Case Digest (A.C. No. 12883)
Facts:
Enrico R. Velasco v. Atty. Berteni C. Causing, A.C. No. 12883 (Formerly CBD Case No. 16-5016), March 02, 2021, Supreme Court En Banc, Inting, J., writing for the Court.Complainant Enrico R. Velasco filed a Complaint‑Affidavit for disbarment against respondent Atty. Berteni C. Causing with the Integrated Bar of the Philippines (IBP), alleging violations of the Code of Professional Responsibility (CPR) arising from Atty. Causing’s online publications and communications.
Velasco was the petitioner in Civil Case No. 10536 for declaration of nullity of marriage pending before Branch 3, Regional Trial Court, Balanga City, Bataan; Atty. Causing was counsel for the respondent-spouse, Nina Ricci Narvaez Laudato, in that nullity case. On April 7, 2016, Atty. Causing sent a direct message via Facebook to Velasco’s son, attaching a link to a March 19, 2016 Facebook post captioned “Wise Polygamous Husband?” The post accused Velasco of bigamy, criticized his petition in the nullity case, and reproduced photographs of the complete copy of Velasco’s petition. Atty. Causing shared the post to another personal Facebook account and to a public Facebook group of about 3,500 members; other users further shared and commented, producing negative reactions toward Velasco.
In his verified answer, Atty. Causing admitted publishing the post and sending the link but asserted he acted as his client’s “spokesman‑lawyer” and as a “journalist‑blogger,” invoking freedom of speech and press and claiming truth as a defense. He denied intent to harass or to commit libel.
Investigating Commissioner Jose Alfonso M. Gomos issued a Report and Recommendation dated January 23, 2017 finding breaches of the Family Courts Act’s confidentiality rule and of the CPR, and recommending suspension for one (1) year. The IBP Board of Governors adopted the factual findings but increased the penalty to suspension for two (2) yea...(Pro-only)
Issues:
- Should Atty. Berteni C. Causing be held administratively liable for publishing the Facebook post and photographs of the complainant’s petition in the nullity case?
- If liable, what penalty is...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)