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id=1016

A.C. No. 11394, December 01, 2016 - MARIA

VICTORIA G. BELO-HENARES, Complainant,
v. ATTY. ROBERTO "ARGEE" C. GUEVARRA,
Respondent. : DECEMBER 2016 -
PHILIPPINE SUPREME COURT
JURISPRUDENCE

R.E. Diaz

A.C. No. 11394, December 01, 2016 - MARIA VICTORIA G. BELO-HENARES,

Complainant, v. ATTY. ROBERTO "ARGEE" C. GUEVARRA, Respondent.

FIRST DIVISION

A.C. No. 11394, December 01, 2016

MARIA VICTORIA G. BELO-HENARES, Complainant, v. ATTY. ROBERTO

"ARGEE" C. GUEVARRA, Respondent.

DECISION

PERLAS-BERNABE, J.:

The instant administrative case arose from a verified complaint1 for disbarment filed
by complainant Maria Victoria G. Belo-Henares (complainant) against respondent
Atty. Roberto "Argee" C. Guevarra (respondent) for alleged violations of Rules 1.01
and 1.02, Canon 1; Rule 7.03, Canon 7; Rule 8.01 of Canon 8; and Rule 19.01, Canon
19 of the Code of Professional Responsibility.chanroblesvirtuallawlibrary

The Facts
Complainant is the Medical Director and principal stockholder of the Belo Medical
Group, Inc. (BMGI), a corporation duly organized and existing under Philippine
laws2 and engaged in the specialized field of cosmetic surgery.3 On the other hand,
respondent is the lawyer of a certain Ms. Josefina "Josie" Norcio (Norcio), who filed
criminal cases against complainant for an allegedly botched surgical procedure on her

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buttocks in 2002 and 2005, purportedly causing infection and making her ill in
2009.4

In 2009, respondent wrote a series of posts on his Facebook account, a popular

online social networking site, insulting and verbally abusing complainant. His posts
include the following excerpts:chanRoblesvirtualLawlibrary

Argee Guevarra Quack Doctor Becky Belo: I am out to get Puwitic Justice
here! Kiss My Client's Ass, Belo. Senator Adel Tamano, don't kiss Belo's
ass. Guys and girls, nagiisip na akong tumakbo sa Hanghalan 2010 to Kick some
ass!!! I will launch a national campaign against Plastic Politicians No guns, No goons,
No gold - IN GUTS I TRUST!
Argee Guevarra Dr. Vicki Belo, watch out for Josefina Norcio's Big Bang on Friday -
You will go down in Medical History as a QUACK DOCTOR!!!! QUACK
QUACK QUACK QUACK. CNN, FOX NEWS, BLOOMBERG, CHICAGO
TRIBUNE, L.A. TIMES c/o my partner in the U.S., Atty. Trixie Cruz-Angeles :)
(September 22 at 11:18pm)5

Argee Guevarra is amused by a libel case filed by Vicki Belo against me through her
office receptionist in Taytay Rizal. Haaaaay, style-bulok at style-duwag
talaga. Lalakarin ng Reyna ng Kaplastikan at Reyna ng Payola ang
kaso... si Imelda Marcos nga sued me for P300 million pesos and ended up
apologizing to me, si Belo pa kaya? (September 15 at 12:08pm)6

Argee Guevarra get vicki belo as your client!!! may 'extra-legal' budget yon.
Kaya lang, histado ko na kung sino-sino ang tumatanggap eh, pag
nalaman mo, baka bumagsak pa isang ahensya ng gobyerno dito, hahaha (August
9 at 10:31pm)7

Argee Guevarra ATTENTION MGA BATCHMATES SA DOJ: TIMBREHAN NIYO

AKO KUNG MAGKANONG PANGSUHOL NI BELO PARA MADIIN AKO
HA???? I just [want] to know how much she hates me, ok? Ang payola budget
daw niya runs into tens of millions.... (September 15 at 3:57pm)8

