Case Summary (A.C. No. 11394)
Petitioner
Maria Victoria G. Belo-Henares, a renowned cosmetic surgeon and public figure associated with Belo Medical Group, Inc.
Respondent
Atty. Roberto “Argee” C. Guevarra, counsel for Ms. Norcio, accused of making defamatory and extortionate statements on Facebook.
Key Dates
• 2009: Posting of insulting and threatening Facebook remarks by respondent
• October 25, 2009: Filing of verified disbarment complaint (CBD Case No. 09-2551)
• August 13, 2013: IBP-CBD recommends one-year suspension
• September 27, 2014: IBP Board adopts recommendation
• October 28, 2015: Penalty reduced to six-month suspension
• December 1, 2016: Supreme Court decision
Applicable Law
1987 Constitution (freedom of speech, right to privacy) and the Code of Professional Responsibility (Rules 1.01–1.02; 7.03; 8.01; 19.01).
Facts
Respondent published multiple Facebook posts beginning July 2009 that disparaged Belo-Henares as a “quack doctor” and “Reyna ng Kaplastikan,” alleged criminal negligence and bribery, urged boycotts of her clinics, and threatened her with prosecution. He also suggested extortion to halt his campaign against her reputation.
Respondent’s Defense
He claimed (1) his posts were private and protected by his constitutional right to privacy; (2) he exercised freedom of speech; (3) complainant is a public figure subject to fair comment; and (4) his demand letter was a procedural prerequisite, not an extortion attempt.
IBP Proceedings and Recommendations
The IBP-CBD found respondent liable under Rules 7.03, 8.01, and 19.01 for public misconduct, abusive language, and unfounded threats of criminal charges. It disregarded his privacy claim given the number of “friends” with access. The IBP Board initially adopted a one-year suspension, later reduced to six months.
Issue
Whether respondent’s Facebook posts constitute administrative violations warranting suspension under the Code of Professional Responsibility.
Court’s Findings on Privacy
Facebook’s nature as a social networking site and available privacy settings require a manifest invocation of privacy tools. Respondent offered no proof he restricted access; mere “Friends” settings do not guarantee confidentiality. His right to privacy defense fails.
Court’s Findings on Freedom of Speech
Freedom of expression is subject to obligations of justice, honesty, and good faith. Respondent’s posts were malicious, insulting, and defamatory, going be
Case Syllabus (A.C. No. 11394)
Facts
- Complainant, Maria Victoria G. Belo-Henares, is Medical Director and principal stockholder of Belo Medical Group, Inc. (BMGI), specializing in cosmetic surgery.
- Respondent, Atty. Roberto “Argee” C. Guevarra, represents Josefina “Josie” Norcio in criminal cases filed against complainant for alleged botched procedures in 2002, 2005, and resulting complications in 2009.
- Between July and October 2009, respondent posted numerous insulting and abusive remarks about complainant and BMGI on his public Facebook account, using epithets such as “quack doctor,” “Reyna ng Kaplastikan,” and threatening organized boycotts.
- Posts also falsely accused complainant of criminal negligence and estafa, predicted her criminal conviction, and invited others to campaign against BMGI.
- Some posts included sexist and vulgar language, unrelated to legal representation, and references to a demand for payment of PHP 200 million.
Verified Complaint and Alleged Violations
- Complaint was filed on October 25, 2009 before the Integrated Bar of the Philippines (IBP), docketed as CBD Case No. 09-2551.
- Alleged breaches of the Code of Professional Responsibility:
• Rule 1.01 and Rule 1.02, Canon 1 (Integrity and independence of judgment)
• Rule 7.03, Canon 7 (Conduct reflecting on fitness to practice law)
• Rule 8.01, Canon 8 (Use of abusive or offensive language)
• Rule 19.01, Canon 19 (Fair and honest means; prohibition on unfounded criminal charges) - Complainant asserted respondent intended to destroy her reputation, cripple BMGI’s practice, and extort PHP 200 million.
Respondent’s Defense
- Claimed Facebook posts were private communications shared only with his circle of friends; their publication violated his right to privacy.
- Invoked freedom of speech and fair co