Topic: Rule 8.

01 - No Abusive and Improper Language

s, A.c. 5768, March 26, 2010, 616 SCRA 529 (2010)

Facts:

Atty. Bonifacio Barando filed an administrative case before the Integrated Bar of the
Philippines Commission on Bar Discipline (IBP CBD) seekings the disbarment,
suspension from the practice of law or imposition of appropriate disciplinary actions
against Atty. Edwin Ferrer, 

Atty. Bonifacio filed a criminal case for liber and grave threats against Atty. Ferrer for
stating invectices, “Laban kung laban, patayan kung patayan, kasama ang lahat ng
pamilya. Wala na palang magaling na abodado dito sa Camarines Norte, and abogado
na rito ay mga taga-Camarines Sur, umuwi na kayo sa Camarines Sur, hindi kayo
taga rito.”

However, Atty. Ferrer contends that Atty. Barando’s criminal case against him came
about because his client filed a case of falsification of public document against Atty.
Barando. Further, his alleged threatening remarks against Atty. Barando, it was done
while the Court is in session. It was improbable for the MTC Daet to not to cite him in
direct contempt for his behavior. 

Issue:

Whether or not Atty. Ferrer is guilty of violating Rule 8.01 of the Code of Professional
Responsibility. 

Ruling:

Yes. 

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

In the case at bar, Atty. Ferrer said, while waiting for the start of hearing, “Laban kung
laban, patayan kung patayan, kasama ang lahat ng pamilya. Wala na palang magaling
na abodado dito sa Camarines Norte, and abogado na rito ay mga taga-Camarines
Sur, umuwi na kayo sa Camarines Sur, hindi kayo taga rito.”

Therefore, Atty. Ferrer is guilty of violating Rule 8.01 of the Code of Professional
Responsibility for the use of intemperate language, which intends to annoy, humiliate,
incriminate and discredit Atty. Barandon in the presence of lawyers, and court
personnel. 

Hence, Atty. Ferrer is suspended to practice law for one year.