Noble vs. Ailes

30. Noble vs.
Ailes
Facts:
This instant administrative case arose from a verified Complaint1 for disbarment dated April 16, 2012 filed by
complainant Maximino Noble III (Maximino) against respondent Atty. Orlando O. Ailes (Orlando) before the
Integrated Bar of the Philippines (IBP).
Maximino alleged that on August 18, 2010, Orlando, a lawyer, filed a Complaint for damages against his own
brother, Marcelo 0. Ailes, Jr. (Marcelo), whom Maximino represented, together with other defendants,
therein.
Sometime in December 2011, Maximino learned from Marcelo that the latter had filed a separate case for
grave threats and estafa against Orlando .
When Maximino was furnished a copy · of the complaint, he discovered that, through text messages, Orlando
had been maligning him and dissuading Marcelo from retaining his services as counsel, claiming that he was
incompetent and that he charged exorbitant fees, saying, among others: "
“Better dismiss [your] hi-track lawyer who will impoverish [you] with his unconscionable [professional] fee.
Max Noble, as shown in court records, never appeared even once, that's why you lost in the pre-trial stage.
x x x get rid of [Noble] as [your] lawyer. He is out to squeeze a lot of money from [you]. Daig mo nga
mismong abogado mong polpol."
Records show that Orlando even prepared a Notice to Terminate Services of CounseI in the complaint for
damages, which stated that Maximina has never done anything to protect the interests of the defendants in
a manner not befitting his representation as a seasoned law practitioner and, aside from charging enormous
amount of professional fees and questionable expenses, said counsel's contracted services reached as far
only in preparing and filing uncalled for motions to dismiss " as well as a Compromise Agreement.
Meanwhile, the criminal case for grave threats and estafa filed by Marcelo against Orlando was
downgraded to unjust vexation.
Issue: Whether or not Atty. Orlando Ailes committed a violation of the CPR when he used intemperate
language to dissuade Marcelo from retaining Maximino as counsel
Ruling:
Yes. In this case, the IBP found the text messages that Orlando sent to his brother Marcelo as casual
communications considering that they were conveyed privately. To the Court's mind, however, the tenor of
the messages cannot be treated lightly. The text messages were clearly intended to malign and annoy
Maximino, as evident from the use of the word ''polpol" (stupid). Likewise, Orlando's insistence that Marcelo
immediately terminate the services of Maximino indicates Orlando's offensive conduct against his colleague,
in violation of the above-quoted rules. Moreover, Orlando's voluntary plea of guilty to the crime of unjust
vexation in the criminal case filed against him by Marcelo was, for all intents and purposes, an admission
that he spoke ill, insulted, and disrespected Maximino - a departure from the judicial decorum which
exposes the lawyer to administrative liability.
The CPR states that:
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another
lawyer; however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to
those seeking relief against unfaithful or neglectful counsel.
Though a lawyer's language may be forceful and emphatic, it should always be dignified and respectful,
befitting the dignity of the legal profession. The use of intemperate language and unkind ascriptions has no
place in the dignity of the judicial forum
WHEREFORE, the Court finds respondent Atty. Orlando O. Ailes GUILTY of violating Rule 7.03 of Canon 7 as
well as the entire Canon 8 of the Code of Professional Responsibility. He is hereby ADMONISHED to be more
circumspect in dealing with his professional colleagues and STERNLY WARNED that a commission of the
same or similar acts in the future shall be dealt with more severely.

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