A.C. No.

11394 December 01, 2016 obtain an improper advantage in any case

MARIA VICTORIA G. BELO-HENARES v.
ATTY. ROBERTO C. GUEVARRA
PERLAS-BERNABE, J .:
FACTS:
Respondent is the lawyer of a certain Ms.
Josefina "Josie" Norcio, who filed criminal cases
against complainant for an allegedly botched
surgical procedure on her buttocks purportedly
causing infection and making her ill in 2009.
In 2009, respondent wrote a series of
posts on his Facebook account insulting and
verbally abusing complainant.
or proceeding.
By posting the subject remarks on
Facebook directed at complainant and BMGI,
respondent disregarded the fact that, as a lawyer,
he is bound to observe proper decorum at all
times, be it in his public or private life. He
overlooked the fact that he must behave in a
manner befitting of an officer of the court, that is,
respectful, firm, and decent. Instead, he acted
inappropriately and rudely; he used words
unbecoming of an officer of the law, and
conducted himself in an aggressive way by hurling
insults and maligning complainant's and BMGI's
reputation.

Asserting that the said posts, written in

vulgar and obscene language, were designed to
inspire public hatred, destroy her reputation, and
to close BMGI
and all its clinics, as well as to extort the amount
of P200 Million from her as evident from his
demand letter dated August 26, 2009,
complainant lodged this complaint for disbarment
against respondent.

ISSUE:

WON respondent should be administratively

liable

HELD:

YES.

In view of the foregoing, respondent's

inappropriate and obscene language, and his act
of publicly
insulting and undermining the reputation of comp
lainant through the subject Facebook posts are, t
herefore, in complete and utter violation of the fo
llowing provisions in the Code of Professional
Responsibility:

Rule 7.03 - A lawyer shall not engage in

conduct that adversely reflects on his
fitness
to practice law, nor shall he, whether in p
ublic or private life, behave in a scandalou
smanner to the discredit of the legal
profession.
Rule 8.01 - A lawyer shall not, in his
professional dealings, use language which
is abusive, offensive or otherwise
improper.
Rule 19.01 - A lawyer shall employ only
fair and honest means to attain the lawful
objectives of his client and shall not
present, participate in presenting or
threaten
to present unfounded criminal charges to