SC suspends lawyer for ‘underhanded tactics’ vs Roque
Credit to Author: Tempo Desk| Date: Thu, 31 Jan 2019 08:42:00 +0000
HARRY Roque Jr
THE Supreme Court (SC) has imposed a two-year suspension on a lawyer for his “underhanded tactics” against then presidential spokesman Herminio Harry L. Roque Jr.
Suspended for two years with a “stern warning” was lawyer Rizal P. Balbin on a complaint filed by Roque in 2006.
While the decision written by Associate Justice Estela M. Perlas Bernabe was promulgated on Dec. 4, 2018, details of the ruling was made known only yesterday (January 31) in a press statement issued by the SC’s public information office (PIO). A copy of the decision was not immediately available.
The PIO said that “the SC found Atty. Rizal P. Balbin guilty of violating Canon 8, Canon 11, Canon 12, Rule 12.03, Rule 12.04, Canon 19, and Rule 19.01 of the Code of Professional Responsibility (CPR).”
Aside from the penalty of suspension, “the SC also gave Balbin a stern warning that a repetition of the same or similar acts would be dealt with more severely.”
Citing case records, the PIO statement said that after Roque secured a judgment against Balbin’s client “Balbin made various telephone calls and sent text messages and electronic mails not just to him (Roque), but also to his friends and other clients, threatening to file disbarment and criminal cases against him. Roque further claimed that in view of his ‘high profile status,’ Balbin also threatened to publicize such suits to besmirch him.”
It said “the Integrated Bar of the Philippines Investigating Commissioner found respondent (Balbin) administratively liable and recommended that he be suspended from the practice of law for one year with a warning.”
Aside from upholding the IBP’s recommendation on the suspension, the SC “increased the recommended penalty to two years suspension from the practice of law”, the PIO said.
Quoting from the decision, the PIO said the SC “found Balbin’s underhanded tactics against Roque were in violation of Canon 8 of the CPR which instructs that ‘lawyers should treat their opposing counsels and other lawyers with courtesy, dignity, and civility.’”
The PIO also said:
“The SC found that Balbin’s acts of threatening Roque with the filing of baseless administrative and criminal complaints violated Canon 19 and Rule 19.01 of the CPR providing that lawyers should not threaten to file or file baseless suits as leverage against their adversaries.
“The Court also held that Balbin’s administrative liability was aggravated when he moved for extension of time to file comment to Roque’s complaint but did not file the same, prompting the Court to repeatedly fine him and order his arrest.
“The Court stressed that ‘(s)uch audacity’ not only caused undue delay in the resolution of the administrative case but was in violation of Canon 11, Canon 12, Rule 12.03, and Rule 12.04 of the CPR mandating respect for the courts and compliance with judicial orders, among others.” (Rey Panaligan)