Case Digest (A.C. No. 10605)
Facts:
The case involves a verified complaint filed by Bienvenido T. Canlapan, a retired Scout Executive of the Boy Scouts of the Philippines - Mayon Albay Council, against Atty. William B. Balayo. The complaint was lodged on February 17, 2016, concerning an incident that occurred during a mandatory conference on June 26, 2014, at the office of Executive Labor Arbiter Jose C. Del Valle, Jr. The conference was related to a money claim filed by Canlapan against the Mayon Council. During the conference, Atty. Balayo allegedly made a disrespectful remark towards Canlapan, stating, "Maski sampulo pang abogado darhon mo, dai mo makua ang gusto mo!" which translates to "Even if you bring ten lawyers here, you will not get what you want!" This comment was made after Canlapan expressed his disadvantage in not having legal representation when he learned that Ervin O. Fajut, Chair of the Mayon Council, had brought a lawyer. Canlapan felt humiliated and disrespected, especia...
Case Digest (A.C. No. 10605)
Facts:
Background of the Case
- Bienvenido T. Canlapan, a retired Scout Executive of the Boy Scouts of the Philippines - Mayon Albay Council, filed a complaint against Atty. William B. Balayo for alleged violations of the Code of Professional Responsibility.
- The complaint stemmed from an incident during a mandatory conference held on June 26, 2014, before Executive Labor Arbiter Jose C. Del Valle, Jr., regarding a money claim filed by Canlapan against the Mayon Council.
Incident at the Mandatory Conference
- During the conference, Canlapan approached the Mayon Council representatives and expressed his disadvantage due to the absence of legal representation. Atty. Balayo allegedly responded by arrogantly throwing his arm toward Canlapan and saying, "Maski sampulo pang abogado darahon mo, dai mo makua ang gusto mo!" ("Even if you bring ten lawyers here, you will not get what you want!").
- Canlapan felt humiliated and disrespected, especially since he was a senior citizen, and the incident was witnessed by other attendees, including Higino M. Mata, First Vice Chair of the Mayon Council, and employees of the National Labor Relations Commission.
Compromise Agreement
- Canlapan expected the conference to be brief, as it was called to confirm an amicable settlement evidenced by a June 7, 2014 Memorandum Agreement, where the Mayon Council agreed to pay Canlapan his accrued leave benefits amounting to P487,000.00 on an installment basis.
- However, the conference turned adversarial when Ervin O. Fajut, Chair of the Mayon Council, reneged on the agreement, allegedly due to Atty. Balayo's influence.
Respondent's Defense
- Atty. Balayo claimed that he was invited by Fajut to provide legal assistance regarding the legality of the Memorandum of Agreement. He argued that the Agreement was improperly notarized and that he appeared at the conference to protest its validity.
- Balayo denied making any threatening gestures or disrespectful behavior, stating that he only responded to Canlapan's persistent and uncalled-for statements.
Issue:
- (Unlock)
Ruling:
- (Unlock)
Ratio:
- Respect for Elders: The Court emphasized the importance of respecting senior citizens, as enshrined in the 1987 Constitution and various laws, including the Senior Citizens Act. Lawyers, as officers of the court, must uphold the dignity of the legal profession and set an example of proper conduct.
- Lawyer's Duty to Uphold Professionalism: Lawyers must avoid offensive and disrespectful behavior, even when provoked. Atty. Balayo's remarks, though allegedly made in response to provocation, were deemed inappropriate and contrary to the ethical standards expected of lawyers.
- No Obstruction of Justice: The Court found that Atty. Balayo's actions in questioning the validity of the Memorandum of Agreement were within his duty to protect his client's interests and did not constitute undue delay or misuse of court processes.