FORTUN v.

QUINSAYAS
G.R. No. 194578
February 13, 2013
Related constitutional provision: Art III, Sec 4 (subsequent punishment)

FACTS:
Petitioner is counsel for the principal accused (Datu Andal Ampatuan, Jr.) in the murder cases
filed in relation to the November 2009 Maguindanao Massacre. In November 2010, a disbarment
complaint was filed against him by Atty. Quinsayas, accusing him of unduly delaying the proceedings on
the murder cases. Details of the disbarment case were circulated and appeared in various internet and
print articles, and on television.
Petitioner is filing this complaint alleging that Quinsayas and the various involved media
corporations violated Rule 139-B of the Rules of Court, which asserts the confidential nature of
disbarment proceedings.

ISSUES:
1. Whether or not the respondent media corporations violated the confidentiality rule in disbarment
proceedings, warranting a finding of guilt for indirect contempt of court.
2. Whether or not Quinsayas violated the confidentiality rule in disbarment proceedings, warranting a
finding of guilt for indirect contempt of court.

HELD:
1. No.
As a general rule, disbarment proceedings are confidential in nature. In this case, however, the
disbarment complaint is a matter of public concern. The allegations in the disbarment case relate to
petitioner’s supposed actions involving the Maguindanao Massacre case. The Maguindanao Massacre is a
very high-profile case and it is understandable that any matter related to it is considered a matter of public
interest and that the personalities involved are considered public figures.
If there is a legitimate public interest, media is not prohibited from making a fair, true, and accurate
news report of a disbarment complaint. Since the disbarment complaint is a matter of public interest,
legitimate media had a right to publish such fact under freedom of the press.
2. Yes.
Quinsayas, both as complainant in the disbarment proceedings and as a lawyer, is bound by Rule 139-
B of the Rules of Court. For disseminating copies of the disbarment complaint to members of the media,
he is guilty of indirect contempt of court.

Prepared by: Vanessa Gloria S. Vergara 1