Argee Guevarra thinks aloud how the payola machinery of vicki belo killed
the news of a picket demonstration in front of the Belo clinic. I wonder how
television, print[,] and radio programs can kill the story when the next rallies will
have the following numbers 100, 200, 500 and 1000. Kung magkaasaran pa, 10,000
demonstrators will be assembled in front of the Belo Medical Clinic at Tomas Morato
on July 27, 2009. Hahahahaha! (July 17 at 7:56pm)9

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Argee Guevarra Nakakatawa nga, 10milyon pa budget... [I] didn't know that my
reputation is worth that much. Aba ako kaya magdemanda sa kanila :) Ikot-ikot
daw ang mga P.R. ni Belo trying to convince editors to pin me down with
something eh alam ko na wala naman akong sex video!!! Adik talaga sa
botox si Aling Becky at may tama na sa utak - eh kung gagastos ka lang
ng 10 milyon para sa tirang-pikon laban sa akin at to protect your burak
na reputasyon as a plastic surgeon, i-donate mo na lang yon sa biktima ni
Ondoy, Pepeng at Ramil! Yung mga homeboys ko sa Pasig na nilimas [ni] Ondoy
ang kukubra sa yo! (October 23 at 5:31pm)10

Argee Guevarra is inspired by Jose Norio's courageous act of showing her face on
national television to expose the Reyna ng Kaplastikan, Reyna ng
Kapalpakan. Inspired by shock nevertheless by the fact that the much needed
partial restoration of her behind would cost a staggering $500,000-$1,000,000
Stanford Medical Hospital and she will still remain permanently disabled for the rest
of her life... (July 11 at 2:08am)11

Argee Guevarra Just got my internet connection. WILL EMAIL U THE LURID
UNASSAILABLE FACTS ABOUT VICKI BELO'S QUACK DOCTORING.
(October 27, 2009)12

Argee Guevarra yeah... actually the issue is simple and you will easily see which side
you'll be taking- just pay Ms. Josie Norcio a visit at St. Luke's at talagang binaboy
siya ng Reyna ng Kaplastikan (July 10 at 12:08am)13

chanrobleslawThe complaint further alleged that respondent posted remarks on his

Facebook account that were intended to destroy and ruin BMGI's medical personnel,
as well as the entire medical practice of around 300 employees for no fair or
justifiable cause,14 to wit:chanRoblesvirtualLawlibrary
Argee Guevarra yup... [I'll] even throw the kitchen sink at her. Enjoy nga ito, we will
paralyze the operations of all her clinic and seek out her patients and
customers to boycott her. [So] far, good response – 70% decrease in her July
sales... (August 9 at 10:29pm)15
Argee Guevarra Guys, pandemonium has broken loose in [BMGI's] 6 clinics after Ms.
Josie Norio's tell-all. With only 2 surgeons of BMGI certified by PAPRAS, there is
real-and-present danger that surgeries like liposuction, nose lift, boob jobs which
have been performed by [BMGI's] physicians, every patient runs the risk of
something going wrong with the procedures they have undergone under [BMGI's]
hands:(" (July 12 at 12:21am)16

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Argee Guevarra [T]hey perform plastic surgery procedures without licensed and
trained doctors, they nearly killed a client of mine, medical malpractice, use of
banned substances/fillers on patients. just recently, in flawless clinic, a patient who
had a simple facial landed in the hospital ... (August 9 at 10:04pm)17

Argee Guevarra braces for typhoon Ramil without forgetting to ask comrades and
friends in Cebu to greet Vicki Belo with a boycott once she visits there on Oct. 20.
Cebu's royal set already knows that she is not a certified plastic surgeon:
Boycott Belo, Flawless Reckless, Belat Essentials!!!! (October 18 at
6:23pm)18

Argee Guevarra [W]ell, with all the kababuyan of the Belo clinic, its money-
making machines, dapat convert them into public health clinics!!! instead
of pandering to the vanities of those who want to look like Dra. Belo. (July 11 at
2:16am)19

Argee Guevarra darling kellyn, so far, i have 3 other ex-belo patients who will tell all
too!!!!! Grabe pala ang mga kapalpakan niyan. So did u leave Belo Clinic
because it has become a Frankenstein Factory? (July 11 at 2:30am)20

