The Supreme Court disbars lawyer Berteni Causing, for posting a draft plunder complaint on Facebook in 2019
Written by Mark Fabula
Edited by Rich Tijam
The Supreme Court has again ruled that the "freedom of expression and freedom of the press guaranteed in our Constitution is not absolute, (Belo-Henares vs. Atty. Guevarra). The court has recently ruled a disbarment case against Atty. Berteni Causing for posting a draft plunder complaint on his Facebook account in 2019. The lawyer has admitted that he did it but he justified that he based his allegations on the investigation conducted by the Philippine Center of Investigative Journalism or PCIJ. The Facebook post was named and referred to Miss Jackiya A. Lao as the "Chairman of the Bids and Awards Committee of DSWD Regional Office XII. She handled the bidding, which ended up in favor of the food pack to the Tacurong Fit Mart Inc., which Miss Lao has vehemently opposed the allegations and declared to be very wrong.
Atty. Causing's defamatory post resulted in public hate and ridicule against Miss Lao, which shuttered her reputation and besmirched her good name in the eyes of the social media users at that time that no pending administrative case was filed or pending before the office of the Ombudsman. On January 31, 2019, Atty. Causing wrote his false imputations against Miss Lao and other individuals again when he posted a draft of his complaint-affidavit on his Facebook account.
The Integrated Bar of the Philippines through Investigating Commissioner Atty. Gilbert Mactangay has recommended a six months suspension of the practice of law with a stern warning that the repetition of the same conduct will result in a more severe penalty. The recommendation has reached the Board of Governors of IBP, which modified the penalty to Reprimand, removing the six-month suspension due to Atty. Causing has filed the necessary complaint to the proper legal authorities after his Facebook post.
The Supreme Court has reiterated in Francisco vs. Atty. Real: "The Court, however, does not hesitate to impose the penalty of disbarment when the guilty party has become a repeat offender."
In Velasco vs. Atty Causing, he was disciplined with a one-year suspension from law practice due to his misconduct. This is when he openly published the subject post with photographs of the complainant's petition in the nullity case on Facebook and sent a link to the post to the complainant's son. His defense was also "freedom of expression and of the press," where he only acted as the "spokesperson-lawyer," but the court ruled that it was untenable.
Atty. Causing has violated Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive, or otherwise improper. Of the Code of Professional Responsibility when he accused Miss Lao as a "corrupt official" plundering and stealing around two hundred twenty-six Million funds intended for social services( evacuees).
He also violated the Lawyer's Oath under his responsibility to "conduct myself as a lawyer according to the best of my knowledge and discretion" when he willingly posted his allegations on his Facebook account to spread lies or insult government officials.
In Ong vs. Atty. Unto, the Court has reminded the members of the Bar that "The ethics of the legal profession rightly enjoin lawyers to act with the highest standards of truthfulness, fair play and nobility in the course of his practice of law. A lawyer may be disciplined or suspended for any misconduct, whether in his professional or private capacity. Public confidence in law and lawyers may be eroded by the irresponsible and improper conduct of a member of the Bar. Thus, every lawyer should act and comport himself in such a manner that would promote public confidence in the integrity of the legal profession."
Since the court was aware that Atty. Causing has been previously suspended because of his misconduct. The same complaint has been raised before the court. He admitted that he had done this as a practice of his freedom of expression and the press. The court disagreed.
It has been a well-settled rule that if the member of the Bar becomes a repeat offender, The Court does not hesitate to apply the maximum penalty of disbarment.
Hence, Atty. Causing was found guilty of violating the Lawyer's Oath and Code of Professional Responsibility and therefore disbarred from the practice of law.
Jackiya A. Lao, complainant, vs. Atty. Berteni C. Causing, respondent. (A.C. No. 1 453 - Formerly CBD Case No. 19-5956, October 4, 2022)
Read the full text here: https://bit.ly/LaovsCausing
