SECOND DIVISION

A.C. No. 9834, August 26, 2015

SAMUEL B. ARNADO, Complainant, v. ATTY. HOMOBONO A. ADAZA, Respondent.

DECISION

CARPIO, J.:

The Case

This is an administrative case against Atty. Homobono A. Adaza (respondent) for his failure to comply with the requirements of
the Mandatory Continuing Legal Education (MCLE) under Bar Matter No. 850.

The Antecedent Facts

In a letter, dated 15 March 2013, Atty. Samuel B. Arnado (complainant) called the attention of this Court to the practice of
respondent of indicating "MCLE application for exemption under process" in his pleadings filed in 2009, 2010, 2011, and 2012,
and "MCLE Application for Exemption for Reconsideration" in a pleading filed in 2012. Complainant informed the Court that he
inquired from the MCLE Office about the status of respondent's compliance and received the following Certification, dated 2
January 2013, from Prof. Myrna S. Feliciano (Prof. Feliciano), MCLE's Executive Director:LawlibraryofCRAlaw

This is to certify that per our records, ATTY. HOMOBONO A. ADAZA with Roll Number 14118 of IBP MIS AMIS ORIENTAL
Chapter did not comply with the requirements of Bar Matter [No.] 850 for the following compliance periods:LawlibraryofCRAlaw

a. First Compliance Period (April 15, 2001 -April 14, 2004)

b. Second Compliance Period (April 15, 2004 -April 14, 2007)
c. Third Compliance Period (April 15, 2007 -April 14, 2010)

This is to further certify that Arty. Adaza filed an Application for Exemption from the MCLE requirement on (sic) January 2009
but was DENIED by the MCLE Governing Board on (sic) its January 14, 2009 meeting.1

In its Resolution dated 17 June 2013, the Court referred this case to he MCLE Committee for evaluation, report and
recommendation.

In a letter, dated 5 August 2013, Atty. Jesusa Jean D. Reyes (Atty. Reyes), Assistant Executive Officer of the MCLE Office,
forwarded to the Court the rollo of the case together with the MCLE Governing Board's Evaluation, Report and
Recommendation.2 In its Evaluation, Report and Recommendation3 dated 14 August 2013,4 the MCLE Governing Board, through
retired Supreme Court Associate Justice Bernardo P. Pardo (Justice Pardo), MCLE Chairman, informed the Court that respondent
applied for exemption for the First and Second Compliance Periods covering 15 April 2001 to 14 April 2004 and 15 April 2004 to
14 April 2007, respectively, on the ground of "expertise in law" under Section 3, Rule 7 of Bar Matter No. 850. The MCLE
Governing Board denied the request on 14 January 2009. In the same letter, the MCLE Governing Board noted that respondent
neither applied for exemption nor complied with the Third Compliance period from 15 April 2007 to 14 April 2010.

In its 9 December 2013 Resolution, the Court directed the Second Division Clerk of Court to furnish respondent with
complainant's letter of 15 March 2013. The Court likewise required respondent to file his comment within ten days from notice.

In his Compliance and Comment5 dated 3 February 2014, respondent alleged that he did not receive a copy of the 5 August
2013 letter of Atty. Reyes. He stated that he was wondering why his application for exemption could not be granted. He further
alleged that he did not receive a formal denial of his application for exemption by the MCLE Governing Board, and that the
notice sent by Prof. Feliciano was based on the letter of complainant who belonged to Romualdo and Arnado Law Office, the law
office of his political opponents, the Romualdo family. Respondent alleged that the Romualdo family controlled Camiguin and
had total control of the judges and prosecutors in the province. He further alleged that the law firm had control of the lawyers
in Camiguin except for himself.

Respondent enumerated his achievements as a lawyer and claimed that he had been practicing law for about 50 years. He
stated:LawlibraryofCRAlaw

xxxx

Fifth, with a great degree of immodesty, I was the first outsider of the Supreme Court WHOM PRESIDENT CORAZON C.
AQUINO, offered, immediately after she took over government in February 1986, a seat as Justice of the Supreme Court but I
refused the intended appointment because I did not like some members of the Cory crowd to get me to the SC in an effort to
buy my silence;

Sixth, I almost single-handedly handled the case of CORAZON C. AQUINO in the canvassing of the results of the 1986 snap
elections, DISCUSSING CONSTITUTIONAL and legal issues which finally resulted to the EDSAI revolution;

xxxx

Eighth; I was one of the two lead counsels of now SENATOR MIRIAM DEFENSOR SANTIAGO in the national canvassing before
the National Canvassing Board when she ran for President against then GENERAL FIDEL RAMOS. The other counsel was former
Justice of the Supreme Court SERAFIN CUEVAS;

1
Ninth, I handled the 1987 and 1989 as well as the 2003 COUP CASES for leading generals like ABENINA and COMMENDAOR and
COLONELS like GREGORIO HONASAN as well as the SIX OAKWOOD CAPTAINS, including now SENATOR ANTONIO TRILL ANES;

Tenth, I filed a case with the Supreme Court contesting the constitutionality and validity of the 2010 national elections, still
undecided up to this day;

Eleventh, I filed together with another lawyer, a case in the Supreme Court on the constitutionality and legality of the Corona
impeachment which the SC only decided after the Senate decided his case and former SC Chief Justice Corona conceding to the
decision, thus the SC declaring the case moot and academic;

Twelfth, I have been implementing and interpreting the Constitution and other laws as GOVERNOR OF MISAMIS ORIENTAL,
COMMISSION OF IMMIGRATION and the senior member of the Opposition in the regular Parliament in the Committee on
Revision of Laws and Constitutional Amendments;

Thirteenth, I was the leading Opposition member of Parliament that drafted the Omnibus Election Law;

Fourteenth, I was the leading member of the Opposition in Parliament that prepared and orchestrated the debate in the
complaint for impeachment against PRESIDENT FERDINAND MARCOS;

Fifteenth, I have been practicing law for about fifty years now with appearances before the Supreme Court when Justices were
like Concepcion, Barrera and JBL REYES; in the Court of Appeals; and numerous courts all over the country;

Sixteenth, I have been engaged as lawyer for a number of lawyers who have exemptions from the MCLE;

x x x x6

Respondent further claimed that he had written five books: (1) Leaders From Marcos to Arroyo; (2) Presidentiables and
Emerging Upheavals; (3) Beginning, Hope and Change; (4) Ideas, Principles and Lost Opportunities; and (5) Corona
Impeachment. Thus, he asked for a reconsideration of the notice for him to undergo MCLE. He asked for an exemption from
MCLE compliance, or in the alternative, for him to be allowed to practice law while complying with the MCLE requirements.

In its 2 June 2014 Resolution, the Court referred respondent's Compliance and Comment to the Office of the Bar Confidant
(OBC) for evaluation, report and recommendation.

The Report and Recommendation of the OBC

In its Report and Recommendation dated 25 November 2014, the OBC reported that respondent applied for exemption for the
First and Second Compliance Periods on the ground of expertise in law. The MCLE Governing Board denied the request on 14
January 2009. Prof. Feliciano informed respondent of the denial of his application in a letter dated 1 October 2012. The OBC
reported that according to the MCLE Governing Board, "in order to be exempted (from compliance) pursuant to expertise in
lp.w under Section 3, Rule 7 of Bar Matter No. 850, the applicant must submit sufficient, satisfactory and convincing proof to
establish his expertise in a certain area of law." The OBC reported that respondent failed to meet the requirements necessary
for the exemption.

The OBC reported that this Court requires practicing members of the Bar to indicate in all their pleadings filed with the courts
the counsel's MCLE Certificate of Compliance or Certificate of Exemption pursuant to 6ar Matter No. 1922. The OBC further
reported that the MCLE Office has no record that respondent filed a motion for reconsideration; and thus, his representation in
a pleading that his "MCLE Application for Exemption [is] for Reconsideration" in 2012 is baseless.

The OBC further reported that under Rule 12 of Bar Matter No. 850 and Section 12 of the MCLE Implementing Regulations, non-
compliance with the MCLE requirements shall result to the dismissal of the case and the striking out of the pleadings from the
records.7 The OBC also reported that under Section 12(d) of the MCLE Implementing Regulations, a member of the Bar who
failed to comply with the MCLE requirements is given 60 days from receipt of notification to explain his deficiency or to show his
compliance with the requirements. Section 12(e) also provides that a member who fails to comply within the given period shall
pay a non-compliance fee of PI,000 and shall be listed as a delinquent member of the Integrated Bar of the Philippines (IBP)
upon the recommendation of the MCLE Governing Board. The OBC reported that the Notice of Non-Compliance was sent to
respondent on 13 August 2013. The OBC also reported that on 14 August 2013, the MCLE Governing Board recommended that
cases be filed against respondent in connection with the pleadings he filed without the MCLE compliance/exemption number for
the immediately preceding compliance period and that the pleadings he filed be expunged from the records.

The OBC found that respondent had been remiss in his responsibilities as a lawyer. The OBC stated that respondent's failure to
comply with the MCLE requirements jeopardized the causes of his clients because the pleadings he filed could be stricken off
from the records and considered invalid.

The OBC recommended that respondent be declared a delinquent member of the Bar and guilty of non-compliance with the
MCLE requirements. The OBC further recommended respondent's suspension from the practice of law for six months with a
stern warning that a repetition of the same or similar act in the future will be dealt with more severely. The OBC also
recommended that respondent be directed to comply with the requirements set forth by the MCLE Governing Board.

The Issue

The only issue here is whether respondent is administratively liable for his failure to comply with the MCLE requirements.

