Case Summary (A.C. No. 10605)

I. Introduction

This document addresses the verified Complaint filed by Bienvenido T. Canlapan against Atty. William B. Balayo for alleged violations of the Code of Professional Responsibility, specifically related to conduct unbecoming of a lawyer.

II. Violations of the Code of Professional Responsibility

A. Canon 1, Rules 1.01 and 1.03

• Legal Principle: A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.
• Key Definitions:
  • Unlawful Conduct: Actions that contravene established laws or ethical standards.
• Requirements: Lawyers must maintain a professional demeanor that upholds the integrity of the legal profession.
• Consequences: Violations can lead to disciplinary actions including suspension or disbarment.

B. Canon 12, Rule 12.04

• Legal Principle: A lawyer shall not unduly delay a case, impede the execution of a judgment, or misuse court processes.
• Key Definitions:
  • Undue Delay: Any action or inaction that unnecessarily prolongs legal proceedings.
• Requirements: Lawyers are required to assist in the efficient administration of justice.
• Consequences: Professional misconduct can result in disciplinary measures.

III. Factual Background

• Incident Overview: During a mandatory conference on June 26, 2014, Atty. Balayo made a disrespectful remark towards the complainant, which was witnessed by several parties including members of the Mayon Council and employees of the National Labor Relations Commission.
• Details of the Remark: Atty. Balayo stated, "Maski sampulo pang abogado darhon mo, dai mo makua ang gusto mo!" translating to "Even if you bring ten lawyers here, you will not get what you want!" This was regarded as humiliating and disrespectful, particularly towards an elderly complainant.

IV. Respondent’s Defense

• Defense Claims: Atty. Balayo contended that he was provoked by the complainant's remarks and did not exhibit threatening behavior. He argued that his legal opinion was intended to protect the interests of his client, Fajut, and to highlight the defective notarization of the compromise agreement.
• Supporting Affidavit: Fajut corroborated Balayo's assertion that the agreement was flawed due to improper notarization.

V. Findings and Ruling

• Conduct Unbecoming: The court found Atty. Balayo guilty of conduct unbecoming of a lawyer, highlighting his failure to show respect towards an elderly individual.
• Dismissal of Other Charges: The court dismissed other allegations against Atty. Balayo due to insufficient evidence proving misconduct.

VI. Penalties Imposed

• Suspension: Atty. Balayo is suspended from the practice of law for one month.
• Warning: He is warned that any similar future misconduct will lead to more severe penalties.

VII. Relevant Legal Provisions

• Senior Citizen Rights: The resolution cited Republic Act No. 7432 and Republic Act No. 9994, which govern the rights and protections of senior citizens, emphasizing societal obligations towards this demographic.
• Professional Conduct Standards: The ruling reiterated the importance of maintaining decorum and respect in legal proceedings consistent with the Code of Professional Responsibility.

Key Takeaways

• Atty. Balayo was found guilty of disrespectful

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Case Syllabus (A.C. No. 10605)

Introduction

• This case involves a verified complaint filed by Bienvenido T. Canlapan, a retired Scout Executive of the Boy Scout of the Philippines - Mayon Albay Council, against Atty. William B. Balayo.
• The complaint alleges violations of the Code of Professional Responsibility, specifically Canon 1, Rules 1.01 and 1.03, and Canon 12, Rule 12.04.

Background of the Case

• The complaint arose from a mandatory conference held on June 26, 2014, concerning a money claim by Canlapan against the Mayon Albay Council.
• During the conference, Atty. Balayo allegedly made a disrespectful and threatening remark to Canlapan, stating, "Maski sampulo pang abogado darhon mo, dai mo makua ang gusto mo!" ("Even if you bring ten lawyers here, you will not get what you want!").
• This incident reportedly occurred after Canlapan expressed his dismay at being at a disadvantage without legal representation, as he was not informed that the Chair of the Mayon Council would bring a lawyer.

Allegations Against Respondent

• Canlapan claims that Balayo's conduct was arrogant and humiliating, especially as he was speaking to an elderly individual.
• The complaint highlights that the incident was witnessed by Higino M. Mata, First Vice Chair of the Mayon Council, and other employees of the National Labor Relations Commission.
• Canlapan asserts that Balayo impeded the enforcement of a prior compromise agreement dated June 7, 2014, which stipulated that the Mayon Co

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