Foodsphere V Mauricio

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FOODSPHERE, INC. v. ATTY. MAURICIO, JR.

(A.C. No. 7199, July 22, 2009)


FACTS:

Foodsphere, a corportation engaged in the business of meat processing and


manufacture of canned goods of ―CDO‖ filed an administrative complaint
against Atty.Melanio Mauricio, Jr. for violation of the code of professional
responsibility. The case at hand involved a certain Alberto Cordero who
purportedly found a colony of worms inside the can of liver spread by CDO and
Foodsphere that he bought from the grocery. The Cordero family sued the
company for P150,000 for damages, but the companies did not agree to the
demands. The Cordero’s thereafter threatened to resort to the media, if their
demands are not met. Consequently, Atty. Mauricio the counsel of the
Cordero’s, was involved in various media productions such as being a
writer/columnist of tabloids including Balitang Patas BATAS, Bagong TIKTIK,
TORO and HATAW!, and a host of a television program KAKAMPI MO ANG
BATAS telecast over UNTV and of a radio program Double B-BATAS NG BAYAN
aired over DZBB. Atty. Mauricio, in many cases utilized these media outlets to
place the said company in a bad light by declaring to the masses the liver
spread of worms; even after his receipt of the Order addressed to him to desist
from ―further publishing, televising and/or broadcasting any matter subject of
the Complaint in the instant case more specifically the imputation of vices
and/or defects on plaintiff and its products‖. Even after the parties have
performed an agreement, signed by the Cordero’s and Atty.Mauricio himself –
resulting in the dismissal of the Cordero case, Atty.Mauricio still inexplicably
launched a media offensive to the companies.

ISSUE:

Whether or not, Atty. Mauricio has violated the Code of Professional


Responsibility.
   
HELD:

Yes. Atty. Mauricio has violated the code of professional responsibility. His
recourse to the Media, even after being told to desist from such was a clear
violation of Rule 13.03 of Canon 13, ―A lawyer shall not make public
statements in the media regarding a pending case tending to arouse public
opinion for or against a party‖. His action has put not only the company
Foodsphere and CDO in a bad light, but has also degraded the dignity and
authority of the legal system. Besides the above, he has also violated Canon
1.01 by engaging in deceitful conduct taking advantage of the complaint against
CDO to advance his own interests, and Canon 8, when he used abusive and
offensive language in his dealings.

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