A.C. No.

11394 December 01, 2016

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.

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 complainant through
the subject Facebook posts are, therefore, in complete and utter violation of the
following 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 public or private life,
behave in a scandalous manner 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 obtain an improper
advantage in any case 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.