CASE DIGEST - Malabed Vs Dela Pena

TITLE: Respondent described complainant's counsel as
"silahis" and accused complainant of "cohabiting

MALABED vs DELA PENA with a married man x x x before the wife of that
married man died."
A.C. No. 7594, February 09, 2016
ISSUE:
TOPIC: Professional Dealings with Court, Client,
Fellow Lawyers and Society (use of improper Whether or not respondent is guilty of dishonesty
language to fellow lawyer) and grave misconduct.
HELD:
CASE FILED: YES.
Administrative complaint filed by Adelpha E.
Respondent is guilty of gross misconduct.
Malabed (complainant) against Atty. Meljohn B. De la
Peña (respondent) for dishonesty and grave
misconduct
The Court increased the IBP's recommended penalty
to suspension from the practice of law for two (2)
years.
FACTS:
Aside from such language being inappropriate, it is
irrelevant to the resolution of this case. While
The complainant, charged respondent with respondent is entitled and very much expected to
dishonesty for "deliberately and repeatedly making defend himself with vigor, he must refrain from
falsehood" that "misled the Court.” using improper language in his pleadings.
In Saberon v. Larong,13 we stated:
Alleging among others, that: x x x [W]hile a lawyer is entitled to present his case
with vigor and courage, such enthusiasm does not
1. for using a Certificate to File Action which was justify the use of offensive and abusive language.
used in a complaint filed by complainant's brother Language abounds with countless possibilities for
Conrado Estreller against Fortunato Jadulco, who is one to be emphatic but respectful, convincing but
respondent's client; not derogatory, illuminating but not offensive.
2. for not furnishing complainant's counsel with a On many occasions, the Court has reminded
copy of the free patent covered by OCT No. 1730 members of the Bar to abstain from all offensive
which was attached to the Comment respondent filed personality and to advance no fact prejudicial to the
with the Court of Appeals; and honor or reputation of a party or witness, unless
3. or accepting the positions of Associate Dean and required by the justice of the cause with which he is
Professor of the NIT - University of Eastern charged. In keeping with the dignity of the legal
Philippines College of Law and receiving salaries profession, a lawyers language even in his pleadings
therefor, in violation of the accessory penalty of must be dignified.
prohibition on reemployment in any government
office as a result of his dismissal as a judge. For using improper language in his pleadings,
respondent violated Rule 8.01 of Canon 8 of the
In which the IBP Commissioner recommended that Code of Professional Responsibility which states:
respondent be suspended from the practice of law
for one year. Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
otherwise improper.
It should be noted that Commissioner Norberto B. OTHER IMPORTANT DOCTRINE/PROVISION:
Ruiz of the IBP said that the foul language used by
respondent in his pleadings submitted before the IBP, Under Section 27, Rule 138 of the Rules of Court,
was inappropriate.s gross misconduct is a ground for disbarment or
suspension from the practice of law.
SEC. 27. Disbarment or suspension of attorneys by
Supreme Court; grounds therefor. — A member of
the bar may be disbarred or suspended from his
office as attorney by the Supreme Court for any
deceit, malpractice, or other gross misconduct in
such office, grossly immoral conduct, or by reason of
his conviction of a crime involving moral turpitude,
or for any violation of the oath which he is required
to take before admission to practice, or for a willful
disobedience of any lawful order of a superior court,
or for corruptly or willfully appearing as an attorney
for a party to a case without authority so to do. The
practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or
brokers, constitutes malpractice.
In view of respondent's repeated gross misconduct,

we increase the IBP's recommended penalty to
suspension from the practice of law for two (2)
years.

CASE DIGEST - Malabed Vs Dela Pena

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CASE DIGEST - Malabed Vs Dela Pena

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TITLE: Respondent described complainant's counsel as

"silahis" and accused complainant of "cohabiting

In view of respondent's repeated gross misconduct,

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