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ALCANTARA VS.

PEFIANCO

FACTS:

Atty. Antonio A. Alcantara, is the incumbent District Public Attorney of the Public Attorneys Office in San
Jose, Antique who alleged the conduct unbecoming a member of the bar for using improper and
offensive language and threatening and attempting to assault him.The said incident arose when a
woman approached Atty. Salvani III while he was conferring with a client. When he saw the woman in
tears, he went to the group and suggested that Atty. Salvani talk with her amicably as a hearing was
taking place in another room. Then Atty. Pefianco stood up and started to shout at Atty. Salvani and his
client.

Alcantara then, intervened and tries to calm down Pefianco but the latter continued to release his
outburst, while Atty. Salvani tried to explain himself but the former refused to listen. Then being the
Head of the Office he intervene and approached Pefianco and asked Atty. Salvani to settle the matter,
however, when Pefianco started to shout again to avoid any scene Atty. Alcantara asked his clerk to put
a put a notice outside prohibiting anyone from interfering with any activity in the Public Attorneys
Office. Then he went out to attend the hearing but when he came back he heard Pefianco saying “Atty.
Alcantara said that he would send me out of the PAO, what an idiot”.

With that he confronted Pefianco and told him to observe civility or else to leave the office if he had no
business there. The latter resented this and started hurling invectives at him, he even took a menacing
stance towards him which caused a commotion. Thereafter the two guards of the Hall of Justice came to
take him out of the office, but before they could do so, he tried to attack Alcantara, he even shouted at
him, Gago ka! fortunately, the guards were able to fend off Pefianco’s blow and Alcantara was not
harmed.

On the other hand Pefianco on his answer stated that that the sight of the crying woman, whose
husband had been murdered, moved him and prompted him to take up her defense. He said that he
resented the fact that Alcantara had ordered an employee, Napoleon Labonete, to put a sign outside
prohibiting standbys from hanging round in the Public Attorneys Office prior to the filing of Alcantara’s
complaint Pefianco filed an administrative case against the latter which was subsequently dismissed by
the Ombudsman.

Issue:

WON Pefianco’s acts is in violation of Canon 8 of the Code of Professional Responsibility

Ruling:

Yes Pefianco’s act is in violation of Canon 8 of the Code of Professional Responsibility as it provides that
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
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. In this
case, Pefianco’s meddling in a matter in which he had no right to do so caused the untoward incident.
Though he thought that this is righteous, his public behavior can only bring down the legal profession in
the eyes of the public and erode respect for it. An injustice cannot be righted by another injustice.

WHEREFORE, Atty. Mariano Pefianco is found GUILTY of violation of Canon 8 of the Code of Professional
Responsibility and, considering this to be his first offense, is hereby FINED in the amount of P1,000.00
and REPRIMANDED with a warning that similar action in the future will be sanctioned more severely.