In Fernandez v. Diño, Jr., the Supreme Court addressed the ethical boundaries of a lawyer’s zealous advocacy. The Court found Atty. Jose A. Diño, Jr. guilty of violating the Code of Professional Responsibility for using offensive language in his pleadings. While lawyers are expected to defend their clients vigorously, this case clarifies that such advocacy must be conducted with courtesy and respect, and that intemperate language towards opposing parties, the court, or fellow officers of the court is unacceptable. Even though Atty. Diño was already disbarred in a previous case, the Court imposed a one-year suspension, solely for recording purposes, to maintain the integrity of the legal profession.

Drawing the Line: Upholding Respect in Legal Advocacy

The case arose from a labor dispute where Alvin Y. Fernandez, the complainant, sued Atty. Jose A. Diño, Jr.’s clients for illegal dismissal. During the proceedings, Atty. Diño accused Fernandez of submitting fraudulent documents, referring to them as “C.M. Recto” manufactured documents, a derogatory term implying falsification. Fernandez filed a disbarment complaint against Atty. Diño, arguing that the lawyer’s language was not only offensive but also disrespectful to the Supreme Court, as the documents in question were notices and resolutions issued by the Court itself. The central question before the Supreme Court was whether Atty. Diño’s conduct violated the ethical standards expected of lawyers, specifically the canons requiring courtesy, fairness, candor, and respect for the courts.

The Supreme Court emphasized that while the adversarial nature of the legal system allows for strong advocacy, it does not justify the use of offensive and abusive language. The Court cited Rule 138, Section 20(f) of the Rules of Court, which states that an attorney has the duty to abstain from all offensive personality. The Court also invoked Canons 8 and 11 of the Code of Professional Responsibility (CPR), which mandate lawyers to conduct themselves with courtesy, fairness, and candor, and to maintain respect due to the courts and judicial officers.

CANON 8. – A lawyer shall conduct himself with courtesy, fairness, and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel.

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

CANON 11. – A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others.

Rule 11.03. – A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts.

The Court found that Atty. Diño’s statements, including his accusations that Fernandez submitted “bogus documents” and that the IBP Investigating Commissioner and Director of Bar Discipline “lied through their teeth,” were indeed violations of these ethical standards. The Court noted that even if Atty. Diño was referring to photocopies rather than the original Supreme Court documents, his language was still inappropriate. He could have voiced his concerns in a temperate and respectful manner instead of resorting to crude remarks.

The Court also addressed Atty. Diño’s procedural arguments, particularly his claim that the IBP Board’s resolution was invalid because it was undated and unnumbered and because no formal hearing was conducted. The Court dismissed these arguments, stating that minor lapses like the absence of a date or number do not automatically invalidate a resolution. The Court also noted that due process in administrative cases does not require a trial-type proceeding, as long as the parties are given a fair opportunity to be heard. In this case, Atty. Diño was able to submit numerous motions and manifestations, which were all considered by the IBP.

[D]ue process in an administrative context does not require trial-type proceedings similar to those in courts of justice. Where the opportunity to be heard, either through oral arguments or through pleadings, is accorded, no denial of procedural due process takes place. The requirements of due process are satisfied where the parties are afforded a fair and reasonable opportunity to explain their side of the controversy at hand.

Moreover, the Court emphasized that Atty. Diño himself waived his right to a formal hearing when he filed an Ex Parte Motion requesting the IBP to direct the parties to submit their position papers. This action demonstrated that he was afforded due process, as the IBP Board considered his submissions in reaching its decision. Thus, the procedural challenges raised by Atty. Diño did not hold merit, and the Court focused on the substantive issue of his misconduct.

The ruling aligns with the principle that lawyers are expected to be both zealous advocates and officers of the court. While advocating for a client’s cause is a core duty, it must be balanced with the obligation to maintain the dignity and integrity of the legal profession. This balance is crucial for the fair administration of justice, ensuring that disputes are resolved based on merit and not on abusive or offensive tactics. The Court’s decision serves as a reminder that language, though forceful, must always be dignified and respectful.

