Case Summary (A.C. No. 12883)
Petitioner
Enrico R. Velasco, plaintiff in Civil Case No. 10536 before the Regional Trial Court of Balanga City, Bataan, seeking nullity of his marriage.
Respondent
Atty. Berteni C. Causing, legal counsel for Velasco’s spouse in the nullity proceeding and author of the contested Facebook post.
Key Dates
• March 19, 2016 – Respondent’s initial Facebook publication (“Wise Polygamous Husband?”) with attached petition documents
• April 7, 2016 – Respondent sent direct message to Velasco’s son linking the Facebook post
• January 23, 2017 – IBP investigating commissioner’s report recommending one-year suspension
• November 28, 2017 – IBP Board of Governors resolution imposing two-year suspension
• June 18, 2019 – Denial of respondent’s motion for reconsideration by IBP Board
• March 2, 2021 – Supreme Court resolution docketing administrative case
• October 2, 2023 – Final Supreme Court decision
Applicable Law
• 1987 Philippine Constitution – freedom of expression subject to ethical and legal limits
• Code of Professional Responsibility (CPR)
– Canon 1; Rule 8.01 (prohibition against abusive or offensive language)
– Canon 13; Rule 13.02 (prohibition on public statements about pending cases)
– Canon 19; Rule 19.01 (requirement to employ only fair and honest means)
• Republic Act No. 8369 (Family Courts Act of 1997), Section 12 (confidentiality of family court records)
Antecedents
Velasco’s petition for nullity of marriage was pending before Branch 3, RTC Balanga City. Respondent, representing Velasco’s spouse, published the entire petition on his Facebook account under the caption “Wise Polygamous Husband?” He labeled Velasco “polygamous,” “dishonest,” “arrogant,” and “cheater,” and sent the post link to Velasco’s son. The post was shared publicly, eliciting adverse reactions toward Velasco. Velasco filed a Complaint-Affidavit for disbarment before the IBP.
Issue
Whether Atty. Causing violated his ethical and statutory duties by publishing confidential family court documents and making derogatory public statements about the complainant.
Ruling
The Court finds Atty. Causing administratively liable for breaching the CPR and RA 8369. His defenses invoking freedom of expression and status as a “spokesman-lawyer” or “journalist-blogger” are untenable. The Court adopts the IBP findings but reduces the penalty.
Rationale
Duty of Confidentiality and Professional Decorum
– Section 12, RA 8369 prohibits disclosure of family court records.
– CPR Canon 13, Rule 13.02 forbids public statements on pending cases.
– CPR Rule 8.01 prohibits abusive or offensive language.
– CPR Canon 19, Rule 19.01 mandates fair and honest means.
– A lawyer may not shed professional obligations once off the record.Limits on Freedom of Expression
– Under the 1987 Constitution, freedom of speech and the press is not absolute.
– In Belo-Henares v. Atty. Guevarra, the Court held that defamatory or insulting statements in a lawy
Case Syllabus (A.C. No. 12883)
Facts of the Case
- Complainant Enrico R. Velasco filed Civil Case No. 10536 for declaration of nullity of his marriage with Nina Ricci Narvaez Laudato before RTC Branch 3, Balanga City, Bataan.
- Atty. Berteni C. Causing acted as counsel for Laudato in the nullity case.
- On April 7, 2016, Atty. Causing sent a private Facebook message to Velasco’s son, Jomel A. Velasco, saying “pakitignan mo ang iyong ama, iho at huwag mo syang gayahin ha,” together with a link to his March 19, 2016 post on Facebook.
- The Facebook post, captioned “Wise Polygamous Husband?”, recounted that Velasco’s second marriage was bigamous, attached a copy of Velasco’s nullity petition, and accused him of using a petition on lack of license to quash a criminal bigamy case by way of prejudicial question.
- Atty. Causing shared the subject post and petition photographs on his other Facebook account (“Berteni ‘Toto’ CataluAa Causing”) and in a public Facebook group (≈3,500 members).
- The post was further shared by third parties, eliciting negative comments and reactions against Velasco.
Procedural Antecedents
- Velasco filed a Complaint-Affidavit for disbarment against Atty. Causing with the Integrated Bar of the Philippines (IBP).
- Investigating Commissioner Gomos issued a Report (Jan. 23, 2017) finding breach of Family Court confidentiality and recommending a one-year suspension.
- The IBP Board of Governors adopted the facts but increased the recommended suspension to two (2) years (Resolution Nov. 28, 2017).
- Atty. Causing’s motion for reconsideration was denied (Resolution June 18, 2019).
- Atty. Causing elevated the case to the Supreme Court (A.C. No. 12883).
Respondent’s Defense
- Admitted publication of the post and transmission of the link to Velasco’s son.
- Claimed role as “spokesman-lawyer” merely c