PALE SCRIPT

CHAPTER II: The LAWYER and the LEGAL PROFESSION – CANON 7

“The lawyer shall at all times uphold the integrity and dignity of the legal profession and support the
activities of the integrated bar.”

DISBARMENT CASE: AC No. 8210, Aug. 8, 2016, SPOUSES MANOLO & MILINIA NUEZCA vs. ATTY.
ERNESTO VILLAGARCIA

Characters:

Narrator = Neil

Spouses Manolo – Complainant = C1 – John /Gina

Atty. Ernesto V. Villagarcia – Respondent = C2 – lalaki---who?

Commissioner Honesto A. Villamor (CDB) = C3

C1: We are Mr. & Mrs. Manolo, complainant herein for a disbarment case against the respondent Atty.
Villagarcia

C2: I am Atty. Ernest V. Villagarcia

C3: From the Commission on Bar Discipline (CBD), Commissioner Honesto A. Villamor

C1: Our complaint arise from the respondent actuations of having sending a demand letter to various
offices and persons, which contained not only threatening but also libelous utterances. The nature of the
demand letter seriously maligned and ridiculed to our persons. Furthermore, several news clippings that
were attached to the demand letter were intended to sow tear on our part that caused us sleepless nights,
wounded feelings and that besmirched our reputation.

Therefore, we are praying for and administrative sanction and disbarment for the respondent Atty. Ernest
Villagarcia.

C2: Your several issued BDO checks in 2003 and thereabouts were all unencashed as they proved to be
worthless and unfounded. By Law, you are liable under BP 22, Bouncing Checks Law and Art 315, Par.2 of
the Revised Penal Code, Swindling / Estafa.

For all your deceit, fraud, schemes and other manipulations to defraud Mrs. Arcilla, taking advantage of
her helplessness, age and handicapped to her grave and serious damage, you are also criminally liable
uner Art 318 of the RPC, other deceits.
C3: After several times of respondent failure to respond and submit position paper, we hereby resolve
the following complaint.

Respondent hereby suspended from the practice of law for a period of 3 months for violation of Rule 8.01
of the Code of Professional responsibility, and recommended that the respondent be declared in
contempt of court and fined the amount of P1,000, with a warning that repetition of the same shall be
dealt with more severely.

Narrator: In case at bar, it is worthy to ponder the Supreme Court Ruling of the Case, which taught us in
this wise:

“Though a lawyers language may be forceful and emphatic, it should always be dignified and respectful,
befitting the dignity of the legal profession. The use of the intemperate language and unkind ascriptions
has no place in the dignity of judicial forum.

In this regard, all lawyers should take heed that they are licensed officers of the courts who are mandated
to maintain the dignity of the legal profession, hence they must conduct themselves honorably and fairly.

Rule 8.01. – A lawyer shall not, in his professional dealings, use language which is abusive, offensive or
otherwise improper.

Hence, respondent is hereby suspended for 1 month from the practice of law.