The imposition of a one-year suspension, even if solely for record-keeping purposes due to Atty. Diño’s prior disbarment, underscores the seriousness of the violation. The Court referenced its decision in In Re: Order Dated October 27, 2016 issued by Branch 137, Regional Trial Court, Makati in Criminal Case No. 14-765, clarifying that while a disbarred lawyer cannot be further penalized with suspension or disbarment, the penalty is recorded for future consideration, such as in the event of a petition to lift the disbarment.

This case also highlights the importance of distinguishing between the content of legal arguments and the manner in which they are presented. Even when challenging the authenticity or validity of documents, lawyers must do so with respect, avoiding language that could be construed as malicious, scandalous, or disrespectful. This principle is essential for fostering a professional and ethical legal environment.

The decision in Fernandez v. Diño, Jr. reinforces the concept that lawyers, as key players in the legal system, must uphold its integrity through their conduct and communication. The ethical standards set forth in the Code of Professional Responsibility are designed to ensure that the legal profession remains a respected and trustworthy institution. This case is a clear illustration of the consequences of failing to meet those standards.

FAQs

What was the key issue in this case?	The key issue was whether Atty. Jose A. Diño, Jr. violated the Code of Professional Responsibility by using offensive and disrespectful language in his pleadings. The Court examined whether his conduct breached ethical standards requiring courtesy, fairness, and respect towards the court and opposing parties.
What specific actions led to the disciplinary case against Atty. Diño?	Atty. Diño was accused of using offensive language, including referring to documents submitted by the opposing party as “C.M. Recto” manufactured documents, and accusing the IBP Investigating Commissioner of bias and dishonesty. These statements were deemed to violate the ethical standards expected of lawyers.
What are Canons 8 and 11 of the Code of Professional Responsibility?	Canon 8 requires lawyers to conduct themselves with courtesy, fairness, and candor towards professional colleagues. Canon 11 mandates lawyers to observe and maintain the respect due to the courts and judicial officers, and to abstain from scandalous, offensive, or menacing language.
Did the Court consider the procedural arguments raised by Atty. Diño?	Yes, the Court addressed Atty. Diño’s arguments about the validity of the IBP Board’s resolution and the lack of a formal hearing. The Court found that these procedural issues did not invalidate the disciplinary proceedings, as Atty. Diño had been given sufficient opportunity to be heard.
What was the penalty imposed on Atty. Diño?	Atty. Diño was found guilty of violating the Code of Professional Responsibility and was suspended from the practice of law for one year. However, because he was previously disbarred in another case, the suspension was only for recording purposes in his file with the Office of the Bar Confidant.
Why was the suspension only for recording purposes?	Since Atty. Diño had already been disbarred in a prior case, the Court could not impose another disbarment or suspension. The penalty was recorded for future consideration, particularly if Atty. Diño were to petition for the lifting of his disbarment.
What is the significance of referring to documents as “C.M. Recto” manufactured?	Referring to documents as “C.M. Recto” manufactured implies that the documents are falsified or fabricated. This term is derogatory and suggests that the opposing party is attempting to deceive the court, which is considered unethical behavior for a lawyer.
What is the key takeaway from this case for lawyers?	The key takeaway is that lawyers must balance their duty to zealously advocate for their clients with their ethical obligations to maintain courtesy, fairness, and respect in their dealings with the court, opposing counsel, and other parties. The use of offensive language is not justified, even in adversarial settings.

This case underscores the importance of maintaining professionalism and respect within the legal profession. By disciplining lawyers who use offensive language, the Supreme Court reinforces the ethical standards that are essential for the fair administration of justice. Attorneys must remember that zealous advocacy should never come at the expense of civility and respect, ensuring that the integrity of the legal system is preserved.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Fernandez v. Diño, Jr., A.C. No. 13365, September 27, 2022