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.