The Ruling of this Court

Bar Matter No. 850 requires members of the IBP to undergo continuing legal education "to ensure that throughout their career,
they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice
2
of law."8 The First Compliance Period was from 15 April 2001 to 14 April 2004; the Second Compliance Period was from 15 April
2004 to 14 April 2007; and the Third Compliance Period was from 15 April 2007 to 14 April 2010. Complainant's letter covered
respondent's pleadings filed in 2009, 2010, 2011, and 2012 which means respondent also failed to comply with the MCLE
requirements for the Fourth Compliance Period from 15 April 2010 to 14 April 2013.

The records of the MCLE Office showed that respondent failed to comply with the four compliance periods. The records also
showed that respondent filed an application for exemption only on 5 January 2009. According to the MCLE Governing Board,
respondent's application for exemption covered the First and Second Compliance Periods. Respondent did not apply for
exemption for the Third Compliance Period. The MCLE Governing Board denied respondent's application for exemption on 14
January 2009 on the ground that the application did not meet the requirements of expertise in law under Section 3, Rule 7 of
Bar Matter No. 850. However, the MCLE Office failed to convey the denial of the application for exemption to respondent. The
MCLE Office only informed respondent, through its letter dated 1 October 2012 signed by Prof. Feliciano, when it received
inquiries from complainant, Judge Sinfroso Tabamo, and Camiguin Deputy Provincial Prosecutor Renato A. Abbu on the status of
respondent's MCLE compliance. Respondent filed a motion for reconsideration after one year, or on 23 October 2013, which the
MCLE Governing Board denied with finality on 28 November 2013. The denial of the motion for reconsideration was sent to
respondent in a letter9 dated 29 November 2013, signed by Justice Pardo.

Clearly, respondent had been remiss in his responsibilities by failing to comply with Bar Matter No. 850. His application for
exemption for the First and Second Compliance Periods was filed after the compliance periods had ended. He did not follow-up
the status of his application for exemption. He furnished the Court with his letter dated 7 February 2012 10 to the MCLE Office
asking the office to act on his application for exemption but alleged that his secretary failed to send it to the MCLE Office.11 He
did not comply with the Fourth Compliance Period.

In its 1 October 2012 letter to respondent, the MCLE Office enjoined him to comply with the requirements for the First to Third
Compliance periods. It was reiterated in the 29 November 2013 letter denying respondent's motion for reconsideration of his
application for exemption. The OBC also reported that a Notice of Non-Compliance was sent to respondent on 13 August 2013.
Under Section 12(5) of the MCLE Implementing Regulations, respondent has 60 days from receipt of the notification to comply.
However, in his Compliance and Comment before this Court, respondent stated that because of his involvement in public
interest issues in the country, the earliest that he could comply with Bar Matter No. 850 would be on 10-14 February 2014 and
that he already registered with the MCLE Program of the University of the Philippines (UP) Diliman on those dates.

Section 12(5) of the MCLE Implementing Regulations provides:LawlibraryofCRAlaw

Section 12. Compliance Procedures

xxxx

(5) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE
requirements.

A member failing to comply with the continuing legal education requirement will receive a Non-Compliance Notice stating his
specific deficiency and will be given sixty (60) days from the receipt of the notification to explain the deficiency or otherwise
show compliance with the requirements. Such notice shall be written in capital letters as follows:LawlibraryofCRAlaw

YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE
REQUIREMENT WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE SHALL BE A CAUSE FOR LISTING YOU AS A DELINQUENT
MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS
RECEIVED BY THE MCLE COMMITTEE.

The Member may use the 60-day period to complete his compliance with the MCLE requirement. Credit units earned during this
period may only be counted toward compliance with the prior period requirement unless units in excess of the requirement are
earned in which case the excess may be counted toward meeting the current compliance period requirement.

A member who is in non-compliance at the end of the compliance period shall pay a non-compliance fee of PI,000.00 and shall
be listed as a delinquent member of the IBP by the IBP Board of Governors upon the recommendation of the MCLE Committee,
in which case Rule 13 9-A of the Rules of Court shall apply.

Even if respondent attended the 10-14 February 2014 MCLE Program of UP Diliman, it would only cover his deficiencies for the
First Compliance Period. He is still delinquent for the Second, Third, and Fourth Compliance Periods. The Court has not been
furnished proof of compliance for the First Compliance Period.

The Court notes the lackadaisical attitude of respondent towards Complying with the requirements of Bar Matter No. 850. He
assumed that his application for exemption, filed after the compliance periods, would be granted. He purportedly wrote the
MCLE Office to follow-up the status of his application but claimed that his secretary forgot to send the letter. He now wants the
Court to again reconsider the MCLE Office's denial of his application for exemption when his motion for reconsideration was
already denied with finality by the MCLE Governing Board on 28 November 2013. He had the temerity to inform the Court that
the earliest that he could comply was on 10-14 February 2014, which was beyond the 60-day period required under Section
12(5) of the MCLE Implementing Regulations, and without even indicating when he intended to comply with his deficiencies br
the Second, Third, and Fourth Compliance Periods. Instead, he asked the Court to allow him to continue practicing law while
complying with the MCLE requirements.

The MCLE Office is not without fault in this case. While it acted on respondent's application for exemption on 14 January 2009,
it took the office three years to inform respondent of the denial of his application. The MCLE Office only informed respondent on
1 October 2012 and after it received inquiries regarding the status of respondent's compliance. Hence, during the period when
respondent indicated "MCLE application for exemption under process" in his pleadings, he was not aware of the action of the
MCLE Governing Board on his application for exemption. However, after he had been informed of the denial of his application
for exemption, it still took respondent one year to file a motion for reconsideration. After the denial of his motion for
3
reconsideration, respondent still took, and is still aking, his time to satisfy the requirements of the MCLE. In addition, when
respondent indicated "MCLE Application for Exemption for Reconsideration" in a pleading, he had not filed any motion for
reconsideration before the MCLE Office.

Respondent's failure to comply with the MCLE requirements and disregard of the directives of the MCLE Office warrant his
declaration as a delinquent member of the IBP. While the MCLE Implementing Regulations state that the MCLE Committee
should recommend to the IBP Board of Governors the listing of a lawyer as a delinquent member, there is nothing that prevents
the Court from using its administrative power and supervision to discipline erring lawyers and from directing the IBP Board of
Governors o declare such lawyers as delinquent members of the IBP.

The OBC recommended respondent's suspension from the practice of aw for six months. We agree. In addition, his listing as a
delinquent member pf the IBP is also akin to suspension because he shall not be permitted to practice law until such time as he
submits proof of full compliance to the IBP Board of Governors, and the IBP Board of Governors has notified the MCLE
Committee of his reinstatement, under Section 14 of the MCLE Implementing Regulations. Hence, we deem it proper to declare
respondent as a delinquent member of the IBP and to suspend him from the practice of law for six months or until he has fully
complied with the requirements of the MCLE for the First, Second, Third, and Fourth Compliance Periods, whichever is later, and
he has fully paid the required non-compliance and reinstatement fees.

WHEREFORE, the Court resolves to:LawlibraryofCRAlaw

(1) REMIND the Mandatory Continuing Legal Education Office to promptly act on matters that require its immediate attention,
such as but not limited to applications for exemptions, and to communicate its action to the interested parties within a
reasonable period;

(2) DENY the prayer of Atty. Homobono A. Adaza to be exempted from MCLE compliance as the matter had already been
denied with finality by the MCLE Governing Board on 28 November 2013;

(3) DECLARE Atty. Homobono A. Adaza as a delinquent member of the Integrated Bar of the Philippines and SUSPEND him
from the practice of law for SIX MONTHS, or until he has fully complied with the MCLE requirements for the First, Second,
Third, and Fourth Compliance Periods, whichever is later, and he has fully paid the required non-compliance and reinstatement
fees.

Let a copy of this Decision be attached to Atty. Homobono A. Adaza's personal record in the Office of the Bar Confidant and
copies be furnished to all chapters of the Integrated Bar of the Philippines and to all courts in the land. Let copies be also
furnished the MCLE Office and the IBP Governing Board for their appropriate actions.

SO ORDERED.cralawlawlibrary

FIRST DIVISION

A.C. No. 11394, December 01, 2016

MARIA VICTORIA G. BELO-HENARES, Complainant, v. ATTY. ROBERTO "ARGEE" C. GUEVARRA, Respondent.

DECISION

PERLAS-BERNABE, J.:

The instant administrative case arose from a verified complaint1 for disbarment filed by complainant Maria Victoria G. Belo-
Henares (complainant) against respondent Atty. Roberto "Argee" C. Guevarra (respondent) for alleged violations of Rules 1.01
and 1.02, Canon 1; Rule 7.03, Canon 7; Rule 8.01 of Canon 8; and Rule 19.01, Canon 19 of the Code of Professional
Responsibility.chanroblesvirtuallawlibrary

The Facts

Complainant is the Medical Director and principal stockholder of the Belo Medical Group, Inc. (BMGI), a corporation duly
organized and existing under Philippine laws2 and engaged in the specialized field of cosmetic surgery.3 On the other hand,
respondent is the lawyer of a certain Ms. Josefina "Josie" Norcio (Norcio), who filed criminal cases against complainant for an
allegedly botched surgical procedure on her buttocks in 2002 and 2005, purportedly causing infection and making her ill in
2009.4

In 2009, respondent wrote a series of posts on his Facebook account, a popular online social networking site, insulting and
verbally abusing complainant. His posts include the following excerpts:chanRoblesvirtualLawlibrary
Argee Guevarra Quack Doctor Becky Belo: I am out to get Puwitic Justice here! Kiss My Client's Ass, Belo. Senator
Adel Tamano, don't kiss Belo's ass. Guys and girls, nagiisip na akong tumakbo sa Hanghalan 2010 to Kick some ass!!! I will
launch a national campaign against Plastic Politicians No guns, No goons, No gold - IN GUTS I TRUST!

