his now-deleted post on Facebook, accusing the Court of judicial tyranny.
Atty. Erfe made the accusation after the Court, in its Resolution, dated July 11, 2023, in A.M. No. 25-05-05-SC, denied the request of the Public Attorney’s Office (PAO) to delete Section 22, Canon III of the Code of Professional Responsibility and Accountability (CPRA) and directed Atty. Persida V. Rueda-Acosta (Atty. Acosta), Chief of the PAO, to show cause why she should not be cited in indirect contempt and disciplined as a member of the Bar for her public statements regarding the matter.
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Atty. Erfe subsequently submitted to the Court his Most Humble Apology, explaining that the Facebook post was spurred by his emotions after learning about the denial of the PAO’s request and the show cause order issued against Atty. Acosta. He likewise expressed that he has already seen the rationale behind Section 22, Canon III, and conveyed his intention to fully comply with the said provision.
The Court found that Atty. Erfe’s remark was without any basis in fact or law. Thus, it fell outside the ambit of fair criticism. It was calculated to impair public confidence in the Court and degrade the administration of justice.
The Court likewise held that Atty. Erfe’s conduct fell short of the proper respect due to the Court. By baselessly accusing it of judicial tyranny, he exposed the Court to public ridicule and mockery. Furthermore, his conduct was violative of the sub judice rule, because it not only attempted to sway the public perception against the Court, it likewise imputed improper motives against its Members.
Taking into consideration Atty. Erfe’s expression of remorse, the Court deemed it proper to impose upon him a fine of PHP 10,000.00 for indirect contempt of court and to reprimand him with a stern warning that a repetition of the same or similar offense will be dealt with more severely.
FULL TEXT of A.M. No. 23-07-26-SC at: https://sc.judiciary.gov.ph/23-07-26-sc-re-post-of-atty-erwin-erfe-on-social-media-accusing-the-court-of-judicial-tyrany/
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