Case Digest (G.R. No. L-74)
Facts:
Arlene O. Bautista v. Atty. Zenaida M. Ferrer, A.C. No. 9057 (Formerly CBD Case No. 12-3413), July 03, 2019, Supreme Court Third Division, Peralta, J., writing for the Court.Complainant Arlene O. Bautista filed an Affidavit‑Complaint on July 11, 2011 charging respondent Atty. Zenaida M. Ferrer, then Assistant Regional State Prosecutor, Office of the Prosecutor, Region 1 (San Fernando City, La Union), with violations of the Lawyer’s Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics arising from events of March 28 and May 23, 2011.
Bautista alleged that Ferrer — angry over an unpaid loan — came to the house Bautista rented from Ferrer, hurled expletives (“putang ina mo! Ang kapal ng mukha mo!”), produced a handgun, forced Bautista to leave, searched her bag and confiscated her Nokia cellphone, and prevented her from taking the key to a tricycle. Bautista said Ferrer then brought her to City Hall and the Department of Education, publicly accused her of being a “budol‑budol” gang member, and later delivered her to the PNP San Fernando where Bautista was interrogated; Bautista alleged Ferrer kicked, punched and slapped her, and that her personal belongings (including a TV and refrigerator) were removed from the rented house and withheld until payment of the alleged debt. Bautista also alleged a May 23, 2011 confrontation in Ferrer’s office during which Ferrer shouted obscenities and allegedly thrust a pair of scissors toward her. Bautista blamed these events for subsequent family misfortunes.
In her Comment, Ferrer denied the material allegations. She said she had advanced capital to Bautista (totaling allegedly P440,000.00), that Bautista had assured repayment through a financier but failed to pay, and that Ferrer merely sought to confront Bautista and identify debtors at government offices. Ferrer admitted using harsh words in her office but insisted the cellphone was voluntarily surrendered and later returned, that the transfer of household items was for safekeeping, and that she did not point a gun or intentionally threaten Bautista. Ferrer submitted affidavits (including one from Jose Mari Almeida retracting an earlier statement about the scissors) and a police letter denying any untoward confrontation at the station. She characterized Bautista’s complaint as a pressure tactic in relation to her own estafa complaint against Bautista.
The Investigating Commissioner of the Integrated Bar of the Philippines Commission on Bar Discipline (CBD) issued a Report and Recommendation on November 12, 2012 recommending that Ferrer be reprimanded and warned against taking the law into her own hands or using abusive language. The IBP Board of Governors (BOG) initially approved the investigator’s report with modification and suspended Ferrer from the practice of law for one year in a Resolution dated August 9, 2014. On Ferrer’s Motion for Reconsideration, the BOG, by Resolution dated June 7, 2015, set aside the August 9, 2014 Resolution and adopted the Investigating Commissioner’s recommendation to ...(Subscriber-Only)
Issues:
- Did Atty. Zenaida M. Ferrer commit violations of the Lawyer’s Oath and the Code of Professional Responsibility?
- If so, what is the appropriate disciplinary sanction for those vi...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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