Argee Guevarra BOYCOTT BELO! FLAWLESS RECKLESS! BELAT

ESSENTIALS!!! I'll be gone for a week to a place where there will be no facebook so
please, add Trixie Cruz-Angeles if you want to find out more about our anti-quack
doctor campaign! (September 24 at 3:00pm)21

Argee Guevarra Anyone care to sponsor T-shirts bearing this slogan? - BOYCOTT
BELO! FLAWLESS RECKLESS! BELAT ESSENTIALS! (September 23 at
12:17arn)22

Argee Guevarra Pare, eksena on Thursday I will go to the hearing with a placard -
BOYCOTT BELO!!! FLAWLESS RECKLESS!!! BELAT ESSENTIALS!!! I will
vote for Adel Tamano (La Salle-Ateneo lower batch sa akin at mabuti ang pamilya
niyan)... BUT WOULD YOU??? (September 23 at 1:50am)23

Argee Guevarra advocates a national patients' boycott of the Belo Medical Group. To
all my friends and comrades, please stay away from Belo's clinics. I have 2
cousins and 3 friends already who have canceled their lipo from belo. Please help
me shut down the Belo Medical Group until they perform their moral and
legal obligation to Ms. Josie Norcio... (July 17 at 2:12pm)24

chanrobleslawMoreover, respondent, through his Facebook account, posted remarks

that allegedly threatened complainant with criminal conviction, without factual basis

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and without proof,25 as follows:chanRoblesvirtualLawlibrary

Argee Guevarra Mr. Jay, by next year- GMA will no longer be president and she will
be jailed for plunder; Vicky Belo will no longer be a doctor and she will be in
the middle of a criminal prosecution. The General Surgeon of France will have
a Philippine version. By October and November, some congressmen I have spoken
with will be issuing summons to Vicky Belo for a congressional inquiry; the subject -
legislation regulating the practice of cosmetic surgery! (September 22 at 11:31pm)26
Argee Guevarra Celso de1os Angeles can still get medical attention in prison - from
Vicky Belo after she gets convicted too for criminal negligence and estafa
(July 15 at 10:05am)27

Argee Guevarra is preparing himself for a campaign against the Belo Medical
Group for its criminal negligence which nearly killed Ms. Josie Norcio
over a botched butt augmentation procedure. He found out that the Dr. Belo
herself marketed the product to Ms. Norcio, the operation was carried out by her
doctors who were not licensed by the Philippine Association of Plastic
Reconstructive and Aesthetic Surgeons.............. (July 9 at 8:54pm)28

chanrobleslawComplainant likewise averred that some of respondent's Facebook

posts were sexist, vulgar, and disrespectful of women,29 to
wit:chanRoblesvirtualLawlibrary
Argee Guevarra but can u help me too with maricar reyes? who's the hottest cebuana
chic chick there nowadays? haven't been there for quite some time... pa-chicks ka
naman!!! I'm sure marami kang 25-and-below naprends diyan (August 10 at
8:36pm)30
Argee Guevarra hay joseph!!! how's the gayest lawyer in cebu? our forces will soon
picket the belo clinic there, can u tell me where that is? halato ko na sayo si
hayden, promise!" (August 10 at 12:23am)31

Argee Guevarra joseph, i can't say i love u too - baka belo's team will use all sorts of
attacks na against me. to thwart them, being the gayest gay in the philippines, can u
issue a certification that i am so not like your type? at yung preferred ko lang ay thin,
thalino and thisay? (September 23 at 12:01am)32

chanrobleslawFinally, complainant averred that the attacks against her were made
with the object to extort money from her, as apparent from the following reply made
by respondent on a comment on his Facebook post:33chanroblesvirtuallawlibrary
Kellyn Conde Sy utang mo! Pay up time:) (July 11 at 2:37am)
Argee Guevarra kellyn, sisingilin ko muna si belo... at saka sabi mo naman,
maibagsak ko lang ang kaplastikan ni belo, quits na tayo ...(July 11 at 2:38am)34

