In Belo-Henares v. Guevarra, the Supreme Court addressed the ethical responsibilities of lawyers regarding their online conduct, particularly on social media platforms like Facebook. The Court ruled that a lawyer’s use of abusive and offensive language on social media, even if under the guise of exercising free speech or within a supposedly private setting, could constitute a violation of the Code of Professional Responsibility. This decision underscores that lawyers must maintain decorum and uphold the dignity of the legal profession, regardless of whether their actions occur in their professional or private lives.

When a Lawyer’s Facebook Posts Lead to Disbarment Proceedings

The case stemmed from a disbarment complaint filed by Maria Victoria G. Belo-Henares against Atty. Roberto “Argee” C. Guevarra, following a series of posts he made on his Facebook account. These posts contained disparaging remarks about Belo-Henares and her medical practice, the Belo Medical Group, Inc. (BMGI). The posts included calling Belo-Henares a “quack doctor” and other offensive terms. Guevarra argued that these were private remarks shared within his circle of friends on Facebook and that his right to privacy and freedom of speech were violated. He also claimed that Belo-Henares, as a public figure, was subject to fair comment. However, the Supreme Court found Guevarra’s arguments unconvincing, leading to his suspension from the practice of law.

The Court emphasized that while freedom of speech is a constitutionally protected right, it is not absolute. Every person exercising this right must act with justice, give everyone their due, and observe honesty and good faith. This means that freedom of expression cannot be used to broadcast lies, insult others, or destroy their reputation. The Court found that Guevarra’s posts were indeed malicious and intended to tarnish the reputation of Belo-Henares and BMGI. Calling her a “quack doctor,” “Reyna ng Kaplastikan,” “Reyna ng Payola,” and “Reyna ng Kapalpakan,” as well as insinuating bribery, demonstrated bad faith and a clear intention to besmirch her name and reputation. Such conduct, the Court held, was a breach of the ethical standards expected of members of the bar.

A key point of contention was Guevarra’s claim that his Facebook posts were private and therefore protected. The Court rejected this argument, noting that even if the posts were limited to his “Friends,” there was no guarantee of absolute privacy. Facebook’s own structure allows users to share posts or tag others, expanding the audience beyond the original circle of friends. The Court stated that:

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.’

In essence, the Court recognized the inherent limitations of privacy settings on social media. The digital world’s interconnected nature means that content shared online can easily spread beyond its intended audience. Furthermore, the Court pointed out that Guevarra failed to provide evidence that he had actually used any of Facebook’s privacy tools to restrict access to his posts. This lack of evidence further undermined his claim of privacy violation.

The Court further discussed the specific violations of the Code of Professional Responsibility committed by Guevarra. Rule 7.03 states that:

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 provides that:

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

And Rule 19.01 mandates that:

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.

Guevarra’s actions violated all three rules. His abusive language and public insults undermined the reputation of Belo-Henares and BMGI. Moreover, threatening her with criminal conviction without factual basis violated the principle of fair and honest means in pursuing a client’s objectives. By posting defamatory remarks on Facebook, Guevarra failed to maintain the decorum expected of a member of the legal profession. Lawyers are expected to be respectful, firm, and decent, but Guevarra acted inappropriately and rudely, using language unbecoming of an officer of the law.

The fact that Belo-Henares is a public figure did not excuse Guevarra’s behavior. While public figures are subject to scrutiny and criticism, such criticism must be bona fide and not spill over the walls of decency and propriety. The Court cited Habawel v. CTA, emphasizing that criticism must be fair and not malicious.

As the Supreme Court made clear, lawyers can be disciplined even for conduct in their private capacity if that conduct reflects poorly on their probity or good demeanor. Good character is essential for admission to and continuation in the practice of law. The Court affirmed that the Code of Professional Responsibility applies not only to lawyers’ professional duties but also to any misconduct that shows them unfit for their office and unworthy of the privileges their license grants them.

FAQs

What was the key issue in this case?	The key issue was whether a lawyer’s Facebook posts, containing offensive and disparaging remarks about a public figure, constituted a violation of the Code of Professional Responsibility. The Court examined whether such conduct, even if allegedly made in a private setting, could subject the lawyer to administrative sanctions.
Did the lawyer’s claim of privacy hold up in court?	No, the lawyer’s claim of privacy was rejected. The Court noted the inherent limitations of privacy settings on social media platforms like Facebook and that the lawyer did not provide sufficient evidence that he utilized available privacy tools.
What specific rules of the Code of Professional Responsibility did the lawyer violate?	The lawyer violated Rules 7.03, 8.01, and 19.01 of the Code of Professional Responsibility. These rules pertain to conduct that reflects adversely on a lawyer’s fitness to practice, the use of abusive language, and the use of unfair means to achieve a client’s objectives.
How did the Court view the lawyer’s freedom of speech argument?	The Court acknowledged the constitutional right to freedom of speech but emphasized that it is not absolute. It cannot be used to justify malicious or defamatory statements that harm the reputation of others.
Does being a public figure mean one is open to any kind of criticism?	No, the Court clarified that even public figures are entitled to decent and proper treatment. Criticism must be bona fide and cannot spill over into abusive or malicious attacks.
Can lawyers be disciplined for conduct outside their professional duties?	Yes, lawyers can be disciplined for conduct committed in their private capacity if such conduct reflects a lack of probity or good demeanor. Good character is essential for the practice of law.
What was the penalty imposed on the lawyer?	The lawyer was suspended from the practice of law for one year. This suspension was based on the violations of the Code of Professional Responsibility.
What is the practical implication of this ruling for lawyers?	The ruling makes it clear that lawyers must exercise caution and maintain decorum in their online conduct, even on personal social media accounts. They must be mindful of their ethical obligations and avoid making defamatory or abusive statements.

The Belo-Henares v. Guevarra case serves as a reminder to lawyers about the ethical responsibilities that extend to their online behavior. The Supreme Court’s decision underscores that the standards of conduct expected of legal professionals do not diminish in the digital age. Lawyers must always uphold the dignity and integrity of the legal profession, both in their professional and private lives. This landmark case sets a precedent for how online behavior can impact a lawyer’s career, emphasizing the need for careful consideration of one’s digital footprint.

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: Belo-Henares v. Guevarra, A.C. No. 11394, December 01, 2016