Argee Guevarra Dr. Vicki Belo, watch out for Josefina Norcio's Big Bang on Friday - You will go down in Medical History as
a QUACK DOCTOR!!!! QUACK QUACK QUACK QUACK. CNN, FOX NEWS, BLOOMBERG, CHICAGO TRIBUNE, L.A. TIMES c/o
my partner in the U.S., Atty. Trixie Cruz-Angeles :) (September 22 at 11:18pm)5

Argee Guevarra is amused by a libel case filed by Vicki Belo against me through her office receptionist in Taytay
4
Rizal. Haaaaay, style-bulok at style-duwag talaga. Lalakarin ng Reyna ng Kaplastikan at Reyna ng Payola ang
kaso... si Imelda Marcos nga sued me for P300 million pesos and ended up apologizing to me, si Belo pa kaya? (September 15
at 12:08pm)6

Argee Guevarra get vicki belo as your client!!! may 'extra-legal' budget yon. Kaya lang, histado ko na kung sino-sino
ang tumatanggap eh, pag nalaman mo, baka bumagsak pa isang ahensya ng gobyerno dito, hahaha (August 9 at 10:31pm)7

Argee Guevarra ATTENTION MGA BATCHMATES SA DOJ: TIMBREHAN NIYO AKO KUNG MAGKANONG PANGSUHOL
NI BELO PARA MADIIN AKO HA???? I just [want] to know how much she hates me, ok? Ang payola budget daw
niya runs into tens of millions.... (September 15 at 3:57pm)8

Argee Guevarra thinks aloud how the payola machinery of vicki belo killed the news of a picket demonstration in
front of the Belo clinic. I wonder how television, print[,] and radio programs can kill the story when the next rallies will have
the following numbers 100, 200, 500 and 1000. Kung magkaasaran pa, 10,000 demonstrators will be assembled in front of the
Belo Medical Clinic at Tomas Morato on July 27, 2009. Hahahahaha! (July 17 at 7:56pm)9

Argee Guevarra Nakakatawa nga, 10milyon pa budget... [I] didn't know that my reputation is worth that much. Aba ako kaya
magdemanda sa kanila :) Ikot-ikot daw ang mga P.R. ni Belo trying to convince editors to pin me down with
something eh alam ko na wala naman akong sex video!!! Adik talaga sa botox si Aling Becky at may tama na sa
utak - eh kung gagastos ka lang ng 10 milyon para sa tirang-pikon laban sa akin at to protect your burak na
reputasyon as a plastic surgeon, i-donate mo na lang yon sa biktima ni Ondoy, Pepeng at Ramil! Yung
mga homeboys ko sa Pasig na nilimas [ni]Ondoy ang kukubra sa yo! (October 23 at 5:31pm)10

Argee Guevarra is inspired by Jose Norio's courageous act of showing her face on national television to expose the Reyna ng
Kaplastikan, Reyna ng Kapalpakan. Inspired by shock nevertheless by the fact that the much needed partial restoration of
her behind would cost a staggering $500,000-$1,000,000 Stanford Medical Hospital and she will still remain permanently
disabled for the rest of her life... (July 11 at 2:08am)11

Argee Guevarra Just got my internet connection. WILL EMAIL U THE LURID UNASSAILABLE FACTS ABOUT VICKI BELO'S
QUACK DOCTORING. (October 27, 2009)12

Argee Guevarra yeah... actually the issue is simple and you will easily see which side you'll be taking- just pay Ms. Josie Norcio
a visit at St. Luke's at talagang binaboy siya ng Reyna ng Kaplastikan (July 10 at 12:08am)13
chanrobleslaw
The complaint further alleged that respondent posted remarks on his Facebook account that were intended to destroy and ruin
BMGI's medical personnel, as well as the entire medical practice of around 300 employees for no fair or justifiable cause, 14 to
wit:chanRoblesvirtualLawlibrary
Argee Guevarra yup... [I'll] even throw the kitchen sink at her. Enjoy nga ito, we will paralyze the operations of all her
clinic and seek out her patients and customers to boycott her. [So] far, good response – 70% decrease in her July
sales... (August 9 at 10:29pm)15

Argee Guevarra Guys, pandemonium has broken loose in [BMGI's] 6 clinics after Ms. Josie Norio's tell-all. With only 2 surgeons
of BMGI certified by PAPRAS, there is real-and-present danger that surgeries like liposuction, nose lift, boob jobs which have
been performed by [BMGI's] physicians, every patient runs the risk of something going wrong with the procedures they have
undergone under [BMGI's] hands:(" (July 12 at 12:21am)16

Argee Guevarra [T]hey perform plastic surgery procedures without licensed and trained doctors, they nearly killed a client of
mine, medical malpractice, use of banned substances/fillers on patients. just recently, in flawless clinic, a patient who had a
simple facial landed in the hospital ... (August 9 at 10:04pm)17

Argee Guevarra braces for typhoon Ramil without forgetting to ask comrades and friends in Cebu to greet Vicki Belo with a
boycott once she visits there on Oct. 20. Cebu's royal set already knows that she is not a certified plastic surgeon: Boycott
Belo, Flawless Reckless, Belat Essentials!!!! (October 18 at 6:23pm)18

Argee Guevarra [W]ell, with all the kababuyan of the Belo clinic, its money-making machines, dapat convert them
into public health clinics!!! instead of pandering to the vanities of those who want to look like Dra. Belo. (July 11 at
2:16am)19

Argee Guevarra darling kellyn, so far, i have 3 other ex-belo patients who will tell all too!!!!! Grabe pala ang mga
kapalpakan niyan. So did u leave Belo Clinic because it has become a Frankenstein Factory? (July 11 at 2:30am)20

Argee Guevarra BOYCOTT BELO! FLAWLESS RECKLESS! BELAT ESSENTIALS!!! I'll be gone for a week to a place where
there will be no facebook so please, add Trixie Cruz-Angeles if you want to find out more about our anti-quack doctor
campaign! (September 24 at 3:00pm)21

Argee Guevarra Anyone care to sponsor T-shirts bearing this slogan? - BOYCOTT BELO! FLAWLESS RECKLESS! BELAT
ESSENTIALS! (September 23 at 12:17arn)22

Argee Guevarra Pare, eksena on Thursday I will go to the hearing with a placard - BOYCOTT BELO!!! FLAWLESS
RECKLESS!!! BELAT ESSENTIALS!!! I will vote for Adel Tamano (La Salle-Ateneo lower batch sa akin at mabuti ang pamilya
niyan)... BUT WOULD YOU??? (September 23 at 1:50am)23

Argee Guevarra advocates a national patients' boycott of the Belo Medical Group. To all my friends and comrades, please stay
away from Belo's clinics. I have 2 cousins and 3 friends already who have canceled their lipo from belo. Please help me
shut down the Belo Medical Group until they perform their moral and legal obligation to Ms. Josie Norcio... (July 17
at 2:12pm)24

5
chanrobleslaw
Moreover, respondent, through his Facebook account, posted remarks that allegedly threatened complainant with criminal
conviction, without factual basis and without proof,25 as follows:chanRoblesvirtualLawlibrary
Argee Guevarra Mr. Jay, by next year- GMA will no longer be president and she will be jailed for plunder; Vicky Belo will no
longer be a doctor and she will be in the middle of a criminal prosecution. The General Surgeon of France will have a
Philippine version. By October and November, some congressmen I have spoken with will be issuing summons to Vicky Belo for
a congressional inquiry; the subject - legislation regulating the practice of cosmetic surgery! (September 22 at 11:31pm)26

Argee Guevarra Celso de1os Angeles can still get medical attention in prison - from Vicky Belo after she gets convicted too
for criminal negligence and estafa (July 15 at 10:05am)27

Argee Guevarra is preparing himself for a campaign against the Belo Medical Group for its criminal negligence which
nearly killed Ms. Josie Norcio over a botched butt augmentation procedure. He found out that the Dr. Belo herself
marketed the product to Ms. Norcio, the operation was carried out by her doctors who were not licensed by the Philippine
Association of Plastic Reconstructive and Aesthetic Surgeons.............. (July 9 at 8:54pm) 28
chanrobleslaw
Complainant likewise averred that some of respondent's Facebook posts were sexist, vulgar, and disrespectful of women,29 to
wit:chanRoblesvirtualLawlibrary
Argee Guevarra but can u help me too with maricar reyes? who's the hottest cebuana chic chick there nowadays? haven't been
there for quite some time... pa-chicks ka naman!!! I'm sure marami kang 25-and-below naprends diyan (August 10 at
8:36pm)30

Argee Guevarra hay joseph!!! how's the gayest lawyer in cebu? our forces will soon picket the belo clinic there, can u tell me
where that is? halato ko na sayo si hayden, promise!" (August 10 at 12:23am)31

Argee Guevarra joseph, i can't say i love u too - baka belo's team will use all sorts of attacks na against me. to thwart them,
being the gayest gay in the philippines, can u issue a certification that i am so not like your type? at yung preferred ko lang
aythin, thalino and thisay? (September 23 at 12:01am)32
chanrobleslaw
Finally, complainant averred that the attacks against her were made with the object to extort money from her, as apparent
from the following reply made by respondent on a comment on his Facebook post:33chanroblesvirtuallawlibrary
Kellyn Conde Sy utang mo! Pay up time:) (July 11 at 2:37am)

Argee Guevarra kellyn, sisingilin ko muna si belo... at saka sabi mo naman, maibagsak ko lang ang kaplastikan ni belo,
quits na tayo ...(July 11 at 2:38am)34
chanrobleslaw
Asserting that the said posts, written in vulgar and obscene language, were designed to inspire public hatred, destroy her
reputation, and to close BMGI and all its clinics, as well as to extort the amount of P200 Million from her as evident from his
demand letter35 dated August 26, 2009, complainant lodged the instant complaint for disbarment against respondent before the
Integrated Bar of the Philippines (IBP), docketed as CBD Case No. 09-2551.

