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case digest

FACTS: This is a complaint against Atty. Mariano Pefianco for conduct unbecoming a member of the bar for using improper and offensive language and threatening and attempting to assault complainant. The complainant, Atty. Antonio A. Alcantara, is the incumbent District Public Attorney of the Public Attorney’s Office in San Jose, Antique. He alleged that while Atty. Ramon Salvani III was conferring with a client in the Public Attorney’s Office (PAO) at the Hall of Justice in San Jose, Antique, a woman approached them. Complainant suggested Atty. Salvani to talk with her when respondent Atty. Mariano Pefianco, who was sitting nearby, stood up and shouted at Atty. Salvani and his client. Atty Pefianco was asked to calm down but he did not refrain from his outburst. This caused a commotion in the office wherein respondent tried to attack complainant and even shouted at him, "You’re stupid!" Complainant also submitted the affidavits of Atty. Ramon Salvani III, Felizardo Del Rosario, Atty. Pepin Joey Marfil, Robert Minguez, Herbert Ysulat and Ramon Quintayo to corroborate his allegations.
In his Comment and Counter-Complaint, respondent Pefianco said that the sight of the crying woman, whose husband had been murdered, moved him and prompted him to take up her defense. He also averred that it was Alcantara who punched him and called him stupid.


ISSUE: Whether or not respondent’s act violate the Code of Professional Responsibility.


HELD: YES. Pefianco violated Canon 8 of the Code of Professional Responsibility: CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Lawyers are duty bound to uphold the dignity of the legal profession. They must act honorably, fairly and candidly toward each other and otherwise conduct themselves without reproach at all times. In this case, respondent’s meddling in a matter in which he had no right to do so caused the untoward incident. Though he thought that this is righteous, his public behaviorcan only bring down the legal profession in the eyes of the public and erode respect for it. An injustice cannot be righted by another injustice.

WHEREFORE, Atty. Mariano Pefianco is found GUILTY of violation of Canon 8 of the Code of Professional Responsibility and, considering this to be his first offense, is hereby FINED in the amount of P1,000.00 and REPRIMANDED with a warning that similar action in the future will be sanctioned more severely.

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