AC 11394; (December, 2016) (Digest)
G.R. No. A.C. No. 11394. December 01, 2016
Maria Victoria G. Belo-Henares, Complainant, vs. Atty. Roberto “Argee” C. Guevarra, Respondent.
FACTS
Complainant Maria Victoria G. Belo-Henares, Medical Director and principal stockholder of Belo Medical Group, Inc. (BMGI), filed a verified complaint for disbarment against respondent Atty. Roberto “Argee” C. Guevarra, the lawyer of Josefina “Josie” Norcio, who had filed criminal cases against complainant for an allegedly botched surgical procedure. The complaint alleged that respondent, in 2009, posted a series of derogatory, abusive, and threatening remarks on his Facebook account against complainant and BMGI. These posts included calling complainant a “Quack Doctor,” accusing her of using “extra-legal” and “payola” budgets to influence cases, threatening to paralyze BMGI’s operations and boycott its clinics, predicting complainant’s criminal conviction without basis, and making sexist and vulgar comments. The posts were alleged to violate the Code of Professional Responsibility.
ISSUE
Whether respondent Atty. Roberto “Argee” C. Guevarra violated the Code of Professional Responsibility through his Facebook posts, warranting disciplinary action.
RULING
Yes, the Supreme Court found respondent guilty of violating Canon 8 and Rule 8.01 of the Code of Professional Responsibility, which require lawyers to conduct themselves with courtesy, fairness, and candor toward their professional colleagues and to avoid scandalous, offensive, or menacing language. The Court held that respondent’s Facebook posts, which were publicly accessible, contained intemperate, abusive, and disrespectful language that undermined the integrity of the legal profession and transgressed the bounds of professional conduct. While lawyers have the right to free speech, this must be exercised with restraint and responsibility. The Court suspended respondent from the practice of law for one year, with a warning that a repetition of similar conduct would be dealt with more severely. The Court emphasized that a lawyer’s duty to uphold the dignity of the legal profession extends to their behavior in both professional and private capacities, including on social media.