Baloing vs Judge Calderon

Facts:

Atty. Eduardo Balaoing filed several complaints against different judges from Olongapo, Zambales.
Among those were Hon. Jaime Dojillo (MTC), Hon. Santiago Maliwanag (RTC), Hon. Leopoldo Calderon
(RTC6). The complaints filed were about the alleged violations and errors of the judges in deciding some
cases wherein Atty. Balaoing was either a counsel for the plaintif or a plaintiff himself. Some of the
alleged violations of Judge Calderon was grave abuse of authority and malicious delay in the
administration of justice and allowing multiple postponement of the hearings only informing the
complainant 3 hours before schedule. The complainant also alleges that Judge Maliwanag acted with
gross ignorance of the law by issuing unjust patent order. The complainant also used foul words such as
notorious, insane and swindler addressed to Leonor Maniago, a court employee. Balaoing also asserts
that the researcher of Judge Calderon, Assistant Clerk Jaime Dojillo, receives compensation from Mayor
Gordon in addition to his salary for his position in Court. Lastly, Judge Calderon and Dojillo frequently
drinks with and fraternizes with Mayor Gordon The respondent judges, through their Comments, denied
such allegations. The complainant has been sternly warned that filing of similar infractions will be dealt
with more severely. In addition, complainant has also been previously suspended for a period of one
year. Despite such warning, Balaoing has continued filing complaints against judges and other members
of the court for their alleged infractions.

Issue:

Whether or not the acts of Atty. Baloing are violative of the Code of Professional Responsibility.

Held:

Yes. The acts of complainant Balaoing run counter to the explicit mandate of the Code of Professional
Responsibility, to wit:
CANON 11 — A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSISTS ON SIMILAR CONDUCT BY
OTHERS.
xxx xxx xxx
Rule 11.03 — A lawyer shall abstain from scandalous, offensive or menacing language
or behavior before the Courts.
Rule 11.04 — A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.
The Court reviewed the records of these cases and find the present administrative complaints of
Atty. Balaoing against Judge Calderon, Jr. and his OIC Leonor Maniago, and against Judge Maliwanag,
just as frivolous and baseless as the previous ones. Like before, his present complaints are based on his
personal interpretation of the law and not on material allegations of fact, substantiated by solid
evidence. Complainant Balaoing's wanton disregard of the Court’s stern warning not to again file
baseless and frivolous complaints which only clog the already full dockets of this Court instead of serve
the ends of justice, and his adamant refusal to abide by the above-quoted provisions of the Code of
Professional Responsibility which serve to regulate a lawyer's conduct in this jurisdiction, have shown
complainant Balaoing's unfitness to hold the license to practice law.