In defense,36 respondent claimed that the complaint was filed in violation of his constitutionally-guaranteed right to
privacy,37 asserting that the posts quoted by complainant were private remarks on his private account on Facebook, meant to
be shared only with his circle of friends of which complainant was not a part.38 He also averred that he wrote the posts in the
exercise of his freedom of speech, and contended that the complaint was filed to derail the criminal cases that his client, Norcio,
had filed against complainant.39 He denied that the remarks were vulgar and obscene, and that he made them in order to
inspire public hatred against complainant.40 He likewise denied that he attempted to extort money from her, explaining that he
sent the demand letter as a requirement prior to the filing of the criminal case for estafa, as well as the civil case for damages
against her. 41 Finally, respondent pointed out that complainant was a public figure who is, therefore, the subject of fair
comment.42

After the mandatory conference had been terminated,43 the parties were directed to file their respective position
papers.44 Thereafter, the IBP, through the Commission on Bar Discipline (CBD), set the case for clarificatory hearing. 45 Upon
termination thereof, the case was deemed submitted for report/recommendation.46

IBP's Report and Recommendation

In its Report and Recommendation47 dated August 13, 2013, the IBP-CBD recommended that respondent be suspended for a
period of one (1) year from the practice of law, with a stem warning that a repetition of the same or similar acts shall be dealt
with more severely.48 It held respondent liable for violation of Rule 7.03,49 Rule 8.01,50 and Rule 19.0151 of the Code of
Professional Responsibility for having posted the above-quoted remarks on his Facebook account, pointing out that respondent
cannot invoke the "private" nature of his posts, considering that he had at least 2,000 "friends" who can read and react thereto.
Moreover, the IBP-CBD maintained that the criminal cases he had filed against complainant on behalf of Norcio had been
dismissed for insufficient evidence; therefore, he can no longer campaign against complainant whose alleged crimes against
Norcio had not been established.52

In a Resolution53 dated September 27, 2014, the IBP Board of Governors resolved to adopt and approve the August 13, 2013
Report and Recommendation of the IBP-CBD.

Respondent moved for reconsideration,54 arguing that there was no specific act attributed to him that would warrant his
suspension from the practice of law. He also averred that the libel cases filed against him by an employee of BMGI had already
been dismissed, without prejudice, for lack of jurisdiction.55

In a Resolution56 dated October 28, 2015, the IBP Board of Governors partially granted respondent's motion, reducing the
penalty from one (1) year to six (6) months suspension.chanroblesvirtuallawlibrary
6
 The Issue Before the Court

The sole issue for the Court's resolution is whether or not respondent should be held administratively liable based on the
allegations of the verified complaint.chanroblesvirtuallawlibrary

The Court's Ruling

The Court has examined the records of this case and concurs with the IBP's findings, except as to the penalty imposed on
respondent.

At the outset, the Court notes that respondent never denied that he posted the purportedly vulgar and obscene remarks about
complainant and BMGI on his Facebook account. In defense, however, he invokes his right to privacy, claiming that they were
"private remarks" on his "private account"57 that can only be viewed by his circle of friends. Thus, when complainant accessed
the same, she violated his constitutionally guaranteed right to privacy.

The defense is untenable.

Facebook is currently the most popular social media site, having surpassed one (1) billion registered accounts and with 1.71
billion monthly active users.58 Social media are web-based platforms that enable online interaction and facilitate users to
generate and share content. There are various classifications59 of social media platforms and one can be classified under the
"social networking sites" such as Facebook.60

Facebook is a "voluntary social network to which members subscribe and submit information. x x x It has a worldwide forum
enabling friends to share information such as thoughts, links, and photographs, with one another."61 Users register at this site,
create a personal profile or an open book of who they are, add other users as friends, and exchange messages, including
automatic notifications when they update their profile. A user can post a statement, a photo, or a video on Facebook, which can
be made visible to anyone, depending on the user's privacy settings.62

To address concerns about privacy, but without defeating its purpose, Facebook was armed with different privacy tools
designed to regulate the accessibility of a user's profile, as well as information uploaded by the user. In H v. W,63 the South
Gauteng High Court of Johannesburg, Republic of South Africa recognized this ability of the users to "customize their privacy
settings," but with the cautionary advice that although Facebook, as stated in its policies, "makes every effort to protect a
user's information, these privacy settings are however not foolproof."64

Consequently, before one can have an expectation of privacy in his or her online social networking activity - in this case,
Facebook - it is first necessary that said user manifests the intention to keep certain posts private, through the employment of
measures to prevent access thereto or to limit its visibility. This intention can materialize in cyberspace through the utilization
of Facebook's privacy tools. In other words, utilization of these privacy tools is the manifestation, in the cyber world, of the
user's invocation of his or her right to informational privacy.65

The bases of the instant complaint are the Facebook posts maligning and insulting complainant, which posts respondent insists
were set to private view. However, the latter has failed to offer evidence that he utilized any of the privacy tools or features of
Facebook available to him to protect his posts, or that he restricted its privacy to a select few. Therefore, without any positive
evidence to corroborate his statement that the subject posts, as well as the comments thereto, were visible only to him and his
circle of friends, respondent's statement is, at best, self-serving, thus deserving scant consideration.66

Moreover, even if the Court were to accept respondent's allegation that his posts were limited to or viewable by his "Friends"
only, there is no assurance that the same - or other digital content that he uploads or publishes on his Facebook profile - will be
safeguarded as within the confines of privacy, in light of the following:chanRoblesvirtualLawlibrary

(1) Facebook "allows the world to be more open and connected by giving its users the tools to interact and share in any
conceivable way";

(2) A good number of Facebook users "befriend" other users who are total strangers;

(3) The sheer number of "Friends" one user has, usually by the hundreds; and

(4) A user's Facebook friend can "share" the former's post, or "tag" others who are not Facebook friends with the former,
despite its being visible only to his or her own Facebook friends.67

chanrobleslaw
Thus, restricting the privacy of one's Facebook posts to "Friends" does not guarantee absolute protection from the prying eyes
of another user who does not belong to one's circle of friends. The user's own Facebook friend can share said content or tag his
or her own Facebook friend thereto, regardless of whether the user tagged by the latter is Facebook friends or not with the
7
former. Also, when the post is shared or when a person is tagged, the respective Facebook friends of the person who shared
the post or who was tagged can view the post, the privacy setting of which was set at "Friends."68 Under the circumstances,
therefore, respondent's claim of violation of right to privacy is negated.

Neither can the Court accept the argument that the subject remarks were written in the exercise of his freedom of speech and
expression.

Time and again, it has been held that the freedom of speech and of expression, like all constitutional freedoms, is not
absolute.69 While the freedom of expression and the right of speech and of the press are among the most 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.70 As such, the constitutional right of freedom of expression may not be availed of
to broadcast lies or half-truths, insult others, destroy their name or reputation or bring them into disrepute. 71

A punctilious scrutiny of the Facebook remarks complained of disclosed that they were ostensibly made with malice tending to
insult and tarnish the reputation of complainant and BMGI. Calling complainant a "quack doctor," "Reyna ng Kaplastikan,"
"Reyna ng Payola," and "Reyna ng Kapalpakan," and insinuating that she has been bribing people to destroy respondent
smacks of bad faith and reveals an intention to besmirch the name and reputation of complainant, as well as BMGI. Respondent
also ascribed criminal negligence upon complainant and BMGI by posting that complainant disfigured ("binaboy") his client
Norcio, labeling BMGI a "Frankenstein Factory," and calling out a boycott of BMGI's services all these despite the pendency of
the criminal cases that Norcio had already filed against complainant. He even threatened complainant with conviction for
criminal negligence and estafa which is contrary to one's obligation "to act with justice."·

In view of the foregoing, respondent's inappropriate and obscene language, and his act of publicly insulting and undermining
the reputation of complainant through the subject Facebook posts are, therefore, in complete and utter violation of the
following provisions in the Code of Professional Responsibility:chanRoblesvirtualLawlibrary
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in
public or private life, behave in a scandalous manner to the discredit of the legal profession.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present,
participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
chanrobleslaw
By posting the subject remarks on Facebook directed at complainant and BMGI, respondent 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 overlooked the fact that he
must behave in a manner befitting of an officer of the court, that is, respectful, firm, and decent. Instead, he acted
inappropriately and rudely; he used words unbecoming of an officer of the law, and conducted himself in an aggressive way by
hurling insults and maligning complainant's and BMGI's reputation.

That complainant is a public figure and/or a celebrity and therefore, a public personage who is exposed to criticism 72 does not
justify respondent's disrespectful language. It is the cardinal condition of all criticism that it shall be bona fide, and shall not
spill over the walls of decency and propriety.73 In this case, respondent's remarks against complainant breached the said walls,
for which reason the former must be administratively sanctioned.

"Lawyers may be disciplined even 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
for continuance of such privilege. When the Code of Professional Responsibility or the Rules of Court speaks of conduct or
misconduct, the reference is not confined to one's behavior exhibited in connection with the performance of lawyers'
professional duties, but also covers any misconduct, which—albeit unrelated to the actual practice of their profession—would
show them to be unfit for the office and unworthy of the privileges which their license and the law invest in
them."74 Accordingly, the Court finds that respondent should be suspended from the practice of law for a period of one (1) year,
as originally recommended by the IBP-CBD, with a stem warning that a repetition of the same or similar act shall be dealt with
more severely.

