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Home / Features / Belo vs. Guevarra: A landmark case for Facebook privacy in PH

Belo vs. Guevarra: A landmark case for Facebook privacy in PH


Posted on January 13, 2017

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By Ike Suarez

A lawyer who uses social media to publicly insult and undermine the reputation of another person
has violated the Code of Professional Responsibility for lawyers and may therefore be disciplined.

This doctrine was enunciated in a recent promulgation by the Supreme Court involving a high-profile
lawyer, Roberto “Argee” Guevarra, in a case filed by an equally high-profile plastic surgeon, Dr.
Victoria “Vicki” Belo.

Finding Guevarra guilty, the high tribunal suspended him from the practice of law for one year with a
stern warning that “a repetition of the same or similar act shall be dealt with more severely.”

The First Division of the SC, chaired by Chief Justice Lourdes Sereno, issued the decision last
December 1, but made it publicly available early this January.

Considering the personalities involved, the case already makes for interesting, if not sensational
reading. Moreover, it illustrates how the Internet — most especially social media — now enjoys
widespread use in the Philippines.

As a result, the SC has now come into the picture to resolve legal disputes involving netizens. The
SC decision sheds early light on the issue of Internet privacy, particularly social media as it applies
to the Philippines. It also indicates that the Philippines is now contributing to the body of legal
jurisprudence worldwide with regard to the impact of the Internet on society.

Guevarra not only is a lawyer, but also a columnist for a major daily newspaper. Moreover, his 2009
Facebook posts, which triggered Belo’s legal complaint against him, stemmed from his acts as legal
counsel for one of her disgruntled patients.
His client had filed a malpractice and estafa complaint against Belo for allegedly botched surgical
procedures on her buttocks in 2002 and 2005.

Belo is known to many Filipinos as a celebrity plastic surgeon who regularly appears on television.
Her beauty tips and skin care advisories have a following among many eager viewers. Her practice
has been such that she now is medical director and principal stockholder of Belo Medical Group.
The corporation operates six clinics that perform plastic surgery procedures.

As lawyer for one of Belo’s disgruntled patients, Guevarra made in 2009 strong and disparaging
remarks on his Facebook page against the plastic surgeon. These were against her as a person
and her alleged malpractices as a doctor.

He likewise declared on his Facebook page that when then-President Gloria Macapagal Arroyo’s
term would be over in 2010, Belo would no longer be a doctor. By that time, she would be facing
criminal charges. Such would result in convictions for criminal negligence and estafa. LATEST POSTS

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This prompted the celebrity to file towards the latter part of 2009 a complaint against Guevarra become law after hurdling bicam
before the Integrated Bar of the Philippines (IBP) and asked for his disbarment. She charged that
his posts against her violated the Code of Professional Responsibility for Filipino lawyers.
Access Point | FoI and ICT policy
She alleged that Guevarra’ posts against her had no justifiable cause and were meant to destroy reforms agenda

her clinic and ruin the medical practice of its 300 employees through the creation of public hatred
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against her.
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incident report to June 30
Other allegations against Guevarra were the following:

• Without proofs or factual basis, he threatened her with criminal conviction


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• Some of his posts were sexist, vulgar, and disrespectful of women agriculture but did not explode
• His attacks were prompted by his P200-million extortion attempts on her as predicted

Responding to her complaint, Guevarra replied her charges violated his constitutional right to Hacker group earning millions
through mining malware
privacy. He also was merely exercising his freedom of speech and expression.
identified

He likewise denied his posts were vulgar and obscene, designed to incite public hatred against her.
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There also was no extortion attempt on his part.
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Guevarra asserted that his posts were private remarks on his private Facebook account. Meant for
his friends only, with Belo not among them. Smartphone shipments in PH
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He said the demand letter — alleged by Belo as an extortion attempt — was a prior requirement for
the filing of an estafa case and civil suit against her. He further asserted that since Belo was a public
figure, his remarks constituted fair comment. Fintech program offers free
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In August 2013, the IBP recommended Guevarra’s suspension for one year for the practice of law. It
said he had 2,000 friends in his account able to read and react to his posts. He, therefore, could not
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invoke in his defense the private nature of his posts. warranty to 4 smartphone
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It also pointed out that the criminal case Guevarra had filed against Belo had been dismissed for
insufficient evidence. Her alleged crimes had not been established and he therefore could not GCash wallets now accept
complain against her on behalf of his client. Western Union money transfers

Late September 2014, the IBP Board of Governors approved the report and recommendation.
Guevarra asked for reconsideration and the board on September 2015 reduced his suspension to MOST VIEWED

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His case was then forwarded to the SC which examined its records. It restored to one year his
suspension even if it concurred with the IBP findings. NPC extends deadline of annual
incident report to June 30

It dismissed as untenable Guevarra’s defense of a violation of his constitutional right to privacy. A


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punctilious examination of his remarks indicated they were done with malice, according to the court. contract with Globe
It said that as with other constitutional rights, freedom of expression is not an absolute right.
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“While the freedom of expression and the right of free speech and of the press are among the most Hacker group earning millions through
mining malware identified
zealously protected rights in the Constitution, every person exercising them, as the Civil Code
stresses, is obliged to act with justice, give everyone his due and observe honesty and good faith,” Access Point | FoI and ICT policy
according to the decision. reforms agenda

It pointed out this freedom could not be availed of to broadcast lies or half truths, insult others, GCash wallets now accept Western
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destroy their names or reputations or bring them into disrepute. On the other hand, Belo’s being a
public figure, did not justify Guevarra’s disrespectful language against her. Globe deactivates 14,013 SIMs for
spam and scam messages
The ponencia also said that “restricting the privacy of one’s posts to ‘Friends Only’ does not
guarantee absolute protection from the prying eyes of another user who does not belong to his Study: Rise in online shopping in PH
driven by mobile devices
circle of friends.” A user’s friend could tag it to others not his friends.
Globe reveals 3 ways to access
The SC noted Guevarra offered no evidence he utilized any of the privacy tools or features of Facebook without charges
Facebook. Thus, his defense was self-serving at best.

It further stated that that Guevarra “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 therefore would have to be
administratively sanctioned. Newsb…
18K likes

“Lawyers may be disciplined 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 the continuance of such privilege,” said the Like Page
decision.
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