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chanrobleslawAsserting that the said posts, written in vulgar and obscene language,
were designed to inspire public hatred, destroy her reputation, and to close BMGI and
all its clinics, as well as to extort the amount of P200 Million from her as evident from
his demand letter35 dated August 26, 2009, complainant lodged the instant
complaint for disbarment against respondent before the Integrated Bar of the
Philippines (IBP), docketed as CBD Case No. 09-2551.
In defense,36 respondent claimed that the complaint was filed in violation of his
constitutionally-guaranteed right to privacy,37 asserting that the posts quoted by
complainant were private remarks on his private account on Facebook, meant to be
shared only with his circle of friends of which complainant was not a part.38 He also
averred that he wrote the posts in the exercise of his freedom of speech, and
contended that the complaint was filed to derail the criminal cases that his client,
Norcio, had filed against complainant.39 He denied that the remarks were vulgar and
obscene, and that he made them in order to inspire public hatred against
complainant.40 He likewise denied that he attempted to extort money from her,
explaining that he sent the demand letter as a requirement prior to the filing of the
criminal case for estafa, as well as the civil case for damages against her. 41 Finally,
respondent pointed out that complainant was a public figure who is, therefore, the
subject of fair comment.42

After the mandatory conference had been terminated,43 the parties were directed to
file their respective position papers.44 Thereafter, the IBP, through the Commission
on Bar Discipline (CBD), set the case for clarificatory hearing.45 Upon termination
thereof, the case was deemed submitted for report/recommendation.46

IBP's Report and Recommendation

In its Report and Recommendation47 dated August 13, 2013, the IBP-CBD
recommended that respondent be suspended for a period of one (1) year from the
practice of law, with a stem warning that a repetition of the same or similar acts shall
be dealt with more severely.48 It held respondent liable for violation of Rule 7.03,49
Rule 8.01,50 and Rule 19.0151 of the Code of Professional Responsibility for having
posted the above-quoted remarks on his Facebook account, pointing out that
respondent cannot invoke the "private" nature of his posts, considering that he had at
least 2,000 "friends" who can read and react thereto. Moreover, the IBP-CBD
maintained that the criminal cases he had filed against complainant on behalf of
Norcio had been dismissed for insufficient evidence; therefore, he can no longer
campaign against complainant whose alleged crimes against Norcio had not been
established.52

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In a Resolution53 dated September 27, 2014, the IBP Board of Governors resolved to
adopt and approve the August 13, 2013 Report and Recommendation of the IBP-CBD.

Respondent moved for reconsideration,54 arguing that there was no specific act
attributed to him that would warrant his suspension from the practice of law. He also
averred that the libel cases filed against him by an employee of BMGI had already
been dismissed, without prejudice, for lack of jurisdiction.55

In a Resolution56 dated October 28, 2015, the IBP Board of Governors partially
granted respondent's motion, reducing the penalty from one (1) year to six (6)
months suspension.chanroblesvirtuallawlibrary

The Issue Before the Court

The sole issue for the Court's resolution is whether or not respondent should be held
administratively liable based on the allegations of the verified
complaint.chanroblesvirtuallawlibrary

The Court's Ruling

The Court has examined the records of this case and concurs with the IBP's findings,
except as to the penalty imposed on respondent.

At the outset, the Court notes that respondent never denied that he posted the
purportedly vulgar and obscene remarks about complainant and BMGI on his
Facebook account. In defense, however, he invokes his right to privacy, claiming that
they were "private remarks" on his "private account"57 that can only be viewed by his
circle of friends. Thus, when complainant accessed the same, she violated his
constitutionally guaranteed right to privacy.

The defense is untenable.

Facebook is currently the most popular social media site, having surpassed one (1)
billion registered accounts and with 1.71 billion monthly active users.58 Social media
are web-based platforms that enable online interaction and facilitate users to
generate and share content. There are various classifications59 of social media
platforms and one can be classified under the "social networking sites" such as
Facebook.60

Facebook is a "voluntary social network to which members subscribe and submit

information. x x x It has a worldwide forum enabling friends to share information
such as thoughts, links, and photographs, with one another."61 Users register at this
site, create a personal profile or an open book of who they are, add other users as

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friends, and exchange messages, including automatic notifications when they update
their profile. A user can post a statement, a photo, or a video on Facebook, which can
be made visible to anyone, depending on the user's privacy settings.62