WHEREFORE, respondent Atty. Roberto "Argee" C. Guevarra is found guilty of violation of Rules 7.03, 8.01, and 19.01 of the
Code of Professional Responsibility. He is hereby SUSPENDED from the practice of law for a period of one (1) year, effective
upon his receipt of this Decision, and is STERNLY WARNED that a repetition of the same or similar acts will be dealt with more
severely.

Let a copy of this Decision be furnished the Office of the Bar Confidant, the Integrated Bar of the Philippines, and the Office of
the Court Administrator for circulation to all the courts.

SO ORDERED.ChanRoblesVirtualawlibrary

THIRD DIVISION

A.C. No. 11494, July 24, 2017

HEIRS OF JUAN DE DIOS E. CARLOS, NAMELY, JENNIFER N. CARLOS, JOCELYN N. CARLOS, JACQUELINE CARLOS-
DOMINGUEZ, JO-ANN CARLOS-TABUTON, JIMMY N. CARLOS, LORNA A. CARLOS, JERUSHA ANN A. CARLOS AND JAN
JOSHUA A. CARLOS, Complainants, v. ATTY. JAIME S. LINSANGAN, Respondent.

DECISION

8
 TIJAM, J.:

Complainants are children of the late Juan De Dios E. Carlos (Juan) who presently seek to disbar respondent Atty. Jaime S.
Linsangan (Atty. Linsangan). Atty. Linsangan acted as counsel for their late father in several cases, one of which involving the
recovery of a parcel of land located in Alabang, Muntinlupa City. Complainants alleged that Atty. Linsangan forced them to sign
pleadings and documents, sold the parcel of land in Alabang, Muntinlupa City in cahoots with complainants' estranged mother,
and evaded payment of income taxes when he divided his share in the subject property as his supposed attorney's fees to his
wife and children, all in violation of his oath as lawyer.

The Facts and Antecedent Proceedings

The parcel of land located in Alabang, Muntilupa City and covered by Transfer Certificate of Title (TCT) No. 139061 with an area
of 12,331 square meters was previously owned by the Spouses Felix and Felipa Carlos. Their son, Teofilo Carlos (Teofilo),
convinced them to transfer said title to his name with a promise to distribute the same to his brothers and sisters. Teofilo
delivered the owner's duplicate copy of the title to his brother, Juan. However, Teofilo sold the entire property to Pedro
Balbanero (Pedro). Pedro, however, failed to pay the agreed installment payments.

For purposes of recovering the subject property from Teofilo (and Teofilo's supposed wife, Felicidad), and from Pedro, Juan
engaged the services of Atty. Linsangan. It appears that Atty. Linsangan, for Juan, filed the following cases: (a) a case1 against
Felicidad which was settled with the latter acknowledging Juan's one-half interest and ownership over the property; (b) a case
against Pedro which was concluded on September 12, 1997; and (c) another case 2 against Felicidad, albeit filed by another
lawyer who acted under the direct control and supervision of Atty. Linsangan. In this case against Felicidad, it appears that the
other half of the property was adjudicated to Juan, as Teofilo's sole heir. Said adjudication was appealed to the CA.3

It further appears that Atty. Linsangan represented Juan in the following cases, likewise all involving the subject property: (a)
an action for partition4 filed by Bernard Rillo against Pedro; (b) an ejectment case5filed by Juan against Pedro; and (c) Juan's
intervention in the case6 between Pedro and Teofilo.

It finally appears that Atty. Linsangan also represented Juan in the certiorari cases and petitions for review filed before the
CA7 and this Court,8 likewise involving the same property.

During the pendency of the above cases, or on September 22, 1997, Atty. Linsangan and Juan executed a Contract for
Professional Services9 enumerating the above cases being handled by Atty. Linsangan for Juan. In said Contract, Atty.
Linsangan and Juan agreed, as follows:chanRoblesvirtualLawlibrary
xxxx

WHEREAS, the Parties have decided to consolidate their agreements in connection with ATTORNEY's engagement as CLIENT's
attorney to recover the subject property;

NOW, THEREFORE, for and in consideration of the foregoing premises, the parties hereto have mutually agreed and bound
themselves as follows:

1. That ATTORNEY shall continue to take all legal steps to recover the 10,000 square meters covered by TCT No. 139061, or
any portion thereof acceptable to CLIENT, through any or all of the Court cases mentioned above, or such other Court cases as
may be necessary;

2. That ATTORNEY shall not enter into any compromise agreement without the written consent of CLIENT. CLIENT may enter
into any compromise agreement only upon consultation with ATTORNEY;

3. That ATTORNEY shall avail of all legal remedies in order to recover the property and shall continue the prosecution of such
remedies to the best of his knowledge, ability, and experience, all within legal and ethical bounds;

4. That CLIENT shall shoulder all necessary and incidental expenses in connection with the said cases;

5. That considering, among others, the extent of services rendered by ATTORNEY; the value of the property sought to be
recovered; the importance of the case to CLIENT; the difficulty of recovery (considering that the Balbanero spouses have a
favorable Court of Appeals['] Decision in C.V. No. 29379, while Felicidad Sandoval's name appears in the TCT No. 139061 as
wife of the registered owner, Teofilo Carlos), the professional ability and experience of ATTORNEY; as well as other
considerations, CLIENT hereby confirms and ratifies that he has agreed and bound himself to pay ATTORNEY a
contingent fee in an amount equivalent to FIFTY PERCENT (50%) of the market value of the property, or portion
thereof, which may be recovered, or the zonal value thereof, whichever is higher.

The said attorney's fees shall become due and payable upon recovery of the property, or any portion thereof, (a) upon finality
of a favorable Court decision, or (b) compromise settlement, whether judicially or extrajudicially, through the execution of any
document acknowledging or transferring CLIENT's rights over the property, or any portion thereof, whether or not through
ATTORNEY's, CLIENT's, or other person's efforts or mediation, or (c) or by any other mode by which CLIENT's interest on the
subject property, or a portion thereof, is recognized, or registered, or transferred to him; or (d) should CLIENT violate this
contract; or (e) should CLIENT terminate ATTORNEY's services without legal or just cause.

6. That CLIENT undertakes and binds himself to pay the said attorney's fees to the following:chanRoblesvirtualLawlibrary
(a) To ATTORNEY himself;
(b) In case of ATTORNEY'S death or disability, to LORNA OBSUNA LINSANGAN;
(c) In case of death or disability of ATTORNEY and LORNA OBSUNA LINSANGAN, jointly and severally, to LAUREN KYRA
LINSANGAN, LORRAINE FREYJA LINSANGAN, and JAMES LORENZ LINSANGAN;
(d) In default of all the [foregoing], to the estate of ATTORNEY.
7. That this Contract shall be binding and enforceable upon CLIENT's heirs, successors-in-interest, administrators, and assigns,
if any.
9
8. That finally, CLIENT hereby authorizes, at ATTORNEY's option, the annotation of this contract on TCT No. 139061 or any
subsequent title which may be issued. (Emphasis supplied)

x x x x10
However, it was not only Juan who went after the property, but also Bernard Rillo and Alicia Carlos, a sister-in-law. The latter
also filed an action11 for recovery of their share and by Compromise Agreement, an area of 2,331 square meters was awarded
in their favor, leaving a 10,000 square meter portion of the property.12

This remaining 10,000 square meter portion was eventually divided in the case filed by Juan against Felicidad (which Atty.
Linsangan admits13 to have filed albeit through another lawyer who acted under his control and supervision), through a
Compromise Agreement wherein 7,500 square meters of the subject property was given to the heirs of Juan while the
remaining 2,500 square meters thereof was given to Felicidad.14 In said Compromise Agreement, the parties likewise agreed to
waive as against each other any and all other claims which each may have against the other, including those pending in the
CA15 and this Court. This Compromise Agreement was approved by the trial court on December 11, 2009. 16

Subsequently, a Supplemental Compromise Agreement17 dated December 16, 2009 was submitted by the heirs of Juan and
Atty. Linsangan, dividing among them the 7,500 square meter-portion of the property as follows: 3,750 square meters to the
heirs of Juan and 3,750 square meters to Atty. Linsangan pursuant to the Contract for Professional Services. In said
Supplemental Compromise Agreement, Atty. Linsangan waived in favor of his wife and children his 3,750 square meter share,
except as to the 250 square meters thereof, as follows:chanRoblesvirtualLawlibrary
(a) To Mrs. Lorna O. Linsangan - 2,000 square meters;
(b) To Lauren Kyra O. Linsangan - 500 square meters;
(c) To Lorraine Freyja O. Linsangan - 500 square meters;
(d) To James Lorenz O. Linsangan - 500 square meters;
(e) To Atty. Jaime S. Linsangan - 250 square meters.18
Said Supplemental Compromise Agreement was likewise approved by the trial court in its Decision19dated December 18, 2009.
There was no mention in the record, however, that the Compromise Agreement and the Supplemental Compromise Agreement
were likewise presented for approval before the several courts where the other cases were pending.

