services all these despite the pendency of the criminal cases that Norcio had already filed against
complainant. He even threatened complainant with conviction for criminal negligence and estafa which is
contrary to one's obligation "to act with justice."·
In view of the foregoing, respondent's inappropriate and obscene language, and his act of publicly
insulting and undermining the reputation of complainant through the subject Facebook posts are,
therefore, in complete and utter violation of the following provisions in the Code of Professional
Responsibility:
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.
ch an Rob lesvirt u alLa wlib rary
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his
client and shall not present, participate in presenting or threaten to present unfounded criminal charges
to obtain an improper advantage in any case or proceeding.
By posting the subject remarks on Facebook directed at complainant and BMGI, respondent disregarded
the fact that, as a lawyer, he is bound to observe proper decorum at all times, be it in his public or
private life. He overlooked the fact that he must behave in a manner befitting of an officer of the court,
that is, respectful, firm, and decent. Instead, he acted inappropriately and rudely; he used words
unbecoming of an officer of the law, and conducted himself in an aggressive way by hurling insults and
maligning complainant's and BMGI's reputation.
ch an rob leslaw
That complainant is a public figure and/or a celebrity and therefore, a public personage who is exposed
to criticism72 does not justify respondent's disrespectful language. It is the cardinal condition of all
criticism that it shall be bona fide, and shall not spill over the walls of decency and propriety.73 In this
case, respondent's remarks against complainant breached the said walls, for which reason the former
must be administratively sanctioned.
"Lawyers may be disciplined even for any conduct committed in their private capacity, as long as their
misconduct reflects their want of probity or good demeanor, a good character being an essential
qualification for the admission to the practice of law and for continuance of such privilege. When the
Code of Professional Responsibility or the Rules of Court speaks of conduct or misconduct, the reference
is not confined to one's behavior exhibited in connection with the performance of lawyers' professional
duties, but also covers any misconduct, which—albeit unrelated to the actual practice of their
profession—would show them to be unfit for the office and unworthy of the privileges which their license
and the law invest in them."74 Accordingly, the Court finds that respondent should be suspended from
the practice of law for a period of one (1) year, as originally recommended by the IBP-CBD, with a stem
warning that a repetition of the same or similar act shall be dealt with more severely.
WHEREFORE, respondent Atty. Roberto "Argee" C. Guevarra is found guilty of violation of Rules 7.03,
8.01, and 19.01 of the Code of Professional Responsibility. He is hereby SUSPENDED from the practice
of law for a period of one (1) year, effective upon his receipt of this Decision, and is STERNLY
WARNED that a repetition of the same or similar acts will be dealt with more severely.
Let a copy of this Decision be furnished the Office of the Bar Confidant, the Integrated Bar of the
Philippines, and the Office of the Court Administrator for circulation to all the courts.
SO ORDERED.
Ch an Rob lesVirtu alawlib rary
Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Caguioa, JJ., concur.
Endnotes:
1
Dated October 25, 2009. Rollo, Vol. I, pp. 2-12.
2
Id. at 2.
3
Id. at 3.
4
Id.
5
Id. at 13; emphases and italics supplied.