G.R. No. L-15742 – 110 Phil. 1010 – Legal Ethics – Libelous Language
Atty. Miguel Tolentino and Atty. Cirilo Baylosis were opposing counsels in a civil case. It appears that Tolentino’s clients died and he petitioned for attorney’s fees in the amount of P10,000.00. Baylosis opposed the same where he stated that his clients are not to suffer for the death of Tolentino’s clients for it is not their fault but rather “their cause of their death may be due to the will of God, or due to the heavy expenses which they may have suffered from their leader and counsel (Tolentino)”, that Tolentino is not entitled to a P10,000.00 attorneys fees because he is not that competent. Baylosis went on to show that Tolentino has struggled to pass the bar as he failed numerous times; that he has many losing cases; that he perspires a lot during arguments in court; that his lowly stature as a lawyer only entitles him to a P500.00 attorneys fees. He also said that Tolentino “must be certainly not of his usual mind, otherwise with his old age, and long practice of law” when he made his allegations.
Tolentino then filed a libel case against Baylosis.
ISSUE: Whether or not the libel case should prosper.
HELD: No. The Supreme Court said that the statements where Baylosis showed that Tolentino isn’t that competent as a lawyer is not libelous for they are privileged communication. They are privileged because they were made in pertinence to the civil case where they are opposing counsels.
But the statements where Baylosis said that the death of Tolentino’s cleinet “may be due to the will of God, or due to the heavy expenses which they may have suffered from their leader and counsel” and “must be certainly not of his usual mind, otherwise with his old age, and long practice of law” do not fall within privileged communication for they were not pertinent to the civil case. But still, Baylosis cannot be charged with libel because the court found out that Tolentino did not come to court with clean hands as he himself resorted to libelous acts against Baylosis.
