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DECISION
CARPIO-MORALES , J : p
In a Complaint 1 led before the O ce of the Bar Con dant, this Court,
complainant Jose C. Saberon (complainant) charged Atty. Fernando T. Larong
(respondent) of grave misconduct for allegedly using abusive and offensive language in
pleadings filed before the Bangko Sentral ng Pilipinas (BSP).
The antecedent facts of the case are as follows:
Complainant led before the BSP a Petition 2 against Surigaonon Rural Banking
Corporation (the bank) and Alfredo Tan Bonpin (Bonpin), whose family comprises the
majority stockholders of the bank, for cancellation of the bank's registration and
franchise. The Petition, he said, arose from the bank's and/or Bonpin's refusal to return
various checks and land titles, which were given to secure a loan obtained by his
(complainant's) wife, despite alleged full payment of the loan and interests.
Respondent, in-house counsel and acting corporate secretary of the bank, led
an Answer with Affirmative Defenses 3 to the Petition stating, inter alia,
5. That this is another in the series of blackmail suits led by
plaintiff [herein complainant Jose C. Saberon] and his wife to coerce the Bank
and Mr. Bonpin for financial gain —
1. Rollo, pp. 1-5. Filed before the Office of the Bar Confidant on September 22, 2004.
2. Id. at 6-11.
3. Id. at 12-19.
4. Id. at 13; p. 2 of the Answer.
5. Id. at 26-35. Denominated as "Traverse to Reply", the rejoinder stated on paragraph 4, as
follows:
4. Most notably, after Respondents revealed that the instant Petition is a
mere ruse employed by Petitioner to blackmail the former for nancial gain
and after ample showing that this action is baseless and fruitless, petitioner, nding his
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foot in his mouth, now changes gear and goes amuck by raising new matters purely
extraneous to his original cause of action . . . . (Emphasis supplied)
6. Id. at 40-47. Filed before the OBC on February 1, 2005.
7. Id. at 192.
8. Id. at 187-190.
9. Canon 15 - A lawyer shall observe candor, fairness and loyalty in all his dealings and
transactions with his clients.
10. Rollo, p. 186.
11. Id. at 185.
12. Section 2 (c) of Rule 139-B of the Revised Rules of Court, provides:
(c) If the respondent is exonerated by the Board or the disciplinary sanction
imposed by it is less than suspension or disbarment (such as admonition, reprimand or
ne) it shall issue a decision exonerating respondent or imposing such sanction. The
case shall be deemed terminated unless upon petition of the complainant or other
interested party led with the Supreme Court within (15) days from notice of the Board's
resolution, the Supreme Court orders otherwise.
17. Section 20 (f) of Rule 138 of the Rules of Court. Vide Uy v. Atty. Depasucat, 455 Phil. 1,
21 (2003).
18. Ng v. Alar, A.C. No. 7252, November 22, 2006, 507 SCRA 465, 473; Torres v. Javier,
supra.
19. A.C. No. 2343, July 30, 1982, 115 SCRA 459, 462.
20 Supra, citing Surigao Mineral Reservation Board v. Cloribel, G.R. No. L-27072, January 9,
1970, 31 SCRA 1, 17.
24. Teodosio v. Nava, A.C. No. 4673, April 27, 2001, 357 SCRA 406, 412, cited in Cruz v.
Cabrera, supra note 16 at 216-217.
25. Nuñez v. Astorga, supra note 16 at 354.