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Alcantara vs. Pefianco: Lawyer Conduct Case

Respondent attorney Mariano Pefianco shouted at and scolded another attorney, Ramon Salvani III, in the public attorney's office, causing a commotion. When asked to calm down by the complainant, Antonio Alcantara, who was head of the office, Pefianco continued shouting. Pefianco was found to have violated Canon 8 of the Code of Professional Responsibility requiring courtesy towards fellow lawyers. Pefianco was fined P1,000. In another case, attorney Castro shouted invectives at clerk of court Dallong-Galicinao when denied a request for case records where he was not counsel. Though Castro later apologized, he was still fined

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Sheila Rosette
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126 views2 pages

Alcantara vs. Pefianco: Lawyer Conduct Case

Respondent attorney Mariano Pefianco shouted at and scolded another attorney, Ramon Salvani III, in the public attorney's office, causing a commotion. When asked to calm down by the complainant, Antonio Alcantara, who was head of the office, Pefianco continued shouting. Pefianco was found to have violated Canon 8 of the Code of Professional Responsibility requiring courtesy towards fellow lawyers. Pefianco was fined P1,000. In another case, attorney Castro shouted invectives at clerk of court Dallong-Galicinao when denied a request for case records where he was not counsel. Though Castro later apologized, he was still fined

Uploaded by

Sheila Rosette
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Alcantara vs. Pefianco [A.C. No. 5398.

December 3, 2002]

FACTS:

The complainant, Atty. Antonio A. Alcantara, is the incumbent District Public Attorney of the
Public Attorney’s Office in San Jose, Antique. On May 18, 2000, while Atty. Ramon Salvani III
was conferring with a client in the Public Attorney’s Office (PAO), a woman approached them.
Complainant saw the woman in tears, whereupon he went to the group and suggested that
Atty. Salvani talk with her amicably as a hearing was taking place in another room. Respondent
Atty. Mariano Pefianco stood up and shouted at Atty. Salvani and his client. Complainant said
he was surprised at respondent Pefianco’s outburst and asked him to cool off, but respondent
continued to fulminate at Atty. Salvani. As head of the Office, complainant approached
respondent and asked him to take it easy and leave Atty. Salvani to settle the matter.
Respondent at first listened, but shortly after he again started shouting at and scolding Atty.
Salvani. This caused a commotion in the office.

Respondent later 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.

ISSUE:

Whether or not Atty. Pefianco violated Canon 8 of the Code of Professional Responsibility.

HELD:

YES. Respondent was a imposed fine of P1,000.00.

RATIO:

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.

Respondent ought to have realized that this sort of public behavior can only bring down the
legal profession in the public estimation and erode public respect for it. Whatever moral
righteousness respondent had was negated by the way he chose to express his indignation. An
injustice cannot be righted by another injustice.

Dallong-Galicinao vs. Castro


Facts: Atty. Castro, a private practitioner, went to the office of Atty. Dallong-Galicinao, the clerk
of court of Bambang (Nueva Vizcaya) RTC, to inquire whether the complete records of a civil
case had already been remanded to the court of origin. Atty. Castro was not the counsel of
record of either party in the said civil case. When denied such request, Atty. Castro hurled
invectives at Atty. Dallong-Galicinao which caused the same to file a complaint-affidavit against
the former for unprofessional conduct. Due to Atty. Castro’s public apology, Atty. Dallong-
Galicinao expressed her desire not to appear on the next hearing.

Issue: Whether or not Atty. Castro should be held administratively liable.

Decision: Yes. Not being the counsel of record and there being no authorization from either the
parties to represent them, Atty. Castro has no right to impose his will on the clerk of court.
Although the penalty should be tempered since Atty. Castro apologized and Atty. Dallong-
Galicinao accepted it. This is not to say that Atty. Castro should be absolved of his actuations.
Atty. Castro is ordered fined in the amount of P10,000.00 with a warning that any similar
infractions shall be dealt with more severely.

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