Tan vs.

Balajadia

Facts:

Respondent Balajadia was charged for contempt by the petititioners, Tan, et al.
Before that, the respondent filed a criminal case against the petitioners with the Office of
the City Prosecutor of Baguio City. In his complaint-affidavit, the respondent asserted
that he is a “practicing lawyer” based in Baguio City. However, certifications issued by
the OBC and the IBP showed that the respondent was admitted to the Bar.

Respondent asserted that the allegation that he was a practicing lawyer is an

honest mistake. He claims that the secretary of Atty. Paterno Aquino prepared the
complaint-affidavit patterned after Atty. Aquino’s affidavit. Liza Laconsay, Atty.
Aquino’s secretary, admitted the mistake of copying Atty. Aquino’s complaint-affidavit
and instead of stating that Respondent Balajadia is a businessman, he was erroneously
referred to as a practicing lawyer.

Issue: Whether not the respondent is liable for direct contempt.

Ruling:

The affidavit of Liza Laconsay attesting to the mistake in drafting the complaint-
affidavit conforms to the documentary evidence on record and the allegation was indeed
a result of inadvertence and doesn’t establish intent to make him liable for indirect
contempt.