On December 10, 2015, Atty. Linsangan executed a Deed of Absolute Sale 20 with a certain Helen S. Perez (Helen) covering the
entire 12,331 square meters of the subject property for a purchase price of One Hundred Fifty Million Pesos (PhP150,000,000).
Atty. Linsangan sold the entire property using the following:chanRoblesvirtualLawlibrary
1. a Special Power of Attorney21 dated August 26, 2010, executed by his wife Lorna Linsangan, and children, Lauren Kyra O.
Linsangan, Lorraine Freyja O. Linsangan and James Lorenz O. Linsangan to sell their shares in the subject property;

2. a Special Power of Attorney22 dated September 2009, executed by Juan's wife, Bella N. Vda. de Carlos, and their children, Jo-
Ann Carlos Tabuton, Jacqueline Carlos-Dominguez and Jimmy N. Carlos to represent them in all cases involving their interests
and shares in the properties of Juan;

3. a Special Power of Attorney23 dated September 30, 2009 executed by Lorna A. Carlos, Jerusha Ann A. Carlos and Jan Joshua
A. Carlos to represent them in all cases involving their interests and shares in the properties of Juan;

4. a Special Power of Attorney24 dated May 2013 executed by Porfirio C. Rillo and Jose Rillo to sell their shares consisting of 200
square meter portion and 199 square meter portion, respectively, of the subject property;

5. a Special Power of Attorney25 dated October 15, 2009 executed by Jocelyn N. Carlos and Jennifer N. Carlos to represent
them in all cases involving their interests and shares in the properties of Juan;

6. a Special Power of Attorney26 dated May 28, 2010 executed by Bernard Rillo in favor of Alicia D. Carlos to sell his share in the
subject property by virtue of a Compromise Agreement dated September 3, 1987 in the case of Bernard Rillo, et al. vs. Teofilo
Carlos, et al., Civil Case No. 11975, Regional Trial Court of Makati City, Branch CXLIV.
On November 28, 2015, Helen issued several checks27 in varying amounts either made payable to Cash or to Jaime S.
Linsangan or Lorna O. Linsangan and simultaneous thereto, Atty. Linsangan released the owner's duplicate original of TCT No.
139061 to Helen.28 It further appears that in lieu of one check in the amount of PhP2,500,000, Atty. Linsangan received, in
cash, the amounts of PhP2,000,000 on December 4, 2015,29 and PhP500,000 on December 10, 2015,30 from Helen.

Upon learning of the sale, complainants allegedly requested from Atty. Linsangan for their shares in the proceeds and for the
copies of the Special Power of Attorney as well as the case records, but that Atty. Linsangan refused.31 Complainants also
requested from Atty. Linsangan, this time through another lawyer, Atty. Victor D. Aguinaldo, that their shares in the subject
property be at least segregated from the portion sold.32

On August 20, 2016, complainants wrote a letter33 to Atty. Linsangan revoking the Special Power of Attorney which they
executed in the latter's favor. In said letter, complainants accused Atty. Linsangan of conniving with their mother, Bella N. Vda.
De Carlos, in submitting the Compromise Agreement and in selling the subject property. Complainants, however, recognized
Atty. Lisangan's services for which they proposed that the latter be paid on the basis of quantum meruit instead of fifty percent
(50%) of the subject property.34

Subsequently, or in September 2016, complainants filed the instant administrative complaint 35 against Atty. Linsangan accusing
the latter of forcing them to sign pleadings filed in court, copies of which were not furnished them; of selling the subject
property in cahoots with their mother; of evading the payment of income taxes when he apportioned his share in the subject
property to his wife and children.36

By way of Comment,37 Atty. Linsangan avers that the Supplemental Compromise Agreement was never questioned by the
complainants until now38 and that they had never requested for a copy thereof from him. Atty. Linsangan admits that the
subject of the sale with Helen is the property in Alabang, Muntinlupa City and that complainants were not given a share from

10
the payments because such were specifically made applicable to his and his family's share in the subject property only. 39 Atty.
Linsangan also contends that the proposal that he be paid on the basis of quantum meruit is only for the purpose of reducing
his 50% share as stated in the Contract for Professional Services he executed with Juan, so that the balance thereof may
accrue to complainants.40

The Issue

The threshold issue to be resolved is whether respondent is guilty of violating his lawyer's oath.

The Ruling of this Court

After a careful review of the record of the case, the Court finds that respondent committed acts in violation of his oath as an
attorney thereby warranting the Court's exercise of its disciplinary power.

We begin by emphasizing that the practice of law is not a right but a privilege bestowed by the State upon those who show that
they possess, and continue to possess, the qualifications required by law for the conferment of such privilege. 41 Whether or not
a lawyer is still entitled to practice law may be resolved by a proceeding to suspend or disbar him, based on conduct rendering
him unfit to hold a license or to exercise the duties and responsibilities of an attorney. The avowed purpose of suspending or
disbarring an attorney is not to punish the lawyer, but to remove from the profession a person whose misconduct has proved
him unfit to be entrusted with the duties and responsibilities belonging to an office of an attorney, and thus to protect the public
and those charged with the administration of justice.42 The lawyer's oath is a source of obligations and its violation is a ground
for suspension, disbarment or other disciplinary action.43

The record shows and Atty. Linsangan does not deny, that while the cases involving the subject property were still pending
resolution and final determination, Atty. Linsangan entered into a Contract for Professional Services with Juan wherein his
attorney's fees shall be that equivalent to 50% of the value of the property, or a portion thereof, that may be recovered. It is
likewise not denied by Atty. Linsangan that he apportioned upon himself, and to his wife and children, half of the property
awarded to complainants as heirs of Juan, through a Supplemental Compromise Agreement. Similarly, such Supplemental
Compromise Agreement was entered into by Atty. Linsangan and the heirs of Juan concurrently with the pendency of several
cases before the CA and this Court44 involving the very same property. What is more, Atty. Linsangan, probably anticipating
that he may be charged of having undue interest over his client's property in litigation, caused another lawyer to appear but all
the while making it absolutely clear to Juan that the latter's appearance was nevertheless under Atty. Linsangan's "direct
control and supervision."

Plainly, these acts are in direct contravention of Article 1491(5)45 of the Civil Code which forbids lawyers from acquiring, by
purchase or assignment, the property that has been the subject of litigation in which they have taken part by virtue of their
profession. While Canon 10 of the old Canons of Professional Ethics, which states that "[t]he lawyer should not purchase any
interests in the subject matter of the litigation which he is conducting," is no longer reproduced in the new Code of Professional
Responsibility (CPR), such proscription still applies considering that Canon I of the CPR is clear in requiring that "a lawyer shall
uphold the Constitution, obey the laws of the land and promote respect for law and legal process" and Rule 138, Sec. 3 which
requires every lawyer to take an oath to "obey the laws as well as the legal orders of the duly constituted authorities
therein."46 Here, the law transgressed by Atty. Linsangan is Article 1491(5) of the Civil Code, in violation of his lawyer's oath.

While jurisprudence provides an exception to the above proscription, i.e., if the payment of contingent fee is not made during
the pendency of the litigation involving the client's property but only after the judgment has been rendered in the case handled
by the lawyer,47 such is not applicable to the instant case. To reiterate, the transfer to Atty. Linsangan was made while the
subject property was still under litigation, or at least concurrently with the pendency of the certiorari proceedings in the CA and
the petitions for review in this Court.48 As mentioned, there was nothing in the record which would show that these cases were
likewise dismissed with finality either before the execution of, or by virtue of, the Compromise Agreement and the
Supplemental Compromise Agreement between complainants and Atty. Linsangan.

What is more, Atty. Linsangan, at the guise of merely waiving portions of the subject property in favor of his wife and children,
actually divided his attorney's fee with persons who are not licensed to practice law in contravention of Rule 9.02, 49 Canon
950 of the CPR.

Another misconduct committed by Atty. Linsangan was his act of selling the entire 12,331 square meters property and making
it appear that he was specifically authorized to do so by complainants as well as by the other persons 51 to whom portions of the
property had been previously adjudicated. However, a perusal of the supposed Special Power of Attorney attached to the Deed
of Absolute Sale, save for that executed by his wife and children, only authorizes Atty. Linsangan to represent complainants in
the litigation of cases involving Juan's properties. Nothing in said Special Power of Attorney authorizes Atty. Linsangan to sell
the entire property including complainants' undivided share therein.

Atty. Linsangan's reasoning that he only took it upon himself to sell the property because complainants were unfamiliar with
real estate transactions does not exculpate him from liability. If indeed that were the case, then it is incumbent upon Atty.
Linsangan to make it clear to the complainants that he was acting in such capacity and not as their lawyer. 52 But even this,
Atty. Linsangan failed to do.

Worse, Atty. Linsangan does not deny having received the downpayment for the property from Helen. Atty. Linsangan does not
also deny failing to give complainants' share for the reason that he applied said payment as his share in the property. In so
doing, Atty. Linsangan determined all by himself that the downpayment accrues to him and immediately appropriated the
same, without the knowledge and consent of the complainants. Such act constitutes a breach of his client's trust and a violation
of Canon 1653 of the CPR. Indeed, a lawyer is not entitled to unilaterally appropriate his client's money for himself by the mere
fact that the client owes him attorneys fees.54 The failure of an attorney to return the client's money upon demand gives rise to
the presumption that he has misappropriated it for his own use to the prejudice and violation of the general morality, as well as
of professional ethics; it also impairs public confidence in the legal profession and deserves punishment. In short, a lawyer's
unjustified withholding of money belonging to his client, as in this case, warrants the imposition of disciplinary action.55

11
Pointedly, the relationship of attorney and client has consistently been treated as one of special trust and confidence. An
attorney must therefore exercise utmost good faith and fairness in all his relationship with his client. Measured against this
standard, respondent's act clearly fell short and had, in fact, placed his personal interest above that of his clients. Considering
the foregoing violations of his lawyer's oath, Article 1491(5) of the Civil Code, Rule 9.02, Canon 9, and Canon 16 of the CPR,
the Court deems it appropriate to impose upon respondent the penalty of six (6) months suspension from the practice of law. 56

WHEREFORE, We find Atty. Jaime S. Linsangan LIABLE for violations of his lawyer's oath, Article 1491(5) of the Civil Code,
Rule 9.02, Canon 9, and Canon 16 of the Code of Professional Responsibility and he is hereby SUSPENDED from the practice of
law for SIX (6) months effective from the date of his receipt of this Decision. Let copies of this Decision be circulated to all
courts of the country for their information and guidance, and spread in the personal record of Atty. Linsangan.