To address concerns about privacy, but without defeating its purpose, Facebook was
armed with different privacy tools designed to regulate the accessibility of a user's
profile, as well as information uploaded by the user. In H v. W,63 the South Gauteng
High Court of Johannesburg, Republic of South Africa recognized this ability of the
users to "customize their privacy settings," but with the cautionary advice that
although Facebook, as stated in its policies, "makes every effort to protect a user's
information, these privacy settings are however not foolproof."64

Consequently, before one can have an expectation of privacy in his or her online
social networking activity - in this case, Facebook - it is first necessary that said user
manifests the intention to keep certain posts private, through the employment of
measures to prevent access thereto or to limit its visibility. This intention can
materialize in cyberspace through the utilization of Facebook's privacy tools. In other
words, utilization of these privacy tools is the manifestation, in the cyber world, of the
user's invocation of his or her right to informational privacy.65

The bases of the instant complaint are the Facebook posts maligning and insulting
complainant, which posts respondent insists were set to private view. However, the
latter has failed to offer evidence that he utilized any of the privacy tools or features of
Facebook available to him to protect his posts, or that he restricted its privacy to a
select few. Therefore, without any positive evidence to corroborate his statement that
the subject posts, as well as the comments thereto, were visible only to him and his
circle of friends, respondent's statement is, at best, self-serving, thus deserving scant
consideration.66

Moreover, even if the Court were to accept respondent's allegation that his posts were
limited to or viewable by his "Friends" only, there is no assurance that the same - or
other digital content that he uploads or publishes on his Facebook profile - will be
safeguarded as within the confines of privacy, in light of the
following:chanRoblesvirtualLawlibrary

Facebook "allows the world to be more open and connected by giving its users
(1)
the tools to interact and share in any conceivable way";

(2) A good number of Facebook users "befriend" other users who are total strangers;

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(3) The sheer number of "Friends" one user has, usually by the hundreds; and

A user's Facebook friend can "share" the former's post, or "tag" others who are
(4) not Facebook friends with the former, despite its being visible only to his or her
own Facebook friends.67

chanrobleslawThus, restricting the privacy of one's Facebook posts to "Friends" does

not guarantee absolute protection from the prying eyes of another user who does not
belong to one's circle of friends. The user's own Facebook friend can share said
content or tag his or her own Facebook friend thereto, regardless of whether the user
tagged by the latter is Facebook friends or not with the former. Also, when the post is
shared or when a person is tagged, the respective Facebook friends of the person who
shared the post or who was tagged can view the post, the privacy setting of which was
set at "Friends."68 Under the circumstances, therefore, respondent's claim of
violation of right to privacy is negated.
Neither can the Court accept the argument that the subject remarks were written in
the exercise of his freedom of speech and expression.

Time and again, it has been held that the freedom of speech and of expression, like all
constitutional freedoms, is not absolute.69 While the freedom of expression and the
right of speech and of the press are among the most zealously protected rights in the
Constitution, every person exercising them, as the Civil Code stresses, is obliged to act
with justice, give everyone his due, and observe honesty and good faith.70 As such,
the constitutional right of freedom of expression may not be availed of to broadcast
lies or half-truths, insult others, destroy their name or reputation or bring them into
disrepute.71

A punctilious scrutiny of the Facebook remarks complained of disclosed that they

were ostensibly made with malice tending to insult and tarnish the reputation of
complainant and BMGI. Calling complainant a "quack doctor," "Reyna ng
Kaplastikan," "Reyna ng Payola," and "Reyna ng Kapalpakan," and insinuating that
she has been bribing people to destroy respondent smacks of bad faith and reveals an
intention to besmirch the name and reputation of complainant, as well as BMGI.
Respondent also ascribed criminal negligence upon complainant and BMGI by
posting that complainant disfigured ("binaboy") his client Norcio, labeling BMGI a
"Frankenstein Factory," and calling out a boycott of BMGI's services all these despite
the pendency of the criminal cases that Norcio had already filed against complainant.
He even threatened complainant with conviction for criminal negligence and estafa

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which is contrary to one's obligation "to act with justice."·

