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    Alcantara vs. Pefianco Case Digest

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    Alexis Jay F. Barrios
    This case is pertaining to an attorney who used offensive language and threatening stance against his fellow lawyer.

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    Alcantara vs. Pefianco Case Digest

    Uploaded by

    Alexis Jay F. Barrios
    547 views2 pages
    This case is pertaining to an attorney who used offensive language and threatening stance against his fellow lawyer.

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    © © All Rights Reserved

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    This case is pertaining to an attorney who used offensive language and threatening stance against his fellow lawyer.

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    © All Rights Reserved
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    547 views2 pages

    Alcantara vs. Pefianco Case Digest

    Uploaded by

    Alexis Jay F. Barrios
    This case is pertaining to an attorney who used offensive language and threatening stance against his fellow lawyer.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Alcantara vs. Pefianco, A.C.

    5398,
    3 December 2002, 393 SCRA 247

    Rule 8.01 - No Abusive, Offensive and Improper Language (Topic under the
    course guide)

    Tickler:
    This case is pertaining to an attorney who used offensive language and
    threatening stance against his fellow lawyer.

    Doctrine:
    Canon 8 of the Code of Professional Responsibility admonishes lawyers to
    conduct themselves with courtesy, fairness and candor toward their fellow lawyers.
    Lawyers are duty bound to uphold the dignity of the legal profession. They must act
    honorably, fairly and candidly toward each other and otherwise conduct themselves
    without reproach at all times.

    Facts:
    This is a complaint against Atty. Mariano Pefianco for conduct unbecoming a
    member of the bar for using improper and offensive language and threatening and
    attempting to assault complainant. The complainant, Atty. Antonio A. Alcantara, is the
    incumbent District Public Attorney of the Public Attorney’s Office (PAO) in San Jose,
    Antique. He alleged that while Atty. Ramon Salvani III was having a discussion with a
    client in the PAO, a woman approached them. Complainant suggested Atty. Salvani to
    talk with her when respondent Atty. Mariano Pefianco, who was sitting nearby, stood up
    and shouted at Atty. Salvani and his client. Atty Pefianco was asked to calm down but
    he did not refrain from his outburst. This caused a commotion in the office wherein
    respondent tried to attack complainant and even shouted at him, "You’re stupid!"
    Complainant also submitted the affidavits of Atty. Ramon Salvani III, Felizardo Del
    Rosario, Atty. Pepin Joey Marfil, Robert Minguez, Herbert Ysulat and Ramon Quintayo
    to support his allegations.

    Respondent, in his defense explained and said that he was moved by the plight
    of the woman whose husband had been murdered as she was pleading for the
    settlement of her case because she needed the money. He also averred that it was
    Alcantara who punched him and called him stupid. The Committee on Bar Discipline of
    the IBP found that respondent committed the acts alleged in the complaint and that he
    violated Canon 8 of the Code of Professional Responsibility. The Committee noted that
    respondent failed not only to deny the accusations against him but also to give any
    explanation for his actions. For this reason, it recommended that respondent be
    reprimanded and warned that repetition of the same act will be dealt with more severely
    in the future.

    Issue:
    Whether or not Atty. Pefianco violated Canon 8 of the Code of Professional
    Responsibility.
    Ruling:
    Yes, Atty. Pefianco violated Canon 8 of the Code of Professional Responsibility.

    Under Canon 8 of the Code of Professional Responsibility, it provides that a


    lawyer shall conduct himself with courtesy, fairness and candor towards his professional
    colleagues, and shall avoid harassing tactics against opposing counsel.

    Canon 8 admonishes lawyers to conduct themselves with courtesy, fairness and


    candor toward their fellow lawyers. Lawyers are duty bound to uphold the dignity of the
    legal profession. They must act honorably, fairly and candidly toward each other and
    otherwise conduct themselves without reproach at all times.

    In the case at bar, respondent’s meddling in a matter in which he had no right to


    do so caused the untoward incident. He had no right to demand an explanation from
    Atty. Salvani why the case of the woman had not or could not be settled. Even so, Atty.
    Salvani in fact tried to explain the matter to respondent, but the latter insisted on his
    view about the case. An injustice cannot be righted by another injustice.

    WHEREFORE, Atty. Mariano Pefianco is found GUILTY of violation of Canon 8 of the


    Code of Professional Responsibility and, considering this to be his first offense, is
    hereby FINED in the amount of P1,000.00 and REPRIMANDED with a warning that
    similar action in the future will be sanctioned more severely.

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