SO ORDERED.

EN BANC

October 3, 2017

A.C. No. 11754

JOAQUIN G. BONIFACIO, Complainant

vs.
ATTY. EDGARDO O. ERA and ATTY. DIANE KAREN B. BRAGAS, Respondents

DECISION

TIJAM, J.:

This administrative case arose from a verified Affidavit-Complaint1 filed before the Integrated Bar of the Philippines (IBP) by complainant Joaquin
G. Bonifacio (Bonifacio) against respondents Atty. Edgardo O. Era (Atty. Era) and Atty. Diane Karen B. Bragas (Atty. Bragas) for violating the
Code of Professional Responsibility (CPR).

The Facts

Sometime in 2003, an illegal dismissal case was lodged against Bonifacio and his company, Solid Engine Rebuilders Corporation entitled Gil
Abucejo, Edgar Besmano, Efren Sager, Darlito Sosa, Gerardo G. Talosa, and Salvador Villanueva v. Solid Engine Rebuilders Corporation and/or
Joaquin G. Bonifacio, docketed as NLRC NCR Case No. 00-05- 05953-03. Complainants therein (Abucejon Group) were represented by Era and
Associates Law Office through Atty. Era.2

On June 15, 2004, the Labor Arbiter found Bonifacio and the corporation liable for illegal dismissal and, consequently, ordered them to pay
Abucejo Group their separation pay, full backwages and pro-rated 13th month pay. More specifically, Bonifacio and his corporation were ordered
to pay a partially computed amount of ₱674,128 for the separation pay and full backwages, and ₱16,050.65 for the 13th month pay.3 Bonifacio
and the corporation brought their case up to the Supreme Court but they suffered the same fate as their appeals and motions were decided
against them.4

Thus, on January 26, 2006, a Writ of Execution 5 was issued to implement the June 15, 2004 Decision. A Notice of Garnishment dated February 6,
2006 was likewise issued.6 Two alias writs dated May 8, 20087 and April 16, 20138were later on issued, directing the sheriff to collect the sum of
₱4,012,166.43, representing the judgment award plus interest and attorney's fees.

Meanwhile, an administrative complaint was filed against Atty. Era for representing conflicting interests entitled Ferdinand A. Samson v. Atty.
Edgardo 0. Era, docketed as A.C. No. 6664.9 In a July 16, 2013 Decision, this Court found Atty. Era guilty of the charge and imposed the penalty
of suspension from the practice of law for two years, the dispositive portion of which reads:

WHEREFORE, the Court FINDS and PRONOUNCES Atty. EDGARDO O. ERA guilty of violating Rule 15.03 of Canon 15, and Canon 17 of the
Code of Professional Responsibility; and SUSPENDS him from the practice of law for two years effective upon his receipt of this decision, with a
warning that his commission of a similar offense will be dealt with more severely.

Let copies of this decision be included in the personal record of Atty. EDGARDO O. ERA and entered m [sic] his file in the Office of the Bar
Confidant.

Let copies of this decision be disseminated to all lower courts by the Office of the Court Administrator, as well as to the Integrated Bar of the
Philippines for its guidance.

SO ORDERED.10

On November 28, 2013, the scheduled public auction over Bonifacio's and/or the corporation's properties in the business establishment was
conducted to implement the alias writ. Atty. Era actively participated therein. He attended the public auction and tendered a bid for his clients who
were declared the highest bidders. On the same day, a certificate of sale was issued, which Atty. Era presented to the corporation's officers and
employees who were there at that time. Armed with such documents, Atty. Era led the pulling out of the subject properties but eventually stopped
to negotiate with Bonifacio's children for the payment of the judgment award instead of pulling out the auctioned properties. Atty. Era summoned
Bonifacio's children to continue with the negotiation in his law office. On behalf of his clients, their counter-offer for the satisfaction of the judgment
award went from ₱6 Million to ₱9 Million.11

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As the parties were not able to settle, on December 3, 2013, Attys. Era and Bragas went back to Bonifacio's business establishment together with
their clients and several men, and forced open the establishment to pull out the auctioned properties. This was evidenced by the videos presented
by Bonifacio in the instant administrative complaint. 12

This prompted Bonifacio to file a criminal complaint for malicious mischief, robbery, and trespassing with the Office of the City Prosecutor, Pasay
City. In its Resolution13 dated March 31, 2014, the Office of the City Prosecutor found probable cause to indict Attys. Era and Bragas for grave
coercion.14

Meanwhile, Atty. Era's name remains to appear in pleadings filed before the NLRC and this Court sometime in February and April, 2014 with
regard to the subject labor case.15

On August 8, 2014, Bonifacio filed the instant administrative complaint. 16

In their Answer,17 Attys. Era and Bragas alleged that Bonifacio has no personal knowledge as to what transpired on November 28, 2013 and
December 3, 2013 as the latter was not present therein at that time. 18 Hence, his allegations of force, threat, and intimidation in the execution of
the judgment is without basis.19 In his defense, Atty. Era further argued that he did not violate the Court's order of suspension from the practice of
law as he merely acted as his clients' attorney-in-fact pursuant to a Special Power of Attomey20 (SPA) dated May 3, 2006. It is Atty. Era's theory
that with such SP A, he was not engaged in the practice of law in representing his clients in the implementation of the alias writ. He added that he
never signed any document or pleading on behalf of his clients during his suspension. For Atty. Bragas, being an associate of Era and Associates
Law Firm, she was merely representing the Abucejo Group as said law firm's clients. Anent the Php 6 Million to 9 Million counter-offer that they
made, Attys. Era and Bragas explained that the parties were still on negotiation, hence, both parties are free to have their own computations,
which they could respectively accept or otherwise. 21

In his Report and Recommendation22 dated March 17, 2015, Investigating Commissioner Jose Villanueva Cabrera recommended the dismissal of
the instant administrative complaint for insufficiency of evidence.

The Investigating Commissioner found nothing wrong with the indication of a suspended lawyer's name in a pleading considering that the same
was not signed by the latter. There was also no proof that a pleading was prepared by Atty. Era. On the other hand, there was no impediment
against Atty. Bragas to sign the pleadings. There was also no proof that in doing so, Atty. Bragas was assisting suspended Atty. Era in filing a
pleading. Neither the presence of Atty. Era during the public auction and the negotiations was an implication or proof that Atty. Era was engaging
in the practice of law during his suspension. According to the Investigating Commissioner, anybody, not exclusively lawyers, can be present at an
auction sale or negotiation.

As to whether Attys. Era and Bragas violated any rules/laws in the implementation of the judgment by using force, threat, and intimidation, the
Investigating Commissioner noted that complainant contradicted such imputations by filing the following pleadings, to wit: (1) a Motion to Close
and Terminate Case23 dated December 18, 2013, acknowledging the full satisfaction of the judgment award and even prayed for Attys. Era and
Bragas' clients to take possession of the remaining machines in his business establishment; (2) a Manifestation 24 dated March 12, 2014, wherein
complainant stated that he has surrendered the vehicles listed in the certificate of sale; (3) an Omnibus Motion with Entry of Appearance (Motion
to Withdraw and Motion to Reiterate Motion to Close and Terminate Case and release of TRO Bond 25 dated February 4, 2014; (4) A Motion for
Consignation with Motion to Lift Levy26 dated October 29, 2014; and (5) a Motion to Withdraw Complaint27 dated December 10, 2013 on the
criminal case for Malicious Mischief, Robbery, and Trespassing against Attys. Era and Bragas. In fine, the Investigating Commissioner ratiocinated
that in acknowledging the satisfaction of the judgment in the labor case and withdrawing the criminal case that he filed against Attys. Era and
Bragas with regard to the implementation of the said judgment, complainant contradicted and demolished his own allegation that the satisfaction of
the judgment was improperly and unlawfully implemented.28

Thus, the Investigating Commissioner recommended that the administrative charges against Attys. Era and Bragas be dismissed for insufficiency
of evidence.29

The IBP Board of Governors (Board), in its Resolution No. XXI- 2015-27030 dated April 18, 2015 reversed and set aside the Investigating
Commissioner's findings and conclusions:

RESOLUTION No. XXI-2015-270 CBD Case No. 14-4300 Joaquin G. Bonifacio vs. Atty. Edgardo O. Era and Atty. Diane Karen B. Bragas

RESOLVED to REVERSE as it is hereby REVERSED and SET ASIDE, the Report and Recommendation of the Investigating Commissioner in the
above-entitled case, herein made part of this Resolution as Annex "A", and considering Atty. Era's continuedengagement in the practice of law
during the period of his suspension by admittedly participating in the negotiation for the payment of money judgment including pegging of interest
he acted as his clients advocate instead as an agent in view of the presence also of his client in the negotiation, for holding office and admittedly
summoned the complainant's children to determine the money judgment. Hence, Atty. Edgardo O. Era is hereby SUSPENDED from the practice of
law for three (3) years.

RESOLVED FURTHER, for her assistance in the unauthorized practice of law of Atty. Edgardo O. Era, Atty. Diane Karen B. Bragas is hereby
SUSPENDED from the practice of law for one (1) month.

In its Extended Resolution31 dated October 17, 2016, the IBP Board of Governors found Atty. Era's argument that he merely acted pursuant to an
SP A given to him untenable. The Board explained that the invoked SP A gave Atty. Era the authority to appear and represent the Abucejo Group
only on the May 4, 2006 auction and did not include the November 28, 2013 auction. Also, while he was authorized to receive payment on behalf
of his clients, the SP A specifically stated that said payments should be made in the form of checks and not machinery or property. Thus, Atty. Era
had no authority under the SP A to represent his clients during the November 28, 2013 auction and to pull out and receive the corporation's
machines as payment of the judgment award. At any rate, according to the Board, Atty. Era's clients relied on his legal knowledge in having the
judgment award satisfied. Clearly, Atty. Era violated Section 28, 32 Rule 138 of the Rules of Court.33

Corollary to this, the Board also found Atty. Bragas liable for allowing and assisting Atty. Era to engage in an unauthorized practice of law. The
Board concluded that Atty. Bragas ought to know that Atty. Era's acts during the satisfaction of the alias writ could be performed only by a member
of the bar in good standing.34

Pursuant to Section 12(b),35 Rule 139-B of the Rules, the records of the instant case were transmitted to this Court.