In view of the foregoing, respondent's inappropriate and obscene language, and his
act of publicly insulting and undermining the reputation of complainant through the
subject Facebook posts are, therefore, in complete and utter violation of the following
provisions in the Code of Professional Responsibility:chanRoblesvirtualLawlibrary

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness
to practice law, nor shall he, whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is
abusive, offensive or otherwise improper.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.

chanrobleslawBy posting the subject remarks on Facebook directed at complainant

and BMGI, respondent disregarded the fact that, as a lawyer, he is bound to observe
proper decorum at all times, be it in his public or private life. He overlooked the fact
that he must behave in a manner befitting of an officer of the court, that is, respectful,
firm, and decent. Instead, he acted inappropriately and rudely; he used words
unbecoming of an officer of the law, and conducted himself in an aggressive way by
hurling insults and maligning complainant's and BMGI's reputation.
That complainant is a public figure and/or a celebrity and therefore, a public
personage who is exposed to criticism72 does not justify respondent's disrespectful
language. It is the cardinal condition of all criticism that it shall be bona fide, and
shall not spill over the walls of decency and propriety.73 In this case, respondent's
remarks against complainant breached the said walls, for which reason the former
must be administratively sanctioned.

"Lawyers may be disciplined even for any conduct committed in their private
capacity, as long as their misconduct reflects their want of probity or good demeanor,
a good character being an essential qualification for the admission to the practice of
law and for continuance of such privilege. When the Code of Professional
Responsibility or the Rules of Court speaks of conduct or misconduct, the reference is
not confined to one's behavior exhibited in connection with the performance of
lawyers' professional duties, but also covers any misconduct, which—albeit unrelated

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to the actual practice of their profession—would show them to be unfit for the office
and unworthy of the privileges which their license and the law invest in them."74
Accordingly, the Court finds that respondent should be suspended from the practice
of law for a period of one (1) year, as originally recommended by the IBP-CBD, with a
stem warning that a repetition of the same or similar act shall be dealt with more
severely.

WHEREFORE, respondent Atty. Roberto "Argee" C. Guevarra is found guilty of

violation of Rules 7.03, 8.01, and 19.01 of the Code of Professional Responsibility. He
is hereby SUSPENDED from the practice of law for a period of one (1) year, effective
upon his receipt of this Decision, and is STERNLY WARNED that a repetition of
the same or similar acts will be dealt with more severely.

Let a copy of this Decision be furnished the Office of the Bar Confidant, the
Integrated Bar of the Philippines, and the Office of the Court Administrator for
circulation to all the courts.

SO ORDERED.ChanRoblesVirtualawlibrary

Sereno, C.J., (Chairperson), Leonardo-De Castro, Bersamin, and Caguioa, JJ.,

concur.

Endnotes:

1 Dated October 25, 2009. Rollo, Vol. I, pp. 2-12.

2 Id. at 2.

3 Id. at 3.

4 Id.

5 Id. at 13; emphases and italics supplied.

6 Id. at 5 and 14; emphasis and italics supplied.

7Id. at 15; emphasis and italics supplied.

8 Id. at 16; emphases and italics supplied.

9 Id. at 17; emphasis and italics supplied.

10 Id. at 5 and 18; emphases and italics supplied.

11 Id. at 19; emphases and italics supplied.

12 Id. at 6 and 20; emphases and italics supplied.

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13 Id. at 21; emphases and italics supplied.

14 Id. at 6.

15 Id. at 22; emphasis and italics supplied.

16 Id. at 23.

17 Id. at 24.

18 Id. at 25; emphasis and italic supplied.

19 Id. at 26; emphasis and italics supplied.

20 Id.; emphasis and italics supplied.

21 Id. at 27; emphasis supplied.

22 Id. at 28; emphasis supplied.

23 Id.; emphasis and italics supplied

24 Id. at 29; emphases supplied.

25 Id. at 9.

26 Id. at 30; emphasis supplied.

27 Id. at 31; emphasis and italic supplied.

28 Id. at 32; emphases supplied.

29 Id. at 10.

30 Id. at 33; italics supplied.

31 Id. at 34; emphasis and italics supplied.

32 Id. at 35; italics supplied.

33 See id. at 10-11.

34 Id. at 36; emphasis and italics supplied.

35 Id. at 37-39.

36 See Answer dated January 4, 2010; id. at 44-57.

37 See id. at 44.

38 See id. at 45-46.

39 See id. at 55.

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40 Id. at 47-48.

