Dear PAO,
I am currently a party in a quasi-judicial case. I represent myself in said case since I was a law student before, so I am confident in handling my case. Unfortunately, the counsel of my opponent has been calling me an “opportunistic fraud” and a “nuisance sidewalk notary public” in her pleadings. She even calls me an “ugly and devious swindler who takes advantage of senile and old women that need to execute affidavits or deeds of sale of dead persons.”
This barrage of constant insults is already affecting my self-esteem and mental health. Please tell me that I can file a complaint against this lawyer.
Xandler-Ping
Dear Xandler-Ping,
Yes, you may file a complaint against this attorney. Philippine lawyers need to conduct themselves with dignity, integrity, and courtesy.
Indeed, the Supreme Court, speaking through Associate Justice Antonio Carpio, in the case of Adelpha E. Malabed v. Atty. Meljohn B. De La Peña (AC 7594, Feb. 9, 2016) said that a lawyer’s use of inappropriate and vulgar words in her pleadings may constitute gross misconduct:
“Respondent is guilty of gross misconduct.
“Using foul language in pleadings
“In his Comment, respondent called complainant's counsel 'silahis by nature and complexion' and accused complainant of 'cohabiting with a married man x x x before the wife of that married man died.' In his Rejoinder, respondent maintained that such language is not foul, but a 'dissertation of truth designed to debunk complainant's and her counsel's credibility in filing the administrative case.'”
We are not convinced. Aside from such language being inappropriate, it is irrelevant to the resolution of this case. While respondent is entitled and very much expected to defend himself with vigor, he must refrain from using improper language in his pleadings. In Saberon v. Larong, we stated:
“x x x [W]hile a lawyer is entitled to present his case with vigor and courage, such enthusiasm does not justify the use of offensive and abusive language. Language abounds with countless possibilities for one to be emphatic but respectful, convincing but not derogatory, illuminating but not offensive.
“On many occasions, the Court has reminded members of the Bar to abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged. In keeping with the dignity of the legal profession, a lawyer’s language even in his pleadings must be dignified.
“For using improper language in his pleadings, respondent violated Rule 8.01 of Canon 8 of the Code of Professional Responsibility which states:
“Rule 8.01 – A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.”
Here, the attorney of the opposing party in your case called you very hurtful things in her pleadings, such as being an “ugly and devious swindler” and an “opportunistic fraud,” words that should not be used by a dignified attorney in her pleadings, and which appear to be unnecessary and irrelevant to advance the cause of her client. As such, this use of vulgar language may constitute gross misconduct, which could end up in a disciplinary sanction against your opponent’s counsel.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
