The Supreme Court (SC) disbarred Atty. Berteni C. Causing from practicing the law for violating the Lawyer’s Oath and Code of Professional Responsibility.
In a 10-page decision made public on their official website of the SC, the court said that the disbarment stemmed from a 2019 complaint filed by Jackiya Lao against Causing.
“In the complaint, Lao alleged that on January 18, 2019, Atty. Causing published in his Facebook account a draft and yet to be filed copy of his Complaint-Affidavit for plunder, accusing Lao and other persons of the crime of Plunder” the SC said.
Causing did not deny that he posted the questioned Facebook posts, he also reasoned that the posts are an exercise of freedom of the press and freedom of expression.
But the Supreme Court said that Causing’s reasons are “untenable”.
“We find that such defenses are untenable. Atty. Causing cannot justify his infractions by hiding behind the rights to freedom of the press and freedom of expression under the Constitution as such are not absolute” the SC explained.
The court also reminded Causing that Facebook or any social media platform is not a proper forum to air out grievances.
The Facebook post of Causing according to SC was motivated by the desire to damage the reputation of the respondent.
Berteni Causing also served as one of the lawyers of radio broadcaster Percy Mabasa aka. Percy Lapid.
Meanwhile, the Court reminded lawyers to be careful when posting online.
“We caution lawyers to be circumspect in their postings online. They are reminded to always practice restraint in their conduct, be it in real life or online. Otherwise, the rule of law may very well be completely circumvented and rendered nugatory by blatantly seeking public trial on social media,” it warned.
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