41 See id. at 49.

42 Id. at 54.

43 See Order dated January 28, 2011 issued by Commissioner Hector B. Almeyda; id.

at 65-66.
44 See Position Paper for complainant dated February 25, 2011 (id. at 67-88) and

Respondent's Position Paper dated February 28, 2011 (id. at 176-191 ).

45 See Order dated April 13, 2011; id. at 213-214.

46 See Order dated September 3, 2012; id. at 281.

47 Signed by Commissioner Atty. Eldrid C. Antiquiera. Rollo, Vol. II, pp. 329-331.

48 Id. at 331.

49 Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his

fitness to practice law, nor shall he, whether in public or private life, behave in a
scandalous manner to the discredit of the legal profession.
50 Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is

abusive, offensive or otherwise improper.

51 Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful

objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
52 Rollo, Vol. II, pp. 330-331.

53 See Notice of Resolution in Resolution No. XXI-2014-637 issued by National

Secretary Nasser A. Marohomsalic; id. at 328, including dorsal portion.

54 Dated April 25, 2015. Id. at 332-343.

55 See id. at 338-341.

56 See Notice of Resolution in Resolution No. XXII-2015-82 issued by Assistant

National Secretary Maria Angela N. Esquivel; id. at 366-367.

57 Rollo, Vol. I, p. 44.

58 Seth Fiegerman, Facebook is unstoppable, CNN Tech, July 27, 2016, available at <

money.cnn.com/2016/07/27/technology/facebook-earnings-high-expectations/ >

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(visited November 10, 2016).

59 Other classification of social media platforms are (1) blog and microblog sites

(Twitter,Tumblr); (2) content communities sites (YouTube, Instagram); (3)

collaborative projects (Wikipedia); (4 Virtual social worlds (Farmville); and (5)
Virtual game-world (World of Warcraft). See Government Social Research, Using
social media for Social research: An introduction, May 2016, available at <
https://www.gov.uk/govemment/uploads/system/uploads/attachment_data
/file/524750/GSR_Social_Media_Research_Guidance_-
_Using_social_media_for_social_research.pdf > (visited October 28, 2016).
60 Id.

61H v. W, Case No. 12110142, In the South Gauteng High Court, Johannesburg,

Republic of South Africa, January 30, 2013. See also < http://www.saflii.org/za!cases
/ZAGPJHC/2013/l.html > (visited October 28, 2016).
62Disini, Jr. v. The Secretary of Justice, 727 Phil. 28, 117 (2014).

63H v. W, supra note 61,

64 Id., as cited in Vivares v. St. Theresa's College, G.R. No. 202666, September 29,

2014, 737 SCRA 92, 114.

65Vivares v. St. Theresa's College, id. at 116.

66 Id. at 118.

67 Id. at 120-121, citations omitted.

68 See id. at 121.

69 See In Re Emil (Emiliano) P. Jurado Ex Rel.: Philippine Long Distance Telephone

Company (PLDT), per its First Vice-President, Mr. Vicente R. Samson, 313 Phil 119,
163 (1995), citing Zaldivar v. Gonzalez, 248 Phil 542, 579 (1988).
70 Article 19 ofthe Civil Code provides:chanRoblesvirtualLawlibrary

Art. 19. Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good faith.

chanrobleslaw
71 See In Re Emil (Emiliano) P. Jurado Ex Rel.: Philippine Long Distance Telephone

Company (PLDT), per its First Vice-President, Mr. Vicente R. Samson, supra note
69, at 165.

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72 See rollo, Vol. I, pp. 183-185.

73 See Habawel v. CTA, 672 Phil. 582, 596 (2011), citing In Re Alamcen v.

Yaptinchay, G.R. No. L-27654, February 18, 1970, 31 SCRA 562, 580.
74 Pobre v. Defensor-Santiago, 613 Phil. 352, 364-365 (2009).

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