13
No motion for reconsideration or petition for review was filed by either party as of June 29, 2017.

Necessarily, the Court will now proceed to give its final action on the instant administrative case, the issues being: (1) Did Atty. Era engage in the
practice of law during his suspension therefrom that would warrant another disciplinary action against him?; and (2) In the affirmative, is Atty.
Bragas guilty of directly or indirectly assisting Atty. Era in his illegal practice of law that would likewise warrant this Court's exercise of its
disciplining authority against her?

We sustain the findings and recommendations of the Board of Governors.

Atty. Era's acts constituted ''practice of law".

On this matter, Our pronouncement in the landmark case of Renato L. Cayetano v. Christian Monsod, et. al. 36 is on point. Thus, We quote herein
the relevant portions of the said Decision, viz.:

Black defines "practice of law" as:

"The rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his
consent. It is not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and
other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal
advice to clients. It embraces all advice to clients and all actions taken for them in matters connected with the law. An attorney engages in the
practice of law by maintaining an office where he is held out to be an attorney, using a letterhead describing himself as an attorney, counseling
clients in legal matters, negotiating with opposing counsel about pending litigation, and fixing and collecting fees for services rendered by his
associate." (Black's Law Dictionary, 3rd ed.)

The practice of law is not limited to the conduct of cases in court. (Land Title Abstract and Trust Co. v. Dworken, 129 Ohio St. 23, 193 N .E. 650) A
person is also considered to be in the practice of law when he:

"xxx for valuable consideration engages in the business of advising person, firms, associations or corporations as to their rights under the law, or
appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body,
committee, or commission constituted by law or authorized to settle controversies and there, in such representative capacity performs any act or
acts for the purpose of obtaining or defending the rights of their clients under the law. Otherwise stated, one who, in a representative capacity,
engages in the business of advising clients as to their rights under the law, or while so engaged performs any act or acts either in court
or outside of court for that purpose, is engaged in the practice of law." (State ex. rel. Mckittrick v. CS. Dudley and Co., 102 S.W. 2d 895, 340
Mo. 852).

This Court in the case of Philippine Lawyers Association v. Agrava, (105 Phil. 173, 176-177) stated:

"The practice of law is not limited to the conduct of cases or litigation in court; it embraces the preparation of pleadings and other papers incident
to actions and special proceedings, the management of such actions and proceedings on behalf of clients before judges and courts, and in
addition, conveying. In general, all advice to clients, and all action taken for them in matters connected with the law incorporation services,
assessment and condemnation services contemplating an appearance before a judicial body, the foreclosure of a mortgage, enforcement of a
creditor's claim in bankruptcy and insolvency proceedings, and conducting proceedings in attachment, and in matters of estate and
guardianship have been held to constitute law practice, as do the preparation and drafting of legal instruments, where the work done involves
the determination by the trained legal mind of the legal effect of facts and conditions." (5 Am. Jur. pp. 262, 263).

xxxx

The University of the Philippines Law Center in conducting orientation briefing for new lawyers (1974-1975) listed the dimensions of the practice of
law in even broader terms as advocacy, counselling and public service.

"One may be a practicing attorney in following any line of employment in the profession. If what he does exacts knowledge of the law and is of a
kind usual for attorneys engaging in the active practice of their profession, and he follows some one or more lines of employment such as this he is
a practicing attorney at law within the meaning of the statute." (Barr v. Cardell, 155 NW 312)

Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and
experience.1âwphi1 "To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice
law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill." (111 ALR
23)37 (Emphasis supplied)

In Atty. Edita Noe-Lacsamana v. Atty. Yolando F. Bustamante,38We succinctly ruled that the term practice of law implies customarily or habitually
holding oneself out to the public as a lawyer for compensation as a source of livelihood or in consideration of services. Holding one's self out as a
lawyer may be shown by acts indicative of that purpose, such as identifying oneself as an attorney, appearing in court in representation of a client,
or associating oneself as a partner of a law office for the general practice of law.39

In this case, it is undisputed that Atty. Era committed the following acts: (1) appeared on behalf of his winning clients in the public auction of the
condemned properties; (2) tendered bid in the auction for his clients; (3) secured the certificate of sale and presented the said document to the
corporation's officers and employees present in the premises at that time; (4) insisted that his clients are now the new owners of the subject
properties, hence, should be allowed entry in the premises; (5) initiated the pull out of the properties; and (6) negotiated with Bonifacio's children in
his law office as regards the payment of the judgment award with interest instead of pulling out the properties. 40

It is true that being present in an auction sale and negotiating matters relating to the same may not be exclusively for lawyers, as opined by the
Investigating Commissioner. However, in this case, as aptly put by the Board in its Resolution, Atty. Era's acts clearly involved the determination
by a trained legal mind of the legal effects and consequences of each course of action in the satisfaction of the judgment award. 41 Precisely, this is
why his clients chose Atty. Era to represent them in the public auction and in any negotiation/settlement with the corporation arising from the labor
case as stated in the SPA being invoked by Atty. Era.42 Such trained legal mind is what his clients were relying upon in seeking redress for their
claims. This is evident from the fact that they agreed not to enter into any amicable settlement without the prior written consent of Atty. Era, the
14
latter being their lawyer.43 It could readily be seen that the said SPA was executed by reason of Atty. Era being their legal counsel. Thus, We are
one with the Board's submission that the said SPA cannot be invoked to support Atty. Era's claim that he was not engaged in the practice of law in
performing the acts above-cited as such SP A cunningly undermines the suspension ordered by this Court against Atty. Era, which We cannot
countenance.

Atty. Era was engaged in an unauthorized practice of law during his suspension

As mentioned, Atty. Era was suspended from the practice of law for a period of two years in this Court's Decision dated July 16, 2013. He
performed the above-cited acts on the same year, specifically November to December 2013. Indubitably, Atty. Era was engaged in an
unauthorized law practice.

Atty. Era's acts constitute willful disobedience of the lawful order of this Court, which under Section 27, 44 Rule 138 of the Rules of Court is a
sufficient cause for suspension or disbarment. Further, Atty. Era's intentional maneuver to circumvent the suspension order not only reflects his
insubordination to authority but also his disrespect to this Court's lawful order which warrants reproach. Members of the bar, above anyone else,
are called upon to obey court orders and processes.45 Graver responsibility is imposed upon a lawyer than any other to uphold the integrity of the
courts and to show respect to their processes.46

This case is not novel. We had previously disciplined erring lawyers who continue in their practice despite being suspended by the Court.
In Rodrigo A. Molina v. Atty. Ceferino R. Magat,47this Court suspended Atty. Magat from the practice of law for practicing his profession despite
this Court's previous order of suspension. Likewise in another case, We suspended a lawyer for continuing in her practice despite the clear
language of this Court's suspension order.48

In view of the foregoing, We agree with the Board of Governors' Resolution, finding Atty. Era guilty of willfully disobeying the lawful order of this
Court warranting the exercise of Our disciplining authority. We also adopt the Board's recommendation as to the penalty to be imposed upon Atty.
Era, i.e., three years suspension from the practice of law, taking into account that this is his second infraction.

Atty. Bragas is guilty of assisting Atty. Era in his unauthorized practice of law and, thus, must likewise be reproved.

There is no question that Atty. Bragas has knowledge of Atty. Era's suspension from the practice of law and yet, she allowed herself to participate
in Atty. Era's unauthorized practice. Clearly, Atty. Bragas violated the CPR, specifically:

CANON 9 - A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Indeed, it is a lawyer's duty to prevent, or at the very least not to assist in, the unauthorized practice of law. Such duty is founded upon public
interest and policy, which requires that law practice be limited only to individuals found duly qualified in education and character.49

As correctly observed by the Board, Atty. Bragas ought to know that Atty. Era's acts constitutive of law practice could be performed only by a
member of the Bar in good standing, which Atty. Era was not at that time. Hence, she should have not participated to such transgression.

Being an associate in Atty. Era's law firm cannot be used to circumvent the suspension order. The factual circumstances of the case clearly shows
that Atty. Bragas did not act to replace Atty. Era as counsel for his and/or the law firm's clients during the latter's suspension. Atty. Bragas merely
assisted Atty. Era, who admittedly was the one actively performing all acts pertaining to the labor case he was handling.

Considering the foregoing, We also adopt the Board's recommendation as regards Atty. Bragas' guilt in the violation of the CPR.

WHEREFORE, premises considered, Atty. Edgardo O. Era is found GUILTY of willfully disobeying this Court's lawful order and is
hereby SUSPENDED from the practice of law for a period of three (3) years, while Atty. Diane Karen B. Bragas is likewise found GUILTY of
violating CANON 9 of the Code of Professional Responsibility and is hereby SUSPENDED from the practice of law for one (1) month, effective
immediately from receipt of this Decision. Also, both Attys. Era and Bragas are WARNED that a repetition of the same or similar offense, or a
commission of another offense will warrant a more severe penalty.

Let a copy of this Decision be entered in the personal records of respondents as members of the Bar, and copies furnished the Office of the Bar
Confidant, the Integrated Bar of the Philippines, and the Office of the Court Administrator for circulation to all courts in the country.

SO ORDERED.

15