Case Digest (A.C. No. 12883)
Facts:
In Enrico R. Velasco v. Atty. Berteni C. Causing, decided October 2, 2023 (A.C. No. 12883, formerly CBD Case No. 16-5016), the Supreme Court, En Banc addressed an administrative complaint filed on March 2, 2021 by Enrico R. Velasco (complainant) against Atty. Berteni C. Causing (respondent) before the Integrated Bar of the Philippines (IBP). Velasco had an ongoing nullity case (Civil Case No. 10536) in Branch 3, Regional Trial Court, Balanga City, Bataan against his wife Nina Ricci Narvaez Laudato, with Atty. Causing representing Laudato. On April 7, 2016, Atty. Causing sent a Facebook direct message to Velasco’s son containing a link to a March 19, 2016 post entitled “Wise Polygamous Husband?” that he had published on his own Facebook account. The post included photographs of Velasco’s petition for declaration of nullity of marriage and commentary accusing Velasco of bigamy, dishonesty, arrogance and other disparaging characterizations. The post was shared to another Facebook aCase Digest (A.C. No. 12883)
Facts:
- Antecedents
- Enrico R. Velasco (complainant) filed Civil Case No. 10536 for declaration of nullity of marriage with Nina Ricci Narvaez Laudato (nullity case) in RTC, Balanga City, Bataan.
- Atty. Berteni C. Causing (respondent) acted as counsel for Laudato in the nullity case.
- Publication of Facebook Post
- On March 19, 2016, Atty. Causing published a Facebook post captioned “Wise Polygamous Husband?” containing:
- Commentary alleging bigamy and dishonesty by complainant.
- Photographs of the complete petition filed in the nullity case.
- On April 7, 2016, he sent a direct message with a link to the post to complainant’s son, Jomel A. Velasco.
- The post was shared on a public Facebook group (≈3,500 members) and generated negative reactions toward complainant.
- Respondent’s Defense
- In his Verified Answer, Atty. Causing admitted publication but asserted:
- He acted as “spokesman-lawyer” for his client.
- He merely told the truth; truth cannot constitute libel.
- As a “journalist-blogger,” he exercised press freedom.
- IBP Proceedings
- Investigating Commissioner’s Report (Jan. 23, 2017) found breach of confidentiality under RA 8369 §12 and CPR; recommended 1-year suspension.
- IBP Board of Governors Resolution (Nov. 28, 2017) adopted findings, increased suspension to 2 years.
- Motion for reconsideration denied (June 18, 2019).
Issues:
- Whether Atty. Berteni C. Causing is administratively liable for publishing in Facebook the subject post and photographs of complainant’s petition in the nullity case.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)