Case Summary (A.C. No. 9057)
Background of the Case
Arlene O. Bautista initiated an Affidavit-Complaint against Atty. Zenaida M. Ferrer, alleging violations of the Lawyer's Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics. Bautista claimed that Ferrer, who served as an Assistant Regional State Prosecutor, had threatened, coerced, and unlawfully detained her concerning a debt Bautista owed to Ferrer, purportedly amounting to P440,000. Bautista alleged that Ferrer stormed into her rented home, delivered verbal insults, brandished a handgun, searched her belongings, and threatened her family. Bautista further claimed that her personal belongings were wrongfully confiscated, and she experienced severe emotional distress, eventually leading to the misfortunes of her daughter.
Allegations by the Complainant
Bautista described multiple incidents of harassment, including a forceful eviction from her rented residence, where Ferrer allegedly took control of personal property and physically assaulted her. Bautista claimed that Ferrer’s actions culminated in her wrongful detention at the Philippine National Police station for an extended period and public ridicule at governmental offices. Bautista stated that Ferrer's aggressive conduct not only aimed to collect debt but also brought severe harm to her and her family.
Respondent's Denial and Counterclaims
In response to the allegations, Ferrer denied all accusations, asserting that her encounter with Bautista was peaceful and professional. Ferrer claimed that Bautista was involved in lending money and had defaulted on her payments. According to Ferrer, their confrontation was intended to discuss the outstanding obligations and that any remarks made were merely to reinforce her position. Ferrer provided affidavits from witnesses disputing Bautista's claims of violence and coercion, insisting that Bautista's personal effects were not confiscated without justification.
Findings and Recommendations
The Investigating Commissioner of the Integrated Bar of the Philippines advised a reprimand for Ferrer, cautioning that future misconduct would lead to stricter penalties. However, the Board of Governors initially suspended Ferrer for one year, later rescinding this decision and issuing a reprimand instead. Ferrer maintained that the allegations were an attempt to retaliate against her for existing legal issues involving Bautista.
Court's Ruling
The Court ultimately determined that Ferrer’s actions warranted a one-year suspension from the practice of law. It underscored that despite any underlying financial disputes, Ferrer's behavior constituted a serious breach of the Canon of Professional Responsibility. This included using derogatory language, e
...continue readingCase Syllabus (A.C. No. 9057)
Background of the Case
- The case revolves around a complaint filed by Arlene O. Bautista against Atty. Zenaida M. Ferrer, alleging violations of the Lawyer's Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics.
- The complaint was initiated on July 11, 2011, highlighting several accusations, including grave coercion, grave threats, grave oral defamation, unlawful arrest, and theft.
Allegations by the Complainant
- Bautista claimed that she owed Ferrer P200,000.00, but Ferrer was now demanding P440,000.00.
- On March 28, 2011, Ferrer allegedly confronted Bautista at her rented home, using derogatory language and brandishing a handgun.
- Ferrer reportedly forced Bautista to leave her home, searched her belongings without consent, and confiscated her cellphone.
- Bautista's live-in partner and sister were also allegedly harassed during this incident.
- Ferrer took Bautista to the City Hall to identify her debtors, publicly humiliating her by labeling her a member of a "Budol-budol" gang.
- Later that day, Ferrer allegedly detained Bautista at the Philippine National Police (PNP) station, where she was physically assaulted and coerced into revealing information about her debt